Peter Collins took a legal action against a crisp manufacturing company in January 2008, as his chest was almost blocked because of them! It so happened that Peter had purchased a pack of barbecue rib flavor snacks of a crisp manufacturing company. However, the packet also had a mould, which resembled the crisp and he gulped it down. His son had to squeeze his chest so as to clear his airway. Later the doctors told him that the rubber had got into his stomach; consequently he required medicine for three months. |
If something similar has also happened to you or you have endured any form of personal or physiological damage, then you might be entitled to claim for personal injury compensation, provided that you suffered because of someone else’s mistake. The first and foremost significant while taking a legal route is that someone else should be liable for your anguish, pain and suffering. Even in instances, where the other party has certainly acted carelessly, even illegally so, it should be implicit that with reference to the civil law, a latent claimant can only claim recompense for a personal injury loss or damage that he or she has actually sustained.
The second important factor is that your damage or the wound should have been because of someone else’s negligent and carelessness act. You should be able to prove that the mishap happened because someone else breached the duty of care that he was supposed to endow you with. For example, if you were in a shopping mall and you fell down from stairs, which resulted in back injury. Then, you might not be entitled for a successful claim, if the mall authorities had taken all the measurements for your protection and well-being. The court might just say that the incident happened because of your misfortune. Thus, it is important that you have enough evidence and proof to establish your claim.
The other thing to remember is that the cause of any mishap is not always palpable. Sometimes, one party might be completely at fault; however, sometimes there might also be other factors. It might also be possible that the incident occurred because you also were careless along with the other party. In such cases, you also can be held liable and might not be successful in your claim. So, keep all these factors in mind, consult an attorney and see if you also are eligible to claim for personal injury compensation.
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