Yes; that is, of course, unless you
caused the accident.
The main principle governing
compensation claims is that of responsibility: if you can prove that other
people caused your injuries, then you can demand for compensation. Otherwise,
you cannot.
More precisely, you need to prove
three things: first, that somebody owed you a duty of care; second, that this
person has breached that duty of care; and third, that it was this breach of
duty that has caused your injury.
In case of a bus accident, you can
only claim for compensation if you can answer the following questions
positively. First, did the driver owe you a duty of care? Second, has he or she
breached this duty of care in any way? Third, is this breach of duty
responsible for your injuries?
Suppose you answer “yes” to these and
prove that the driver owed you a duty of care as his or her passenger; that he
or she has breached this duty, for example by driving recklessly; and that because
of his or her negligence, you are now suffering a broken back, whiplash, or
shoulder pain, then you can make a claim.
If, however, you cannot establish any
of them, then you will not be compensated. For instance, if you fail to
establish that the driver was negligent, that the accident was reasonably
foreseeable, or that your injuries did not cause you serious psychological or
physical harm, then your claim will most likely be dismissed.
Who
can I claim compensation from?
In this case, you can demand for
compensation from the bus driver, the bus driver’s company, or the driver of
the vehicle who caused your bus to crash.
How
much compensation can I claim?
Supposing that you can satisfy the three general
requirements mentioned above, the range of compensation you could get can reach
the following amounts:
If your bus accident inflicted youwith whiplash, then you can get anywhere from £1,000 – £4,575, if your case is
mild; £4,575 – £14,500, if moderate; and up to £14,500 – £86,500, if severe.
For a fractured nose, you could get £1,000 – £13,500. For back injuries, you
could receive up to £7,125, if your injury is mild; £7,125 – £22,650, if
moderate; and £22,650 – £98,500, if severe. If you are suffering from
post-traumatic stress disorder, then it is not unfair to claim for £2,300 –
£58,500. Finally, for shoulder injuries, you could be compensated with £7,375 –
£11,200 if you dislocated one and £3,000 – £7,125, if you fractured one.
These amounts are not set in stone.
All they are is a general idea of what you could get because the specific
amount of compensation one should give to another will depend on the
characteristics of each personal injury claim.
Thus, you need not suffer in vain if
you have been injured in a bus accident. Now that you have an overview of what
to prove and what to receive, you can stop asking, “Can I claim?” and start answering, “Yes, I should.”