It is invariably the case that when a client comes to see us at Brydens Lawyers after being involved in an accident that they know that the accident was not their fault and that someone else was responsible. They may not be completely versed in the details necessary to successfully prosecute a claim but they know that they have been wronged.
Fortunately, Brydens Lawyers are the experts in identifying public liability claims and successfully prosecuting same on behalf of those who have been injured through no fault of their own
What is involved in a public liability claim?
The bringing of a personal injury claim is now largely governed by the provisions of the Civil Liability Act 2002. In order to successfully prosecute such a claim a client must prove to the satisfaction of the court:
- That the party whom the client holds responsible for the accident owed a duty of care to the client.
- That the other party breached that duty of care.
- That the breach of that duty caused the client’s injuries or loss.
Proving these things is not as simple as it may sound. To further complicate matters the government has introduced into the Civil Liability Act to provide potential defendants, that is person’s responsible for the accident, with means of trying to avoid responsibility for their actions.
Each case is always dependent on its own facts. The circumstances of the accident must be considered carefully. The relationship between the parties is also of relevance.
Often expert evidence may be required in order to determine whether there is any legal liability on the part of a potential defendant for an accident. For example an expert may be called in to undertake dynamic coefficient of friction testing a floor, such as one that exists in a shopping centre, to determine whether the floor accords with all relevant building codes so far as “slipperiness” is concerned. If the floor does not accord with the relevant building code and a person slips on the floor and is injured then the court may hold the owner or occupier of that shopping centre liable for the injury which has been caused.
What can I claim?
Once the injured person has been able to successfully establish to the satisfaction of the court that the defendant is legally liable for the accident then the injured person is entitled to recover damages for their injuries. The headings under which they can claim damages are as follows:
- Non-economic loss. These are general damages awarded to an injured person for their pain and suffering. There are limits however imposed under the legislation as to what can be recovered for non-economic loss. The legislation provides that if the injury is not assessed as being at least 15% of an extreme case, whereby an extreme case would include quadriplegia, paraplegia or some similarly horrendous injury, then the injured person is not entitled to recover any damages for non-economic loss.
- Past and future medical expenses.
- Past and future wage loss or economic loss.
- The value of gratuitous or commercial domestic assistance subject to meeting certain thresholds as to the level of care provided.
- A contribution towards the legal costs.
Brydens Lawyers are the experts in the prosecution of public liability claims on behalf of innocently injured persons. For the purpose of enquiring as to whether you have any valuable rights to compensation available for your injuries contact Brydens Lawyers.
For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.