Human Rights Comment are committed to making information about legal rights and entitlements straightforward and easy to understand. In our latest update, we will be exploring the rights that you have in relation to accidents and personal injury.
Anyone who has been injured in an accident that was not their fault has a legal right to make a claim.
Many people worry about whether they have a legal entitlement to make a claim, but there is quite a straightforward test. Have you suffered an injury that was caused by the negligence of someone else?
If a person owes a duty of care to you, they breach that duty of care and you suffer an injury because of this breach, then you will likely have the legal right to make a claim against them.
It is important to note that, under UK personal injury law, you will not have a claim against someone if they owed you a duty of care, breached that duty of care but no injury resulted of that breach. For example, if an employer was to breach their duty of care towards their employees there might be a high risk an employee will suffer an injury. However, the threat of an injury occurring is not enough to make a personal injury claim. There must be an injury caused for a personal injury claim to be made.
The claim is made against the person or organisation that was responsible for the injury.
A spokesperson from Personal Injury Solicitors Leeds commented, “Unfortunately, many people are unaware of their legal rights and do not get the compensation they deserve for their accident and injuries.”
In most cases, a personal injury claim must be launched within three years of the accident taking place. There are only a few exceptions to this rule, such as people who were injured when they were under the age of 18 or when they are suffering from an asbestos related injury.
If you have suffered an injury that was not your fault, the best course of action is to contact a personal injury lawyer for advice and assistance.