Accident claims: What is ‘negligence’?

One word that comes up in every personal injury claim is ‘negligence’. It’s an important term. In just about every case, proving negligence is the key to achieving compensation after an accident. It’s also a term that goes both ways.

Negligence is a word that sits in our common language, but it’s important to understand how it applies to legal cases such as accident claims. In Manchester or in the middle of the countryside, negligence is something that has to be proved before the negligent person or organisation can be ordered to pay compensation.

To prove negligence, claimants have to prove that the accused failed to take reasonable care to prevent the accident. It’s understandable enough – if a person suffers a personal injury in Manchester and makes a claim against a local company, that company is going to want to know why they should be held responsible.

The negligence of the non-injured party in the case is only one type of negligence to be considered. When the injured person has contributed to their accident, a defence of contributory negligence may be raised. This means that the injured person may have to defend their actions to prove that they could not have avoided the accident.

Negligence is an area that needs to be carefully considered in personal injury claims. A personal injury solicitor in Manchester or elsewhere will examine potential claims for proof of negligence before proceeding, so it’s a good idea to have an argument for negligence prepared at the very first stages of pursuing a claim.