PERSONAL INJURY CLAIM

Personal Injury Claim



Personal Injury Claim

a) What initial advice should be given to Adam Smith about whether or not he has a claim and what evidence will your firm obtain to support it? You do not need to deal with any client care issues.

Adam Smith has a valid claim that can be registered through a tort lawsuit. This tort lawsuit will essentially allege that the injury to the plaintiff, Adam Smith, is due to the negligence of administration of Wicklesfield School near Norwich, Norfolk. The claims are further supported by the evidence of a pupil, Sydney Rushbrook. Sydney allegedly registered a complaint with the main hall receptionist, Pricilla Handleforth at Wicklesfield School. The complaint reported the upturned floor tile. This is the same place in the school from where Adam Smith tripped. Tripping accidents are an example of personal injury claims. This form of injury occurs to the body, mind or emotions. Due to the negligence of school's administration, Adam Smith suffered injuries to his body, mind and emotions with this tripping accident. Mr. Smith's body suffered injuries, including fractures to the tibia and fibula of his right leg. For this injury, a fixation surgery was performed by surgeons at Norwich General Hospital. Mr. Smith's nose was also broken. Treatments on his nose include surgery to realign the bones in his nose. This treatment has not been procured by Mr. Smith as yet. After more than 5 months of the accident Adam has returned to work. Though, he still suffers stress and recopying issues in private life, work place and other extra-curricular activities. Further, Adam Smith has suffered monetary losses due to the accident and missing 5 months of work. He was paid for the first months leave but has not been compensated by school for the remaining 4 months of required rest from severe injuries. Adam has also lost performance allowance summing to around £2000 by taking a break for recoupment.

Adam Smith stands in good accord to file a claim of pain, suffering and loss of amenity. The case is dependent on proving the negligence of the counter party. If his claims are proven Adam is entitled to monetary compensation from the party. As per English limitation rules, Adam has a maximum of three years to file a claim and commence legal proceedings. Otherwise, his entitlement to file claim thereafter would be lost.

The firm would gather substantiating evidence to incriminate administration of the school for negligence to provide health and safety measures that resulted in Smith's traumatic injuries. These evidences would include:

(i) Accident book entry.

(ii) First aider report.

(iii) Surgery record.

(iv) Supervisor accident report.

(v) Safety representative's accident report.

(vi) RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) report to HSE.

(vii) Other communications between defendants and HSE.

(viii) Minutes of Health and Safety Committee meeting(s) where accident/matter considered.

(ix) Report to DSS.

(x) Documents listed above relative to any previous accident/matter identified by the claimant and relied upon as proof of negligence.

(xi) Earnings information where defendant is ...