As we all know, the word ‘’accident’’ relates to the unintentional actions of others that have the potential to cause hitches to another person. However, one cannot avoid the liability by stating that they didn’t intend to cause harm. As the laws state, the loss of the victim is to be compensated by the liable party. In personal injury law, the loss can be a physical injury, emotional and psychological pain and economic loss due to being unable to work temporarily or permanently. Depending on the situation, this loss can be compensated by the insurer of the other party; as in personal injury laws, insurances for these occasions are mostly compulsory. Either it is an injury that occurs from the negligent actions of a medical professional or due to a motor vehicle accident, the victims are supported throughout the claim.
Possible compensation options for motor vehicle accidents
The laws apply to motor vehicle accidents similarly. However, due to the complex nature of the traffic, the victim’s negligent actions can also make an impact on the compensation while finalising the claim. To give an example; ‘’Person A was driving responsibly without violating the speed limits, signs or the necessary rules such as the following distance and the lane usage regulations.’’ This is a scenario in which the victim is performing his/her civilian duties just as a reasonable person would. However; ‘’Out of nowhere, person B lost the control of his/her vehicle and hit person B whilst speeding and violating the traffic regulations’’ Although person B seems like he/she is entirely at fault –as he is- person A’s lack of personal care can reflect on the amount of insurance payout that is to be awarded. ‘’ Person B hit Person A and is at fault, Person A is suffering injuries that prevent him/her to go to work and maintain his/her life, however, Person A wasn’t wearing his/her seatbelt and the impact pushed him forward, which caused him to break his/her ribs by hitting his/her chest to the steering wheel’’ This is a scenario which the person B, the negligent driver, is at fault. However, the victim can still prevent severe injuries if necessary personal care was taken by them. Person A wasn’t wearing the seatbelt and if he/she did, further damages could be prevented. He/she could prevent hitting the steering wheel and could leave the accident with minor injuries instead of such serious medical conditions. This is called contributory negligence.
Negligence and accidents in public
The duty of care is owed by the businesses to their visitors, customers and consumers. Just as in the duty between a driver to another, the same rules apply in businesses that provide services to the public. Such as a restaurant or an institution. These businesses owe the duty to take care of their visitors’ health conditions. This means, the business will be liable for any harm taken by their visitors. This can be food poisoning, cuts, fractures and any other kind of damage that can cause the visitor/client to suffer loss. Contributory negligence is also important in civil liability. The foreseeability of the accident plays an important role in the conclusion of the claim.
Compensation claims and how the process works
Personal Injury Law might work in a very complicated way and can confuse the claimant. To get over these, it might be a wise choice to work with a compensation lawyer to understand what you can claim for. Clear legal advice is always advantageous as the claimant can be aware of his/her rights.