Frequently Asked Questions

Question

Accident at work. How can you prove your employer has been negligent?

Answer

Employers have a duty of care to ensure that the safety and wellbeing of their employees is protected. This means that whatever the work environment, if there is a risk of injury or death, reasonable precautions must be taken to avoid an accident occurring. If it can be proven that a duty of care was breached and the resulting outcome caused physical, emotional or financial loss, a case can be pursued for damages.

For a claim of employer´s liability to be successful, the person claiming that an employer acted negligently, the plaintiff must prove that a breach of duty caused harm and that the damage could have been avoided had the employer made provisions to prevent the likelihood of an accident. It must also be proved that it was reasonably foreseeable that such an accident might occur.

Question

When can you claim damages for personal injury?

Answer

If you are injured in an accident that is not your fault, there may be a good chance you can claim damages for pain and suffering, loss of earnings and medical care. In serious accidents you can also claim loss of future earnings, nursing care and a number of other factors that may cause you financial loss. At HH Legal, we deal with all aspects of personal injury including clinical negligence. We are fortunate in that one of our consulting barristers is also a qualified doctor

The first thing to consider in a personal injury case is who is liable for the accident and whether it could have been avoided. The first part to this question is often straightforward – although it depends on the nature of the accident and whether witnesses were present. For example, it is not unusual for Road Traffic Accidents to have two sides to the story because the party at fault is not prepared to admit they caused the accident.

The question to consider is whether the accident could have been reasonably avoided. The test for this is whether it was reasonably foreseeable that an accident could occur and whether preventative steps could have been taken by either party. Sometimes the plaintiff can partially be to blame. This second part may have an effect on the amount of damages that are awarded.