Tuesday September 7, 2010 at 9:26pm
In this country you will not get personal injury compensation for the fact that the other person was negligent. Compensation will only be given to you for the injury and loss caused by that negligence.
Negligence without any injury will mean no compensation. Therefore, for you to get compensation, you are required to prove that another person’s negligence has caused you injury and loss.
For example, if you are sitting in your car and another car drives into the rear of your vehicle causing you to suffer whiplash injuries in your neck shoulders and back, you will be able to prove that the other driver was negligent and because of his negligence you suffered injuries.
However, if you had previously experienced problems with your neck or back, those problems will be partially responsible for your neck and back pain. It will be necessary to get expert medical opinion to differentiate between your specific problems and their causes.
Following an injury sustained in an accident, you may lose your job. If you have lost your job as a result of the accident, that loss will form part of your compensation claim. But if you were under a final warning at your workplace, it is possible you may have lost your job shortly any way in which case you may not succeed in claiming compensation for loss of employment because your loss was not caused by the accident unless you are able to provide evidence to prove that but for the accident you will have remained in your job.
Proving that the accident was the cause of your injuries and loss is the most difficult part in the process of claiming personal injury. Many people who contact us feel that they are entitled to personal injury compensation because the other person was negligent and has admitted fault. You will not get any compensation unless you can show that the negligence caused you some injury.