Depending on the type of accident which has caused your serious injury, your Solicitor will be particularly interested in any evidence you have to prove your case. As the Claimant, the burden of proving the other party is at fault rests with you.
Evidence is usually gathered at the scene of the accident so, for an RTA for example the police report, photographs, details of vehicle damage and witness details are usually crucial. Equally for any other type of serious accident, witnesses will usually be vital as well as photographs or documentary evidence.
If you do not have access to this evidence, your solicitor will set about gathering evidence and speaking to witnesses on your behalf. The solicitor is building up the evidence which will be used to prove that the other party is at fault. Liability is not always admitted so for cases where there is a dispute as to who is at fault, your solicitor will seek to obtain the necessary evidence to prove the case.
There a several hurdles to overcome to prove the case. The first is to prove that the party at fault owed you a duty of care. There are some scenarios where this will have already been established due to legislation or previously decided cases such as an accident at work. An employer will usually be found to have owed the employee a duty of care. i.e. a duty to ensure they are safe whilst at work. It then has to be proven that the alleged party at fault breached the duty of care i.e. that they failed to keep the employee safe. This is more difficult to prove and will be dependent on the facts of the case. The test the Defendant is expected to meet is the standard of a “reasonable person”. The injury sustained and losses flowing from the breach must be reasonably foreseeable and must be have caused by the breach.
If the solicitor has enough evidence to prove all of the above then the claim is likely to be successful however if there is a dispute as to liability, the Court will decide whether the claim will be successful.
If the claim is successful, the Claimant will be awarded Damages. For more information, see our Guide on Damages.
If you or a loved one have been involved in an accident resulting in a serious injury, contact one of our experts at Maxwell Hodge Solicitors to see how we can help guide you through this difficult time.