Have you been harmed in a medical setting or by a medical professional?
This could be by a General Practitioner, a surgeon, a dentist, a nurse and just about any other type of medical professional out there.
Your harm should not go unnoticed.
If you think you have suffered genuine harm as a result of negligent behaviour by someone that had.a legal duty of care to keep you safe – you could have a case worth pursuing.
This is our speciality.
We help our clients win cases where they have been harmed through no fault of their own when someone had an obligation to keep them safe.
This article is going to focus on how you can actually determine fault.
As you can imagine, when a case starts, what seemed like a clearcut case becomes murky.
The other side do not want to pay out a penny even if they know they are in the wrong and have caused you some sort of harm.
So today we will look at how to prove liability and which things need to be in place in order to prove liability.
Proving liability (who was at fault) is one of the most important things within a personal claim case. Without determining who was at fault you cannot really pin anyone down to collect a compensation claim from.
Again, people are going to duck and dive where they might be at fault and what for.
If you have recently been injured, this article should clear up who was at fault for what.
Who will be the party that actually determines who caused the harm?
Now, who decides who was at fault varies from case to case.
However you can rest assured that any of our clients will have their knowledgeable medical negligence solicitors in London investing the case on behalf of them. We want to gather as much evidence as possible to create a winning case for you.
Sometimes the party (organisation or individual) that has has caused harm to you has liability insurance
In these cases, the responsibility to determine whether payments are made are done so through the insurance company.
The payments might be negotiated and settled out of court or within a court.
Insurance company investigations
If this is the case that the defendant (the party that have caused you harm) has liability insurance – the insurance company will carry out an investigation to try and prove fault.
If fault cannot be agreed by parties then a trial may be forced to happen.
The case will be presented in front of a judge who will then decide who was at fault for the damages.
And how does negligence fit into all of this?
If you do not already know, negligence is acting below an expected standard of care carried out by one person that causes harm to another person.
In order to prove negligence of the other party (medical professional or company), these elements have to be in place to make a successful claim:
Duty of care – there has to be a legal duty of care from the defendant (the medical professional or whoever harmed you in this case) owed to you. For example, a surgeon having the responsibility of keeping you safe while under their operation.
The duty of care to be breached – in the case of the example, the surgeon must have breached the duty of care that they owe to you. So, the surgeon could have come into work intoxicated and slipped with their knife during the operation. As a result, you now have a large cut that will scar up your arm.
Cause – The defendant must have been the cause of your injury. Usually this is obvious who is actually to blame within a case. Clearly, if one surgeon cut you during the operation – this is the person that caused the injury.
Damage – the breach of duty of care must have caused some sort of damage to you. This is also normally pretty easy to distinguish as this is the reason that you want to claim against the defendant. This could be emotional, physical or mental damage. It could also be things like a loss of money, property/possessions or income, travel costs and other future costs.
So as you can see, this process would need to be proved in order to hold someone liable and therefore make a claim against this person.
If you think you have a reasonable claim against these requirements – feel free to get in touch with us. As we said, we can investigate the case and see if you have something worth pursuing. Our winning record is excellent and we can help you too!
For the news this week we wanted to congratulate Tees as being rated one of the best negligence firms. The article details what Tees do well and why they got such a high rating. Largely it looks like the service is deemed to be strong because of their fair attitude, good communication with clients, promptness in response and dedication to their work. Well worth a read if you want an example of how to run a company like this! Props to the team.