Help with claiming Compensation for Injuries in a Accident caused by Others

Any accident resulting in injury can potentially have severe consequences for the injured person. In the aftermath of an accident understandably the focus is on obtaining help for the casualty.  It is often a little while later that the true significance of the injuries is recognised.  Life-changing injuries impact not only on the injured person but also on their closest relatives who become responsible for the day-to-day care of their loved one.  If you have the misfortune to have an accident that was no fault of your own which resulted in suffering an injury that has caused major changes to your life you may be entitled to claim compensation from the organisation or person who caused the accident for the subsequent consequences.

If your accident occurred abroad in Italy or Spain, the laws around compensation claims can differ from country to country.  Giambrone’s personal injury team have multi-jurisdictional capacity and have legal expertise, cultural knowledge and rights of audience across various countries.  If your accident did take place abroad sometimes the imperative to get home can result in vital information being overlooked.  Our lawyers in our European offices and our lawyers in our UK offices will work together to assist you.

A claim for compensation can be initiated within a specified period of time from the initial accident and if the consequence of your injury is likely to have considerable effect on your life and earning capacity with the possibility of on-going deterioration but this was unrecognised at the time of your initial treatment, depending on the jurisdiction, a claim can be made from the time the seriousness of the impact resulting from the injury was recognised.  Giambrone’s personal injury team can assist with a whole range of expert opinions, tracing witnesses, medical reports and any other supporting information required.

Navigating through the evidence to prove liability for an accident can be surprisingly complicated in some instances, what appears to be a straightforward matter can sometimes turn into a convoluted muddle of blame, negligence and vicarious liability.  The problem arises where there is more than one area or department within an organisation or more than one person culpable.   Unravelling the responsibility requires specialist knowledge and experience. If an accident is due to another party’s negligence, evidence must be presented to demonstrate the area of liability. If there has been a passage of time before the severity of the injuries was properly understood, this may present a greater, but not impossible, challenge.  Liability for an accident is subject to what is often known as the “but for” test - “but for the other party’s or organisation’s conduct or negligence the accident would not have happened,” this simple principle uncovers the obvious as well as under-lying responsibilities surrounding the cause of an accident. 

The global pandemic has created a whole range of different environments for many people.  The relatively abrupt transformation from the “old normal” to lockdown may mean that risks have not been assessed with the same vigour as they would have been, particularly with regard to working from home, which may expose both individuals to the potential for accidents and businesses to accountability.  It remains to be seen whether coronavirus creates additional liability.

For more information about claiming compensation for personal injury caused by a third party please click here