At Costanzo Lawyers, we want to talk to you about compensation for personal injuries, so where should we begin?
The beginning is always a good place to start and that would be the case of Donoghue v Stevenson  UKHL 100, it is the foundational case in English tort law by the House of Lords. Briefly, the facts were that the Plaintiff, Mrs. Donoghue purchased a bottle of ginger beer in a Café. A dead snail was in the bottle. After drinking its contents, she became ill, and she later sued the manufacturer (the Defendant), Mr. Stevenson. The House of Lords held that the Defendant owed her a duty of care that duty of care had been breached, it was reasonably foreseeable that a failure to observe the standard of care to ensure the products safety would lead to harm and damages to the consumer.
The “snail in the bottle case”, as it became known effectively established the “law of negligence”. As this was Judge made case law, it was called the “common law”. Essentially, Donoghue v Stevenson is authority for the principle of law that: “each of us has a duty of care to ensure we do not injury others.”
If we fail in our duty of care, and as a result of our negligence, a person is injured then we are responsible to compensate them for their loss. Hence he common law duty of care and the term “Personal Injury / Common Law claims.”
Our duty of care falls under several headings;
- Road accident injuries or “Transport Accident Compensation” claims aka “TAC” Claims
- Workplace Accidents causing injury aka “Work Cover Claims”
- Public place injuries i.e. slip and falls and
- Medical negligence and claims.
The elements for a successful claim are as follows;
- Duty of care (is owed by the Defendant to the Plaintiff),
- Negligence by the Defendant (resulting in),
- Damage and /or loss (by the Plaintiff), Special (out of pocket expenses), general (loss of income/pain and suffering)
- Reasonable foreseeability (that negligence my result in loss) in circumstances where,
- The negligence (by the Defendant) caused the loss (of the Plaintiff).
At Costanzo Lawyers, you are person not just a number and we care about your suffering, your loss, your family and compensation for your injuries. We ask, “What do you want?” We will do whatever legally can be done to achieve the best possible outcome in the circumstances for you.
Our new website reflects the passion we have for what you want because we care about you as person – you are not just a number to us!
Of course time limits apply so time is ticking on the making of a claim.
We provide this service on a “NO WIN NO FEE” basis.
At Costanzo Lawyers, we care about your loss and about compensating you for the negligence of others!