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What is required to prove negligence in order that a successful injury compensation claim can be made?
What is required to prove negligence so a successful injury compensation claim can be made?
Before a successful case can be brought, four essential steps must be taken to prove negligence:
- The defendant must be identified: the person or organisation responsible for your accident.
- It must be established that the defendant is owed a duty of care. The law requires that people act with reasonable car towards each other. A duty of care need not imply a relationship. For example a motorist owes a duty of care to other road users and pedestrians.
- It must be proved that the defendant breached that duty of care. Just because an injury was incurred does not necessarily imply responsibility: the injured person must have been exposed to a forseeable risk which could reasonably have been avoided.
- It must be proved that the injuries and loss occurred as a result of the breach of that duty of care.
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