Caven blog

How does the law distinguish between an accident and negligence?

Many people are confused about the difference between an accident and negligence. The boundary between a blameless accident and an accident that gives rise to a claim for compensation can be seen as blurred. The law, however, does make a distinction.

If you have been injured in an accident that was not your fault and you want to know if you are entitled to personal injury compensation, you are advised to contact a personal injury lawyer. A personal injury lawyer is an expert at detecting when an accident becomes negligence at law.An accident is simply an incident that no-one could possibly foresee and for which it is not appropriate to place blame. Accidents occur when no-one has control over the incident and does not have any responsibility to prevent it. It is not possible to obtain personal injury compensation for an injury sustained as a result of an accident. A personal injury solicitor can assess your injury and the circumstances leading to it and determine if it was caused by an accident.

Negligence is a more complicated concept. It originates from the common law of tort and has a lengthy history of development through the courts. Negligence is essentially an incident that is caused by the act or omission of another person in breach of their duty of care. A duty of care is the duty to avoid acts or omissions that you can reasonably foresee causing an injury to a neighbour.

A duty of care can be owed in common law, such as a doctor’s duty of care towards their patients, or imposed by statute, such as an employer’s duty of care towards the health and safety of their employees. A personal injury lawyer can explain in what contexts a duty of care arises.

In order to receive personal injury compensation for an injury resulting from an accident that was not your fault, your personal injury solicitor will have to prove that the accident was a result of someone else’s negligence and not a mere accident. In addition, they will have to prove that the negligence did in fact cause your injury. This is the principle of causation and is an important part of a negligence claim.

For further legal advice on personal injury compensation claims, you can contact a personal injury lawyer. They will assess your claim and determine if you have a valid claim and are entitled to receive compensation for your injury.

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