Liability After a Serious Injury
Establishing liability is the first and most critical step in any serious injury claim. It is the process of proving that another party was legally responsible for the incident that caused the injury.
Without a clear admission or proof of liability, the rehabilitation journey can be significantly delayed, as funding for private treatment often relies on the defendant\'s insurers acknowledging responsibility.
The Duty of Care
In law, most serious injury cases are based on the concept of negligence. To prove negligence, we must show that the defendant owed you a duty of care, that they breached that duty, and that their breach caused your injuries.
Duties of care exist in many settings, including on the roads, in the workplace, and in medical environments. Proving a breach requiring careful investigation of evidence, expert testimony, and legal precedent.
Contributory Negligence
Sometimes, a defendant may argue that the injured person was partly responsible for their own injuries. This is known as contributory negligence. If proven, it can lead to a percentage reduction in the final compensation amount. Liability may be divided, such as 70/30, 75/25 or 60/40 or 50/50, where both parties contributed to the incident. This can happen in road‑traffic collisions, workplace accidents or public‑place incidents.
Common examples include not wearing a seatbelt or a helmet. I work to ensure that any arguments for contributory negligence are fair, evidence-based, and do not unfairly penalise the client for the mistakes of others.
Strict Liability for Deliberate Acts
Where harm is caused deliberately, such as an assault or intentional collision, civil law applies strict liability. The injured person does not need to prove negligence. If the offender is unknown or uninsured, the Criminal Injuries Compensation Authority (CICA) may apply.
Evidence Gathering
Building a strong case for liability involves gathering diverse and robust evidence. This process starts as early as possible after the injury occurs.
- Police or accident reports
- Witness statements and contact details
- CCTV or dashcam footage
- Expert reports from accident reconstruction specialists
- Workplace health and safety records
Why Early Evidence Matters
Strong serious‑injury claims rely on early, accurate evidence: CCTV, witness statements, emergency‑service records, forensic analysis, digital data and photographs of the scene. Early evidence strengthens liability and protects against later challenges.
CCTV and Digital Evidence
CCTV, dash‑cam footage, mobile‑phone data, GPS and doorbell cameras often provide decisive evidence. Footage is frequently deleted within days, so early capture is essential.
Emergency‑Service and Medical Records
Paramedic notes, ambulance logs, A&E triage records and police incident reports contain contemporaneous accounts. Courts place significant weight on these records because they are created immediately after the incident.
Witness Statements
Witness evidence is crucial. Statements should be taken early because memory fades, witnesses become harder to trace and sympathy may reduce over time. Early statements preserve what was seen, heard and said at the scene, including any admissions.
Forensic Collision Investigation
In serious road‑traffic incidents, forensic collision investigators analyse speed, braking, impact angles, visibility, road conditions and telematics data. Their reports help establish what really happened. These experts should be instructed early, before insurers retain them.
Forensic Medical and Biomechanical Evidence
Experts assess whether the injuries match the mechanism of the incident. They examine injury patterns, force of impact and human factors. This evidence supports the injured person’s account and helps rebut allegations of exaggeration or dishonesty.
Criminal Proceedings
Some cases involve criminal investigations. Solicitors may liaise with police, obtain body‑worn camera footage, gather prosecution evidence and attend hearings. Civil claims can succeed even if criminal charges fail because the civil burden of proof is lower.
Inquests
In fatal cases, inquests examine how the death occurred and what contributed to it. Evidence from inquests often forms the foundation of the civil claim.
Fundamental Dishonesty
Insurers may allege fundamental dishonesty to reduce or strike out a claim. Early, accurate evidence—CCTV, witness statements, emergency‑service records and forensic reports—protects against these allegations.
Surveillance
Insurers may use surveillance to challenge credibility. Strong early evidence protects against misinterpretation and helps ensure surveillance is viewed in context.
The Role of Interim Payments
Once liability is admitted, even partially, I can apply for interim payments. These are crucial advanced payments from the final compensation that fund immediate rehabilitation, adaptions, and financial stability for the family.
My goal is always to secure these payments early to ensure that rehabilitation starts without delay, giving the injured person the best possible chance at a successful recovery.