Negligence Claims

This site provides legal advice on how to fund your case and gives useful information on a range of topics concerning negligence claims. There is detailed information on claims against professionals, claims against medical employees and claims against educational providers.

Information is also provided on criminal negligence and contributory negligence to prepare you for your fight to win compensation against negligent parties or if you have been wrongfully accused of negligence, then this site will allow you to see clearly all the options available.

There is also an overview of the history of negligence in UK legislation that is a useful resource for anyone interested in the development of negligence law and the social, historical, religious and cultural contexts that gave it a name.

What is Negligent Behaviour in the Eyes of the Law?

In systems of common law, such as those of England and Wales, the term ‘negligence’ is mostly used in connection with claims for monetary or financial compensation for physical or mental injuries suffered in accidents caused by careless or negligent behaviour on the part of others.

Negligence is not the same as carelessness, because a negligent person may in fact be acting with as much care as they are capable of exercising. Negligence is definable as the opposite of diligence in that it falls short of behaviour that a person could expect from another who would act to protect other people from foreseeable risks.

Through the legal procedure of making personal injury and accident claims, a person who has been injured can show that they were injured as the result of another person’s negligence. They are able to recover damages in the form of compensation from the negligent individual. This compensation can cover any injury or damage caused to the person; physical, mental or financial.

What are the Benefits of Hiring a Negligence Solicitor?

If you feel you have suffered or been involved in an accident that was a result of another’s negligence, you should consult a solicitor to find out if you are entitled to compensation. There are great numbers of specialist solicitors, independent, or belonging to a firm, who would love the opportunity to get you the money you deserve.

It is important that you find a solicitor who specialises in the area of negligence claims that your case falls into. For example, if you want to issue a medical negligence claim because your dentist overlooked the cause of the problem, you want a solicitor who is going to be able to fight for your case with expertise and experience.

Professional Negligence Disputes

Disputes about negligence in professional work environments are not as uncommon as people may think and are usually the result of improper conduct. They are often serious in nature and may result in litigation but it is always better if the dispute is settled prior to court.

It is wise for a client who fears they have been given false advice or have been provided with an inadequate service, that they contact one of our professional negligence dispute solicitors, who is guaranteed to be experienced and knowledgeable in this area.

Important Concepts in Negligence Claims

  • Duty of Care

In England and Wales, people have a duty of care towards each other to ensure that people are protected from risks and injuries that could have been prevented. A duty of care exists between two people when the potential harm is deemed ‘reasonably foreseeable’ to the other person. There must be a close relationship between the two people and it must be fair and reasonable for the duty to exist.

  • Breach of Duty

Once it has been shown that a person had a duty of care towards another person it must be proven that the person has breached or neglected that duty.  A person who causes harm to another by posing risks to other people and their property has breached their duty of care.

  • Burden of Proof

It is essential that the claimant is able to prove the other person’s responsibility in causing the problem and did truly demonstrate negligent behaviour.

Different Types of Negligence Cases

There are different types of negligence claims in the United Kingdom. Each case is different depending on the nature of the complaint, the severity of the incident and who it involves. This page offers you information about different negligence claims and has links to other pages with more detailed information on each type of negligence claim.

Medical Negligence

In a case of medical malpractice or clinical negligence, it is required for the unsatisfied patient to demonstrate their Doctor’s incompetence through evidence. It is important for the judge to be able to compare the case to other Doctors’ proper conduct in order to ascertain whether the case and patient in question deserves compensation. Our solicitors specialise in clinical negligence and have extensive experience in resolving clinical negligence disputes.

Professional Negligence

Professional negligence is definable as the type of negligence claim where a professional person, for instance, a solicitor, a Doctor, or an estate agent, leads you to believe they possess skills appropriate and expected for the specific role, when in actual fact they do not. Issuing a claim against a professional is simple if you find the right solicitor.

Criminal Negligence

Criminal negligence cases vary from case to case. There are minor criminal negligence cases, where an individual has been accused of being reckless to the extent of putting another’s life in danger without serious results. Alternatively, there are more serious negligence cases, such as drunk driving. Criminal negligence cases such as this could result in death and an individual could be charged with gross negligence.

Educational Negligence

Cases in educational negligence are not as common as the above negligence cases. This may be due to the fact that they are more costly and time consuming for both parties. It is desirable for a dispute involving an educational institution to be settled outside of court through a method of alternative dispute resolution (ADR). However, if the individual who feels they have been affected by the educational provider’s negligence, it is advisable to consult a specialist solicitor who will advise and guide you through making a claim.

Contributory Negligence

In a contributory negligence case, the individual who makes the claim for compensation is accused by the other party of being party responsible for the incident in question. This type of negligence case is common in road traffic accidents, where one party does not feel solely responsible for causing the accident.

For more information on any of the above types of negligence claims, please follow the links to each page.