Against whom the
claim would be made depends entirely upon the circumstances
of the accident. A compensation claim for an injury caused by
a private motorist could only really be made against that motorist.
However if the offending motorist was driving a company van,
for example, when the injury was sustained it may be that the
company may be sued instead as the driver was acting as its
agent when out and about in a van.
A claim for injury
sustained at work would almost always be against the company
in question, irrespective of whether a specific individual was
to blame, as the company had a duty of care to you whilst you
were employed and on the premises.
A trip or fall over
an uneven pavement could mean a personal injury claim against
the council under whose jurisdiction it falls, if the pavement
is maintained by the local authority. In such an eventuality
a photograph of the damaged pathway is often useful as local
authorities when notified of impending litigation have an uncanny
habit of destroying the evidence.
In short,
it is the person or corporate entity that is ultimately, or
in the main, responsible for your predicament that should be
legally to blame for it. If one is ever unclear on this question
it always pays to seek professional advice. Speak to a personal
injury claims specialist by visiting one of the above personal
injury claims websites and get further information to see if
it is worthwhile you pursuing your personal injury claim.