As a large proportion of us have to (or are entitled to) make a personal injury claim at some point throughout our lives, when we look at the statistics on a high level, it can lead to a lot of questions being asked.
Throw into the equation the stories you read about compensation being paid out on seemingly trivial incidents or incidents that could so easily have been avoided with a little foresight and it’s no surprise that questions are raised around how much onus is on the individual to prevent such claims being made.
But whilst we fully understand that some claims can seem a little confusing (or even ludicrous) on the surface and that they may have been able to have been avoided with a little common sense in some situations, the fact is they happened, the individual suffered injury due to something that ultimately wasn’t their own fault and therefore they’re entitled to compensation.
Take an incident that happened south of the border in the town of Stockton – on – Tees recently. With the High Street currently being revamped, new pavement has been laid to improve the look, feel and experience of the High Street.
However, as the design of the pavement has changed, it has led some residents to mis-judge the area and they’ve failed to see the slight curb, falling and injuring themselves as a result.
With several reported injuries as a result of the new pavement, this is just one example, but it gives a great insight into how, yes, taking your time may prevent an accident from happening, but that accidents do happen that weren’t your fault and as a result, compensation may be due.
The fact is, as humans we do have a right to act reasonably and responsibly in all parts of life, but we aren’t expected to essentially carry out a risk assessment on every move we make, whether it’s walking through the local town or cycling on a country lane.
It is important to understand that in some instances, compensation isn’t due as there’s no one to blame for an incident happening. However, our knowledge and experience has given us an understanding that more often than not, when an accident occurs, someone is at fault – irrelevant of whether you’ve used ‘common sense’ or not – and because of this, the person injured is rightfully entitled to claim for some level of compensation.