Negligence can cause accidents. When you become injured because the correct safety procedures were not in place, you may bring a claim for compensation against the guilty party. To do this, you will need to prove the other party was negligent towards you.
Personal injury cases depend on your ability to prove that someone else’s negligence is the reason that you became hurt. Although your personal injury lawyer can help you with this, there are parts of proving negligence that you can – and should – do yourself.
This short guide can help you learn how to gather evidence for your own case.
Establishing Negligence in Personal Injury Cases is Vital
Negligence is a vital component of your personal injury case. There are four things you must prove beyond all reasonable doubt in any personal injury compensation claim.
The first thing you must prove evidentially is that the defendant had a duty of care towards you. The second is that they somehow failed in this duty of care or were negligent in those duties. The third is that the defendant’s negligence towards this duty of care is what caused you to become injured. Lastly, you must prove how out of pocket your accident has left you.
In the UK, the court system likes you to prove that the injury you received could have been avoided, if reasonable measures to avoid it were in place.
What are the Four Elements Necessary to Establish Negligence?
There are four main elements in proving negligence. These are establishing a duty of care, showing it has been breached, proving that the injured party was injured due to that breach, and establishing what the damages are.
A solicitor who has knowledge in this area is key, since they have the background experience of relevant personal injury cases to draw from. Contact Lacey Solicitors firm now to speak to an expert personal injury solicitor in Northern Ireland.
Establishing Breach of Duty of Care
To establish negligence, first begin with establishing the breach of duty. To do this, we look towards the owner of the location you became injured within. This might be your workplace, on the street, or in a supermarket.
We then establish that while you were at work (Health and Safety at Work Act 1978), on the street, or in the supermarket, that the owner or management of that location had a duty of care towards you. This duty of care simply assures that no foreseeable harm will come to you, while you are on their property.
Once we have established that the person responsible for the location you became injured within was responsible for your wellbeing during that moment, you can move on to finding the negligence which caused the accident.
Tips for Gathering Evidence That Negligence Caused an Accident
In personal injury cases in Northern Ireland the burden of proof lies with the claimant. To prove you were injured, gather as much evidence as you can.
You can gather evidence of negligence through:
- Producing any contracts you had with the responsible party
- Taking pictures of the area where the accident occurred
- Taking pictures of any other relevant areas
- Speaking to witnesses through public appeals
- Keeping a video diary of your injuries and recovery
- Taking pictures of your injuries and recovery
- Keeping a written journal will also help prove your level of pain and suffering
Further Help and Advice to Start a Negligence Claim
The best thing you can do to begin your claim after an injury at work, in public, or in a private location, is to hire a personal injury solicitor. You can call Lacey Solicitors firm to deal with industrial disease claims, catastrophic injury cases, and any potential claims surrounding personal injury law in Ireland, Northern Ireland, and the UK. You can also read this article about Medical Negligence Claims in Northern Ireland for more key information.
Call +44 28 9089 6540 to speak to our Belfast office today.
