When do personal injury claims arise?

Brought to you by our friends at Geoffrey Leaver Accident Claims,
Personal Injury Solicitors in Milton Keynes

There are so many different ways in which personal injury claims can arise. This article provides an introduction to some of these.

Road traffic accidents
Sadly one of the most common ways in which a personal injury claim arises is through a road traffic accident caused by someone else's negligence. This might be as a driver, passenger, pedestrian or in some other capacity on the road. A common form of at-fault accident is a rear end shunt which can cause injuries to the passengers in the car which is hit such as whiplash or lower back pain. A key part of a lawyer's armoury when fighting such a case on liability is the simple Highway Code.

Highway accidents
Related to this and another common type of accident is that which happens on the highway. Sometimes this might be covered by the Highways Act 1980 which puts a duty on the Highway Authority to maintain the highway. Issues which arise here might be as to the systems in place by the Highways Authority as well as the records which are kept and the like and whether any defect in the highway could have or should have been picked up and remedied.

Accidents at work
As well as duties which employers may owe to their employees under both contract and at common law the law also adds additional duties in certain circumstances. These often arise from particular regulations of which there are many such as The Provision and Use of Work Equipment Regulations 1998 and the Manual Handling Operations Regulations 1992 (revised in 2002) and The Workplace (Health, Safety and Welfare) Regulations 1992.

Occupiers liability
Occupiers may be liable for accidents on their property both at common law, possibly under contract and also by virtue of the Occupiers Liability Act 1957. This might include, for example, trips or slips in supermarkets and the like. Again issues can revolve around systems and whether defects could and should have been picked up and remedied.

Other types of claims
The above are just some of the types of situation which can give rise to personal injury claims. There are quite a few others such as product liability claims and Animals Act claims. However, the above probably provides a basic introduction to some of the main types which can arise.

No comments: