Knowing how to prove negligence and how much compensation can be owed starts with certain criteria. You need to demonstrate the following:
- That a duty of care protected you at the moment of injury.
- The duty of care was breached in some way by a responisble party.
- You can prove this causation.
- And you suffered actual harm.
With these four key criteria in place, the person could have a valid compensation claim for negligence. We will explore each of these points in more detail below.
Proving negligence in compensation claims may seem complex so you might benefit from the help of a solicitor from our panel. Find out more by calling our advisors on 0800 408 7826. Contact us to submit a negligence claim enquiry today. You can also speak to a real person in the dialogue box below.
Frequently Asked Questions
- Establishing A Duty Of Care
- What Is Needed To Prove A Breach Of Duty?
- How Can I Prove Causation?
- What Evidence Do I Need To Prove Damages?
- How Can A Solicitor Help Me Prove Negligence?
- Get Help From How Much Compensation
- Learn More
Establishing A Duty Of Care
A duty of care is established by looking at legislation. In certain areas, there are laws that place an obligation on others to reasonably protect you from harm. Situations in which you are owed a duty of care include:
- The Health and Safety at Work etc Act 1974 (HASAWA) which requires employers to take reasonable steps to ensure the safety of their staff while working.
- The Occupiers’ Liability Act 1957 which places a duty of care on those in control of areas open to the public to ensure their reasonable safety.
- The Road Traffic Act 1988 and the Highway Code set out how motorists and all other road users can comply with their general duty of care not to cause harm or damage while on the roads.
- A range of legislation and regulations apply to healthcare professions to avoid causing unnecessary or avoidable harm to patients. An example is the professional standards laid out by the General Medical Council (GMC).
If you are unsure how to establish the correct duty of care that was in place when you were harmed, speak to our advisory team for free guidance.
What Is Needed To Prove A Breach Of Duty?
To prove a breach of duty of care, courts consider the following:
- Was there an obvious risk? (foreseeable consequence of harm).
- How serious could the injury have been? (magnitude of risk).
- Could simple steps have prevented the harm? (practicality of precaution).
- Is expert testimony needed to clarify?
An example could be an employer who fails to maintain workplace equipment and a worker suffers injury as a result. This could amount to a breach in the duty of care in the workplace. Please call to discuss your case.
How Can I Prove Causation?
Once duty of care has been established, a claim needs to prove that the defendant’s conduct directly caused the injury or loss. This is called causation and courts typically apply the ‘but for’ test to determine this (i.e. but for the defendant’s actions, would the injury have occurred?). If the answer is ‘no’ then causation is established. Key principles in proving this are:
- Direct link: Can you show that your injuries were a foreseeable result of the breach?
- Medical evidence: Does an independent medical report confirm that injury was caused or worsened by the defendant’s actions?
To discuss third-party causation after failing to meet their duty of care, speak to our advisors now.
What Evidence Do I Need To Prove Damages?
The evidence you need to prove a compensation claim for general and special damages includes the following:
- Photos of the soft tissue injuries and the cause.
- CCTV, dashcam footage or mobile phone film.
- Medical records detailing the injuries and prognosis, as well as psychological damage, (for example PTSD).
- The vehicle make, model and registration if injury was caused in a road traffic accident.
- A copy from any accident book kept for health and safety at work.
- Witness contact details.
If you would like guidance on gathering evidence with the help of a solicitor from our panel, please contact our advisors who are happy to help. Or check out our legal glossary for helpful information.
How Can A Solicitor Help Me Prove Negligence?
At How Much Compensation, our panel of solicitors can guide you through the entire claims process. You can expect dedicated and tailored services such as:
- Help to collect evidence of the duty of care breach.
- A detailed assessment of your claim and calculation of compensation.
- Advice on the best time to settle.
- Access to medical treatments and rehabilitation.
- Regular updates about your claim and explanations of any complex legal jargon.
There are other excellent legal services on offer, so please call to discover more.
Get Help From How Much Compensation
If the case qualifies, you could get help to start your claim for negligence with us. Our panel of solicitors can offer their services through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Working this way means:
- No upfront solicitors’ fees apply.
- No solicitors’ fees apply if the claim fails.
- There is no need to pay solicitor’s fees as the claim advances.
If your negligence compensation claim succeeds, a nominal percentage amount is paid to the solicitor as a success fee. This percentage is kept under a legal ceiling by a law called the Conditional Fee Agreements Order 2013. You will receive the majority of any compensation awarded and benefit from expert legal representation throughout.
Interested in learning more? Start by speaking to our advisors:
Contact Our Team Of Advisors
- Ring us on 0800 408 7826.
- Or contact us to submit a claim enquiry.
- You can also speak to a real person in the dialogue box below.
Learn More
In addition to this guide, you might find the following resources useful:
- This guide looks at dental negligence claims.
- Here we explore medical negligence claims.
- Also, read about serious injury claims.
External resources
- Here is guidance on reporting a health and safety issue at work.
- Read about getting copies of medical records.
- Also, requesting CCTV footage as evidence.
In conclusion, we hope you found this guide on how to prove negligence useful and please connect for any more help.
