Accidents in a public place – frequently asked questions

Do I have a claim for damages following an accident in a public place?

For a claim to be successful, the injured person (the claimant), needs to establish liability against their opponent (the defendant) and prove causation and loss.

My accident happened several months ago, is it too late to make a claim?

No. The victim of an accident in a public place can make a personal injury claim up to two years after the date of the accident.

Who is responsible for my injury?

To establish liability, it is necessary to show that someone else was either fully or partially to blame, for the accident, by way of their negligence or breach of a statutory duty. This will be a matter for your solicitor to assess based on the information and documentation available.

When can I claim?

In order to make a successful claim you must be able to prove that the injury you suffered was as a result of the negligence of another party and that their negligence caused your injury and resulting losses.

What can I claim for?

A claimant must show that they have sustained an injury as a result of the defendant’s negligence and that it was reasonably foreseeable that such an injury would result from this type of incident.

What does no-fault accident mean?

A no-fault accident is one that you were not responsible for causing.

What does contributory negligence mean?

Contributory negligence means that the cause of the accident was partly your fault. The proportion of blame must be decided by the insurers and solicitors involved in the case, whether 50/50, 60/40 or other. If liability is established at 50/50, you would be entitled to claim 50% of the repair and 50% of a personal injury settlement.

If I have an accident that was partly my fault can I claim for the injuries I sustained?

Yes, you are able to claim a proportion of the personal injury damages depending upon your proportion of the blame.

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Had an accident that wasn’t your fault?

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