Anjum’s solicitors
116 Manchester Road
Bury, Greater Manchester
M89GX
Mr Patrick Patterson
25 Oldham Road
Oldham
OL55BA
Dear Patrick Patterson,
I am writing to explain to you as to whether you were owed a duty of care from the defendant Tristam Turner.
The Caparo v Dickman test will indicate whether you are owed a duty of care. Firstly, your injury was foreseeable as the defendant’s negligence would have resulted in an accident making it foreseeable that the events can cause someone to be paralyzed which would rule them out of work. There was proximity at the time because you were at the scene of the negligence, there was also closeness in space as you were also close to the defendant at the scene of the negligence. To prove whether you were owed a duty of care it has to be fair just and reasonable to impose a duty of care. The defendant was not part of the public service so the floodgate of litigation cannot be open. The defendant was just an ordinary person being negligent. Therefore, the 3 stages have been proven and so you are entitled to a duty of care.
Now that there was a duty of care owed we have to prove whether the defendant breached their duty. The defendant will be compared to a reasonable man who is expected to drive reasonable competently well. The defendant is expected to meet the same standard of care as a reasonable driver. A reasonable driver in the defendant’s positon would not have been driving over the speed limit in the area and also would not have been on their phone as some eye witnesses pointed out. Individual characteristics of the defendant don’t be considered. However, as the defendant was a learner who had just passed his test but it does not make a difference whether the defendant was a learner o...
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...d rather than spending the money all at once which would have been kept for a long period of time. There are 2 different damages general and special damages. I advise you to claim for the general damages as you are entitled to this because the injury you have is a lifetime injury which requires medical treatment. This is priceless as nobody knows the price of the cost for you to pay your expenses for the treatment. Now that you are unfortunately unable to walk you are restricted from many things including not being able to walk which you should be compensated for. Therefore, I believe that the pain and suffering and the loss off amenity categories is what you should claim for as the money will ensure you to provide for your family and for the pain and suffering which has been caused to be treated right with the medical treatment. #
Yours sincerely
Anjum’s Solicitors.
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