Personal Injury from a Slip, Trip or Fall? Compensation Can Ease the Pain

Published on: 31 May 2017

Have you ever been walking along when suddenly you slip, catch your foot on something or trip over an object?  For a second you stumbled helplessly.  Maybe you were lucky enough to regain your balance and save face or did you fall flat on your face and suffer a painful personal injury? Personal Injury from a Slip, Trip or Fall leave you a red faced and embarrassed.  What happens if you experience a slip, trip or fall that could have been prevented or which causes pain, suffering or financial hardship?

 

If you suffer Personal Injury from a Slip, Trip or Fall, there are some questions you will need to address:

  1. Can I make a claim for compensation?
  2. Who do I claim against?
  3. How do I make a personal injury compensation claim?

Are you eligible to make a claim for compensation?

If you suffer Personal Injury from a Slip, Trip or Fall in a public place, at work or on another persons’ property you may be entitled to make a personal injury compensation claim.  A claim can be made if you have suffered injury or loss and the accident is someone else fault, even partially where you may have contributed. The claim must be typically made within 3 years of the date on which the incident occurred.

Note – there is no stigma attached to genuine non-exaggerated personal injury claims when you suffer, whether physical pain, emotional distress or any negative impact on your quality of life or financial situation.

Who can you make a claim against?

Who you claim against will depend on where the incident occurred.  For example, Personal Injury from a Slip, Trip or Fall in a public area such as a road, footpath you may be able to claim against the Department for Infrastructure or in a park it may be against your local council.  If the incident occurred in a public building such as a shopping centre, leisure centre, restaurant or other business premises, you may able to make a claim against the property owner at which point the public liability insurance policy they must carry will take effect to cover the loss.

How do you make a Personal Injury Claim?

You will need to make contact with an experienced Personal Injury Claims Solicitor who will listen to your case and outline the claims process.  He/she will advise you if you are eligible to make a claim and who you would claim against.  You and your legal team will need to be able to prove that the person or organisation that you claim against was responsible for maintaining the area in which the accident occurred, had a ‘duty of care’ to protect you, and failed in that duty.

An experienced Personal Injury Claims solicitor will also be able to advise you on the issue of legal costs and the damages amount you could expect to gain, if successful.  Legal aid may be available and your solicitor will advise you if you are eligible.  The typical timescales from initiation of a claim to a claim being awarded will also be outlined.

The following items will be required to make a successful claim:

  1. Accident report – a written account of the incident in as much detail as possible. Include information on the lead up to the incident, what caused it, what happened after, what treatment you received.
  1. Photographs – take photographs of the accident site as soon as possible. These can be used to illustrate the direction in which you were walking and the actual accident location and cause.
  1. Witness Statements – take note of the contact details of any witnesses to the incident and those who helped you in the aftermath such as the general public.
  1. Medical Reports – reports from your local GP, A&E department and other healthcare professionals who have examined and treated you in the aftermath of the accident will be taken into account. Additional examinations may be required to assess the extent of your injuries and their impact on your ability to carry out daily activities such as work.
  1. Discovery – research into documentation surrounding the inspection and maintenance of the accident location or as may be particular to be circumstances of your case.

All leading to liability and quantum.  Proof that someone caused your accident and the amount that you have suffered a a result.

Luke Curran & Co. Solicitors, Newry are experienced Personal Injury Claims solicitors.  Find out how we can help you.

Contact us on 02830267134 or via email to law@lukecurran.co.uk for impartial advice or to arrange a free no obligation appointment to discuss a personal injury compensation claim.