According to the NHS, the three most common causes of head injury in the UK are falls, assaults and road traffic accidents. Industrial accidents (i.e., those which occur in the workplace) account for a significant proportion of head injuries caused by falls from height.
Employers in the UK are subject to strict laws on health and safety, but sometimes mistakes are made regardless of whatever safety measures may have been implemented. Negligent companies may be prosecuted by the Health and Safety Executive, but it is the common law that provides accident victims with an opportunity to receive compensation for their injuries. But what can people expect when making a head injury compensation claim?
Justice
The concept of justice is not evident in all legal cases. The legal system of England and Wales is based on principles of natural justice and the rule of law, but more often than not the courts operate in a way that might be described as procedural. Justice is not about procedure, but procedure is necessary to uphold the law. As such, any notion of justice ought to be dispelled immediately. As confirmed by some of the country’s leading head injury compensation experts, making a negligence claim is about receiving sufficient compensation, not justice. Punishment is not a relevant factor and the law cannot restore the claimant’s former position (as it would seek to do in other cases, such as those involving contractual disputes). Compensation is the only form of justice available to the courts.
Accident victims should, therefore, focus on the legal battle with the aim of securing sufficient compensation. In England and Wales, the claimant must be able to establish that the defendant acted, or failed to act, in a way that was negligent. Solicitors are able to brief clients on every aspect of the claims process and many cases are settled out of court. Contested cases must pass a number of legal tests, including those pertaining to proximity, causation and foreseeability. Though an understanding of the law on negligence is not necessary, claimants should prepare themselves for the legal process.
Details
Head injury compensation claims often hinge on the details. All prospective claimants should realise this, as details, or lack thereof, can affect how much compensation (if any) might be awarded. The claimant, or his guardian or legal representative, should make every effort to find out exactly what caused the injury. In the workplace, this would mean talking to employees who may have witnessed the accident or identified the hazard that led to the incident (e.g., an unsafe ladder). On the high street, this could mean talking to eyewitnesses or obtaining CCTV footage of the accident under the Freedom of Information Act 2000. All times and dates must be noted. A copy of medical records must be retained.
If sufficient details are recorded and liability can be established easily, accident victims can expect an early settlement; however, if liability is contested or the injuries sustained are especially severe, a case can take many months to settle.