Monday, 1 October 2012

Can I Claim for Compensation for my Injuries in a Bus Accident?

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.”

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