When you suffer an injury due to someone else’s fault, you may be able to bring a successful compensation claim against that person for the personal injuries you have suffered. Consult our qualified accident and personal injury lawyers Belfast, Northern Ireland.
Personal injury is an illness or injury or worsening of an illness or injury, caused by someone else’s negligence.
Where you can prove that person’s negligence you may be able to obtain compensation from the person responsible.
You should get in touch with qualified accident solicitors who can help you receive adequate compensation.
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The type and amount of compensation you are entitled to in a personal injury claim will differ from case to case, but in general there are two main elements to what compensation may be due to you.
The first element is called general damages, which compensates you for the pain and suffering that you have suffered due to the negligence. The level of compensation you receive for this element will depend on how severe your illness, harm or injury is that was caused by the negligent person’s fault.
The second element is called special damages, which aims to compensate you for any out of pocket losses or expenses you have suffered. This can include losses and expenses such as, loss of earnings, medical expenses and travel expenses.
We will guide you, based on the injuries and losses you have suffered, as to what compensation you should be entitled to in your personal injury claim.
Any personal injuries that you have suffered that were caused by the negligence of another person you may be able to bring a claim for. An accident causing personal injuries can happen anywhere, from a road, to a workplace, to a public place.
Our expertise allows you to obtain the highest possible compensation, whilst ensuring the process is as easy and stress free as possible.
Speak to us, free of charge. Our team of experts will advise you if you have a case and what the next steps are. They will also advise you if Legal Aid or alternative funding may be available.
A full and detailed statement is taken from you and your medical records and documentation are requested. In addition medical evidence is obtained and we will speak to any relevant witnesses.
Your claim is submitted to the defendant and we invite them to accept they are at fault and negotiate with us, so that you can be fairly compensated.
If a suitable offer of compensation is not made by the defendant, then having fully advised you of the merits of your claim, the next step to progress your case is to issue court proceedings.
Even if court proceedings have been issued, claims are often settled before reaching a court hearing. If a satisfactory settlement cannot be reached and your case has to go to hearing, we will provide you with the support, advice and information you need to feel as comfortable as possible.
To present as strong a case as possible we will need as many relevant facts as can be given. We will request this information from you at our first consultation, so that the information is as accurate as possible.
Some of the information we will need includes:
Providing this information will help your solicitor to put forward as strong a case as possible and advise you fully regarding your claim.
You normally have to start a Personal Injury claim in court within three years of the accident or three years from the date you found out that you were injured due to the negligence. There are two exceptions to this time limit:
Legal Aid may be available for your Personal Injury claim. During our Free initial consultation we will advise you as to whether you may be eligible for legal aid or any alternative funding arrangements.
Each claim is different and depends on a number of things, such as whether the defendant accepts they were at fault and the severity of your injury. We aim to try and settle your claim within a few months of obtaining your medical evidence, but more complex cases can take a number of years.
Escola v Coca-Cola
This is a Californian case involving a claimant who was working as a waitress in a restaurant, when a Coca-Cola bottle she was holding in her hand spontaneously exploded, causing a deep 5 inch cut. Coca-Cola tried to defend the claim arguing that they were not in control of the bottle when it exploded. The court found that the defect in the bottle occurred when Coca-Cola made the bottle and awarded the waitress her claim.
Donoghue v Stevenson
This 1932 case set a very important precedent in product liability claims. A woman drank nearly an entire bottle of ginger beer before noticing a dead snail at the bottom. She then became very sick and sued the manufacturer who argued that as the woman did not originally purchase the bottle they owed no duty of care to her. The court however ruled that the company had a duty of care to the ultimate consumer of the ginger beer who was the claimant.
and finally a personal injury claim in Israel against a TV weatherman showing the funnier side of court litigation. The claimant in this case sued a weatherman on the basis he incorrectly forecast the weather causing her to be inappropriately dressed and catching the flu. At McCann Law we cannot say we have experience in weather prediction litigation.
