What You Need to Consider If You've Been Injured Through No Fault of Your Own
Most people understand that when they are out and about they need to take care and try to avoid any misfortune. Yet even when they are doing their best, sometimes an accident can occur through no fault of their own. If you find yourself in this situation and have been injured either in a public place or when you were legitimately visiting private property, what rights do you have?
Public or Private
A number of different items of legislation cover the responsibility of public authorities or private businesses in situations like this. It doesn't matter whether you were walking along a public street or visiting a shop, those responsible have to maintain the facility properly to give you safe passage.
You can claim compensation against those who are responsible if you've been injured, and in most cases, public liability insurance will be helping to meet the obligations. This type of insurance needs to be maintained by the proprietors so that any claims of compensation can be met and damages paid.
Public liability insurance covers a lot of different risks. For example, you could have been injured as you slipped and fell due to a wet floor, a broken pavement or other negligent acts by the property owner. If they failed to warn you of an increased risk (such as a wet entranceway following a sudden shower outside), then you can go after them should you fall and injure yourself.
You may also be able to claim against a restaurant if you picked up a bout of food poisoning from food that was not properly prepared. You can also claim against an individual that may own an animal that attacked you when it should have been restrained. You may have been unlucky enough to come across a belligerent individual in the street, and an attack left you with injuries. In this case, you can bring a claim against this person even though they may have to pay you from their own funds rather than insurance coverage.
How Is Compensation Decided?
Many different factors may go into deciding just how much compensation you will actually receive. You will need to be very clear about the losses you suffered based on disability, pain or direct expenses. You might be able to claim for loss of earnings in the future if your injuries were particularly onerous. Also, an agreement may be made to pay you out in instalments rather than in a lump sum.
How to Proceed
While the law is very clear about liability, risk and compensation, it's also been modified recently to try and limit the number of frivolous claims that are made from time to time. Consequently, you need to present your case strongly and should get a qualified personal injury lawyer in your corner to help you lay it all out.