Negligence liability

Negligence liability normally rests with the party that owes a duty of care. If there has been a breach of this duty, which has resulted in financial loss, personal injury or otherwise then the negligent party may be liable to pay compensation to the innocent party. For example, drivers owe a duty of care to other road users, in the same way that a medical professional owes a duty of care to their patients. If either the driver or the medical profession is negligent, such as speeding in the case of the driver, then they have breached their duty of care and will be liable to pay compensation if their actions have resulted in injury or loss.

There are some additional factors that have to be taken into consideration before negligence liability can be proved. Firstly, the injury must foreseeable - that is a reasonable person would have seen the potential damage in the circumstances. Secondly, there has to be legal proximity, which is a close relationship between the two parties.

In order to succeed in proving negligence liability you must bring your claim to the court within the relevant limitation period. This is usually either three or six years depending on the duty of care that was involved. Money can be paid to the victim of an accident once negligence liability is proved and it can be based on many factors. These factors can include for pain and suffering, loss of earnings, damage to personal possessions, nursing care, long term loss of amenity and in a fatal accident cases compensation may be paid to the victim's dependants and possibly others.

If you would like to obtain legal advice on negligence liability then Contact Law can put you in touch with a local negligence solicitor free of charge. So, if you have any questions or would like our help in finding local negligence solicitors please call us on 0800 1777 162 or complete the web-form above.