Non Fault Accident Claims
Accidents are a part of everyday life and some accidents cannot be avoided. In many cases, however, the accident you have suffered was as a direct result of someone else’s carelessness or negligence. If you believe that someone else should have taken steps to prevent or minimise the seriousness (this is also known as mitigating) of your accident, you may be able to make a claim for compensation.
Compensation, in personal injury cases, is there to try to get you back to the state you would have been in had your non fault accident not occurred. This means that you should have all of your expenses associated with the accident and your rehabilitation covered and that you are also compensated for any loss of earnings or loss of potential future earnings if you have to change your job as a result of your injury.
We know that money will never make up for the pain and suffering you experience as a result of a non fault accident, but a portion of the compensation you will receive is there to acknowledge what you have experienced and to start to put things right.
If you have had a non fault accident and you think that you might be able to make a claim, call us on 0121 565 4317 or use our free online claims form to arrange a free, no obligation consultation. Our highly experienced team of personal injury solicitors will discuss your case with you and offer you the best possible expert advice.
What Does A Non Fault Accident Claim Mean?
A non fault accident claim is a compensation claim for personal injury that occurs following an accident that you were not responsible for. You are only able to make a claim if there was someone else who was responsible for preventing your accident or for looking after your safety. Examples of non fault accidents include:
- Accidents At Work
Everyone is entitled to be safe in the workplace and your employer has a statutory duty of care. This means that they are legally required to look after your health and safety, removing risks that might lead you to have an accident and suffer an injury and also providing safety equipment and first aid trained staff and first aid supplies as well as personal protective equipment (PPE) to make any accidents and injuries that do occur as minor as possible. If your employer is not taking your safety seriously enough, you are highly likely to be able to bring a compensation claim if you have been injured at the workplace or as a result of your job. Examples of accidents at work include:
- Falls From A Height
This could be from scaffolding or a ladder, or just from an insufficiently marked and protected ledge or drop. It is the responsibility of your employer to provide you with adequate and well-maintained equipment, to provide railings if there is a risk of a fall and also to ensure that you have all the training and support you need to do your job. If there are insufficient staff to hold the bottom of a ladder you are using, for example, your employer would be liable (the legal term for being to blame) for any fall you might have.
- Injuries From Faulty Machinery
Working with machinery can be hazardous, requiring care and attention to maintain the safety of yourself and those around you. Your employer is still responsible for keeping you safe, however. If the machinery is not well maintained, if you have not been given sufficient training regarding how to use it safely or if any protective equipment or safeguards are missing, for example, any resulting accident may be the responsibility of your employer. In these circumstances, you would be able to make a non fault personal injury accident claim.
Many workplaces involve working with hot materials, for example much machinery, motor mechanics and those working in kitchens. If your employer has not provided you with personal protective equipment and training to ensure that you are able to negotiate these hazards safely, they would be considered at fault in your accident and injury.
- Falls From A Height
- Road Traffic Accidents
Most of us are able to travel daily on the roads without suffering any problems at all. When road traffic accidents do occur, however, they are usually due to someone’s carelessness, lack of attention or poor judgement. If you have been in a road traffic accident and the other person was at fault for the accident, you are entitled to claim compensation for your injuries. This is true no matter what kind of road user you are. These could include:
- Car or taxi driver
- Passenger in a car or taxi
- Bus driver or passenger
- Slips, Trips Or Falls
Some slips, trips or falls are pure accidents, not the result of negligence on anyone’s part. Others, however, are due to poor maintenance of the pavement or other grounds or due to a slip on a wet or slippery surface that was not adequately marked. Everyone who invites or permits the general public into a space that they own and control, whether this is a council-run park, a supermarket or a cinema for example, is responsible for making sure that the public are kept safe. This means that paths should be well maintained with level surfaces wherever possible. If it is not possible to keep surfaces flat, it may be necessary to erect signs to inform members of the public to take additional care to avoid accidents. If insufficient care is taken to maintain the surfaces and you trip and fall as a result, you may be entitled to make a non fault accident claim for compensation. The same is true if trip hazards are not cleared away promptly or clearly marked and if spills or other slippery surfaces do not have warning signs and are rectified promptly.
This list is not exhaustive, so do not worry if your accident is not included. If you have been injured in an accident that wasn’t your fault, call us on 0121 565 4317 or use our online claims form to find out whether you may be able to bring a non fault accident claim.
How Do I Start A Non Fault Accident Claim?
Making a non fault accident claim is easy. The first step is to call us on 0121 565 4317 or use our online claims form to arrange a free, no obligation consultation. We will take the opportunity to listen to you and ensure that we understand the details of your claim. We will be looking for three types of information:
- The Circumstances Of Your Accident
We recognise that it may be difficult to talk about the non fault accident that you have experienced. It is important that we understand exactly what happened to you, however, as we need to be sure that we will be able to gather enough evidence to put forward a strong case for who is to blame. Our friendly, experienced team of personal injury solicitors will listen carefully and provide you with a safe space to explain confidentially what has happened.
- The Extent Of Your Injuries
It is important that we talk though the injuries you have sustained, as this will form a significant proportion of the compensation you will be eligible for. We may ask about things that seem unrelated to what you have told us so far. This is because our years of experience mean that we are aware of common additional injuries that you may be unaware are related to your accident. Examples of this could be that you report headaches following a fall in which you struck your head, but we ask you about changes in your mood and personality, particularly with regard to risk-taking behaviour. This is because many clients did not realise that changes to their mood were a consequence of their head injury. Our expertise means that you can be sure that you are getting the full compensation you deserve.
How It Impacted You
The ways in which your non fault accident and injuries have impacted your life. It is important that we understand what you used to be able to do that is now no longer possible for you following your non fault accident. We will be able to claim for compensation for many of these issues, including loss of earnings if you are not able to work while you recover, loss of future earnings if your non fault accident and injuries mean that you are no longer able to carry out the same job that you used to, any adaptations you may have to make to your home or transport, for example buying an automatic car if leg injuries mean that you might no longer be safe driving a manual transmission.
Why Us For Non Fault Accident Claims?
Once we have talked though what happened to you and made sure that we understand your unique case, we will also discuss the option of making your claim on a no win no fee basis. If you make your non fault accident claim on a no win no fee basis, it means that you do not need to pay anything up front, allowing more people to access justice for the accidents that they have suffered. It also means that you do not risk being left out of pocket, either by losing your case or by legal fees exceeding the compensation you have been awarded. We cap our fees at a percentage of your payment, meaning that you are always left better off as a result of your successful non fault accident claim.
If you think that you might be able to make a claim for a non fault accident, call us now on 0121 565 4317 or use our online claims form.