in this video I want to take a look at five questions that you're going to be
absolutely you're gonna need to be clear on if you're bringing a personal injury
claim so these five issues these five questions you need to be clear as a bell
firstly number on how the accident occurred you gonna need clarity and
you're gonna need that for the injuries board and for the exams when personal
injury summons if one is necessary and subsequently in court so you need to be
clear on the narrative you need to be clear on exactly what happened so that
there's no confusion later on it's easy to in a stressful situation particularly
if you're suffering from shock to forget details or overlooked things so making
notes making a record a written record as soon as you can
or indeed an oral record with your mobile phone as soon as you can could be
very very useful later on just to fill in the blanks in your memory
particularly as I say if you've suffered from shock and some parts of your
recollection of what happened are not clear second thing what were the acts of
negligence so in order to win a personal injury claim you need to show that
you've suffered a loss suffered injury or damage as a result of somebody else's
negligence it's not enough that's just merely an
accident or an act of God you need to show that somebody whose negligence
negligent and therefore somebody else is liable for your injuries and liable to
compensate you from a legal perspective legal negligence requires that you need
to show four things one a duty of care by the wrongdoers or the person did you
claim is responsible for your injuries and your loss
how did a duty of care to you number two you must show failure on their part to
discharge that duty number three you must sure you suffered loss or damage as
a result this may be just material damage or it could be material damage
and a personal injury and number four you need to establish
causation that is that the person's actions caused your loss or damage so
that is the second thing you need to be absolutely clear on if you're bringing a
claim for personal injuries the third thing is who did you report the accident
to if we regard the car crash where the Guardian called if it was an employment
context and your claim is based on the negligence of the employer for example
do you report the incident or the accident to a manager or supervisor or
to your employer the fourth thing you need to be clear about these witnesses
what's there are any witnesses to the accident or incident have you names and
addresses of those witnesses they may prove very very useful later on to prove
the facts of your case and to prove the facts which give rise to you suffering
an injury finally number five what's your loss so is it damage material
damage only or is there a personal injury as well you're gonna need a
medical report to support the personal injury claim you're gonna need a
guarantor material damage to your car you're gonna have to look at the
question of loss of earnings out-of-pocket expenses so you know
physiotherapy and medicines doctor's bills doctor's appointments specialist
x-rays or anything of that nature where you have to pay yourself you should keep
a record keep notes keep the receipts keep proof of payment of all of these
things because ultimately if you're successful you would be entitled to
those out-of-pocket expenses which are called special damages in addition you
may be awarded general damages in that those general damages are for pain and
suffering that you've suffered as a result of the personal injury that you
suffered and that will be very much dependent upon the medical evidence the
medical report so in conclusion you need to consider making contemporaneous notes
to allow you to be clear and recollect exactly what happened
you may have suffered from some shock at the time of the accident and in the
moment of panic you know it may make it more difficult for you to call later on
exactly what happened and the sequence of events and so on so you going to be
if you can remember to make an Eppendorf make a record and actually need five
questions then before we actually made a train money hurt through the injuries
board for example or before you go to a solicitor it'll allow you to see the
strengths and weaknesses in your case clearly you should be leaving it to the
professional to a solicitor afterwards to assess the strength of your case but
certainly having clarity about these five issues these five questions will
help you I hope you find it useful if you do give it a thumbs up down below
and you might be interested in subscribing to my youtube channel if you
are interested just subscribe down below or on YouTube thanks a lot