Accidents in the Public Domain

by Criminal Defence Blawg on November 14, 2012

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Guest post regarding accidents in the public domain and criminal liability.

Accidents in public are commonplace, but is anyone criminally liable for the damages? Slips and trips are the most common accidents in public places and you can claim personal injury compensation through any good injury lawyers.

If you intend to make a personal injury claim against a commercial business or local authority; you must be able to prove that the accident was the fault of another party, and that you have suffered injury, trauma or loss as a result of the accident.

By claiming personal injury, you are entitled to claim for compensation for the injuries and trauma (mental or physical). Loss of earnings and medical expenses, including any ongoing treatment costs, can also be claimed if you require such care and have had to miss work as a result of your injuries.

Gather Evidence

If you are in a public setting, it is important to secure hard evidence of your injury in that location. If you are injured in a quiet street for instance, there may be no witnesses to support your claim. In this case, you will need other evidence, such as photographic proof, of what caused the accident. Make sure photographs are time stamped and if there are witnesses present then take their details and ask if they’d be willing to provide a short statement detailing what they saw.

Civil Lawsuits

Accident injury claims are usually civil lawsuits designed to extract any lost wages and medical expenses via a company’s liability insurance. It is very rare for the company or local authority to be found as criminally negligent as they enforce health and safety policies to reasonably assure your safety.

In order for any company to be criminally negligent for personal injury claims, it must be proven that the company purposefully ignored their health and safety responsibilities, with no intention of taking action against the problem in the prescribed time.

Criminal Charges

Criminal charges that usually accompany personal injury claims are charges of assault, if the injuries were caused deliberately. If you can prove malevolence toward you in a public place, there will be a criminal assault charge added to your injury claim against your aggressor.

Assault charges at work are usually claimed by police officers, nightclub bouncers, or public venue staff where injuries can be sustained through violence brought on by drunken patrons. In these cases, the assault charge would be brought against the aggressor but the injury claim would be paid by the employer’s public liability insurance. You may even be able to claim on the same insurance policy if you are attending a public event in which the same incident occurs and you are injured as a result.

The same rules apply when claiming for mental or financial damages; claims for accidental damages will mean compensation only, whilst intentional damage claims entail compensation and criminal charges towards the aggressive party.

Criminal Defence Blawg

Criminal Defence Blawg

Criminal law blogger at CriminalDefenceBlawg
Criminal Defence Blawg is a criminal law blog, sharing legal expertise and intelligence from the UK, US, Australia and beyond. Contributions from those who share great legal information. Want to get published? Contact us today.
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