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 South African car hijackers return stolen toddler

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RašytiTemos pavadinimas: Re: South African car hijackers return stolen toddler   Kv. 05 05, 2011 7:44 pm

Making a successful injury compensation claim

In order to make a successful personal injury compensation claim you must have been injured as a direct result of someone or organization’s negligence. This can be something that they have done or failed to do, which as a consequence, causes your injury.

When making a claim you must prove that you were injured and that this was caused by the negligence of another. Establishing negligence requires that you first prove the other party owed you a duty of care.

Duty of care

This concept arises from the need to maintain the safety of members of the public at all times. Without this basic legal principle, injury compensation claims would not be possible. It serves as a legal reminder that we should always behave reasonably and with caution, while taking into account the wellbeing of others. We all owe each other a duty of care at some point in our daily lives. For example - all road users owe each other a duty of care to drive safely; all employers owe a duty of care to their employees to maintain a safe place of work; owners of buildings owe a duty of care to all visitors to take reasonable steps to maintain the premises.

If you have been injured in an accident that wasn’t your fault it is highly probable that the person or organization involved will owe you a duty of care.

The next step in proving your injury claim is to establish that the duty of care was breached by the other party.

Breach of duty

This really is the essential element to bringing a successful injury claim. You may have heard the term: “proving liability”. In essence what this means is, the other party have breached their duty of care owed to you. In order to prove that the other party who owes you a duty of care has breached that duty, you must show that they have acted unreasonably. In most cases, such as driving into the rear of another vehicle, this act or omission will be evidence in itself of a clear breach of duty. In the above example, the driver has been careless and not driven to a reasonable standard, thereby breaching his duty of care owed to the driver in front.

After establishing that a duty of care exists and it has been breached, you must finally prove that you were injured as a result of that breach (commonly known as “negligence”).
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