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Under what circumstances can a claim for injury compensation be made

There must be negligence on the part of another - either a company or an individual - before compensation can be claimed. The old saying - if there is blame, there may be a claim - applies.

An injury may be psychological or physical, so you may be able to get compensation for distress or upset after an accident as well as for a physical injury.

You can only claim compensation for an injury if a person, company or some other organisation is at least partly to blame. You will not be eligible for compensation if the accident is deemed to be wholly your own fault. If the accident was only partially your fault then a claim may still be possible.

If you want a fair and independent assessment of the likelihood of your claim's success, outline the circumstances to our legal team.

For a claim to succeed, another person or organisation must have been careless about the way something was:

  • done;

  • not done, when it should have been; or

  • made or repaired.

If the person or organisation was careless ('negligent'), you will be eligible for compensation proportional to the injury you have suffered.

A personal injury can happen, for example:

  • at work;

  • in a road accident;

  • because of a faulty product;

  • because you tripped on a paving stone or slipped on a wet floor;

  • because of a mistake during medical treatment ; or

  • an injury sustained by a victim in the course of a crime

Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.


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by Conrad Murray last modified 2007-05-20 10:14

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