The vast majority of back injury claims (and personal injury claims in general) involve proving you were injured through another party’s negligence. There are several parts to this:

  1. The other party must have owed you a ‘duty of care’. This term may call to mind a doctor/patient situation. This is one example where a duty of care would exist but the idea of a duty of care covers other situations. For example, it can cover employers and employees and the duty of road users to take care in relation to others.
  2. They must have failed in their duty of care. This could be because they took certain actions or failed to take appropriate action – anything which meant they did not meet the standards which the law required of them, such as an employer making you carry a heavy weight in contravention of the Manual Handling Regulations.
  3. Their failure must then have caused your injury.

To succeed in your compensation claim, you must prove each of these points. Sometimes, the other party may accept some of the points themselves. For example, they might admit they were at fault for the accident, or they might accept your injury was caused as a result of it.

Once these points are established, you must then prove the amounts of compensation you are claiming are accurate and reasonable. This means supporting them with evidence.

Because you are making the claim, it is for you to prove all of these things. It is not for the other side to disprove them.

This may make the process sound difficult, but Truth Legal’s expert solicitors will guide and support you throughout your claim, ensuring that we instruct the correct medical experts to comment on your injuries. Our advice and effective handling of your claim will ensure it is made as easy as possible.

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