What is negligence and what steps should I take if I have been injured in an accident?

Legal advice for farmers

Proving that an accident or a negligent act or omission caused the injuries you have suffered is an important element of claiming for damages caused in an accident. Stock image. 

If you have been injured in an accident due to the fault of a third party, you may be entitled to claim for damages on the basis that the third party has been negligent. The most common type of accidents are car, workplace, or accidents in public places. The third party or potential wrongdoer owes you a duty of care to you and, if in their actions or omissions which caused the accident they have failed to meet that duty of care, they are likely to be deemed negligent. The law of negligence is complex and there are many other factors which can be considered when assessing whether a third party has been negligent.

You will also have to prove that the accident or the negligent act or omission caused the injuries you have suffered. The best way to prove causation is to use contemporaneous medical records, and you should obtain medical treatment immediately or within a couple of days of an accident occurring. If the injury does not result in a hospital admission, you should attend your GP.