Basic Information

PERSONAL INJURY CLAIMS – SOME BASIC INFORMATION

Cause of Action

To pursue any personal injury claim, we need to establish a cause of action.  In most cases the claim will be based in ‘negligence’, under the Law of Tort. 

Negligence actions depend on whether or not the proposed Defendant acted in a ‘reasonable’ way, for which there is an objective test in law. 

In addition, the proposed Defendants may also be in breach of ‘statutory duty’, which means they have failed to comply with the requirements of various Acts of Parliament and the Statutes (laws) that arise from them.

If an employee of a company acts negligently in the course of his normal employment, then it is likely that his employer will be liable for his actions.  This is known an ‘vicarious liability’.

Types of Damages

The only remedy (solution) in civil actions, such as a personal injury claim, is damages (compensation).   There are two types of damages, as follows.

Special Damages
These cover the expenses you have been put to or the losses you have suffered, including loss of earnings, which is often a client’s most important and largest loss.  Information under this heading comes from the Claimant’s employer.  Additionally, you may have had to pay taxi fares or other expenses as a result of your injury, which can be claimed under this heading. 

General Damages
These cover damages for pain, suffering and loss of amenity. Loss of amenity is the way in which your lifestyle has changed as a result of your injury, e.g. not being able to continue with your job, or having difficulty with normal household chores.  Information under this heading comes largely from medical evidence.

Quantum
Quantum is the value of the claim.  In real terms, Daniels & Company consider that if a personal injury claim is likely to produce general damages of £1,000 or less, then the claim is more likely to be dealt with by way of arbitration (small claims procedure).  Solicitors can only claim their basic costs from the Defendant if the claim is successful and the general damages exceed £1,000.