Can You Claim If Blame Is Uncertain?
Last updated on August 2nd, 2019
According to the UK Personal Injury Act, anybody who is injured in an accident that is due to no fault of theirs may have a right to be compensated for their pain, suffering and monetary losses. This includes injuries sustained in a road accident or due to clinical negligence, accidents in the workplace, construction sites and gyms, injuries caused due to defective products or food poisoning and sports injuries amongst others.
The Two Critical Prerequisites For A Successful Personal Injury Claim
- The injury must be caused due to no fault of yours.
- There must be compelling evidence proving without any doubt that the defendant is legally responsible for causing the accident and the resultant injuries.
In some accidents, this is easy to prove. For instance, if a speeding vehicle hits a pedestrian on the pavement or crashes into a vehicle parked at the side of the road, the accident is clearly the result of rash driving. In cases such as these, it is quite straightforward to prove that the negligent driver was solely responsible for the accident.
Unfortunately, not all accidents are so clear cut so that it is easy to prove who was at fault and who was the victim in the accident. This is made even more difficult because most times, everything happens so fast that witnesses are not 100% sure about what exactly happened, how the events unfolded and who was at fault.
Scenarios Where It May Be Difficult To Prove Liability
If the accident involves two moving vehicles, it may be difficult to prove whether it was caused because the driver in the vehicle in front came to a sudden stop or whether the driver in the rear vehicle was distracted or negligent.
Another scenario where there may be uncertainty as to who is to blame for the injury is in a hit and run case. Here, even though the accident is obviously not your fault, the uncertainty arises because of the fact that the identity of the hit and run driver remains unknown.
In asbestos related diseases, there is almost always some element of doubt as to who is to blame.
A person may have contracted mesothelioma or any other asbestos related disease from several different sources, either from working in a company where asbestos was used or from living in the vicinity of a factory or workshop that did asbestos-related work. In this case, identifying the exact person or company responsible for the injuries is difficult because the symptoms often manifest several years after the exposure happened.
Contributory negligence also creates another scenario where there could be some amount of uncertainty. In a contributory negligence case, the claimant may be partly responsible for the accident 
or the claimant could have done more to prevent the accident or minimise the risk of injuries. For instance, if you were injured in an accident while driving without wearing your seat belt or cycling without your helmet, then you could be considered to be partly responsible for the injuries.
In all of the above cases, regardless of whether the perpetrator’s identity is unknown or whether contributory negligence exists, you may still be able to file a claim for compensation. However, several complications arise because of the uncertainty and it is not advisable to try and file the case on your own. Hiring a reputed personal injury solicitor to represent you is the best way to proceed in filing your claim for compensation under the circumstances.
Advantages Of Personal Injury Solicitors
An established personal injury solicitor would have had vast experience handling all types of compensation claims involving a wide range of accidents. Moreover, they are well-versed with personal injury law and are familiar with all the challenges and loopholes that are likely to come up. They know exactly what information to include and how to word it when putting together the facts to submit to the court.
Personal injury solicitors also have access to legal libraries that they can use to read through relevant precedents, which they can quote to support your claim. Quoting precedents where claimants were awarded compensation under similar circumstances as yours is one of the most effective ways of getting the court to rule in your favour. Without a solicitor, finding this crucial information can be difficult and hugely time-consuming.
Legal Fees And The Advantages Of No Win No Fee
Is it worth paying for professional legal advice when you are not sure who is to blame for the accident and your injuries, who are you going to claim compensation from, and what are your chances of winning? The thought that you may lose the legal fees on top of everything else keeps many people from seeking much needed legal help.
If these are some of the concerns that are holding you back, you should know that seeking legal help for your compensation claim will not cost you anything with ourselves.
When you speak with one of our personal injury solicitors, it will cost you nothing other than a few minutes of your time. In our initial consultation we will get all relevant details from you and do some additional research to assess whether or not you have a strong case. If you do, we will ask if you are willing to sign a No Win No Fee agreement. This agreement states that we will put together a strong case on your behalf and also represent you in court if it goes that far and fight your case without any upfront fees. You pay a fee only if your claim is successful and the court awards you compensation. The percentage you pay from the compensation won will be agreed with you before we begin your claim so everything is clear.
Signing a No Win No Fee agreement is a win-win situation for you especially when you are in an accident where there is uncertainty as to who is to blame. With an agreement like this, you know we will put in their best effort (as we always do) to make sure you win the case and get compensated, while you risk nothing at all and you are never out of pocket at any point.