Street Trip Injury Compensation Guide
If you have tripped or fallen in the street and been injured and your fall was caused by a raised paving stone, pothole or uneven surface you could be eligible to claim street trip injury compensation.
Street trips and falls resulting in injuries have been subject to abuse in recent years, and now local authorities are being more thorough with their investigations and with the acceptance of liability. Guidelines have been drawn up to help prevent false street trip injury compensation claims, and whilst in previous years a settlement has proved to be more cost effective than investigation and legal action, this is no longer the case. The guidelines are not a barrier to prevent genuine street trip compensation claims, but it is more important than ever that a strong case is presented to maximise the chances of making a successful street trip injury compensation claim.
Factors Leading to a Successful Street Trip Injury Compensation Claim
In cases where an injury has been sustained due to an uneven surface or a raised or loose paving stone, a claim may only be successful if the local authority has been allowed a suitable time frame in which to identify and correct the problem. Street trip injury compensation claims may only be possible if a paving stone is raised above a certain height, or if a crack is of a sufficient width. A street trip compensation claim that is rejected may result in the claimant being liable to pay legal costs, so it is therefore important to consult an experienced street trip injury compensation solicitor for advice before submitting any claim.
Slips on icy roads and pavements are a common occurrence in winter, and injuries sustained due to inadequate gritting or salting, or from a lack of any action can lead to successful street trip injury compensation claims. The responsibility of the local authority in these cases is not always clear, and a successful personal injury compensation claim is far from guaranteed. In cases of slips on iced up pavements or roads and pedestrian crossings it is important to speak to a solicitor experienced in street trip injury compensation to assess your case, and advise on the chances of making a successful claim.
Private Roads and Street Trip Injury Compensation Claims
The maintenance of private roads is not the responsibility of the local authority, but the land owner. While roads may be for private use only, they need to be adequately maintained to ensure that visitors and residents remain safe, and that deliveries can be made without there being a risk to health and safety.
Injuries caused by slips and falls which occur on poorly maintained private property due to icy conditions tend to be far more serious than those on public roads and pavements, and they frequently lead to successful street trip injury compensation claims. In these cases it is not the local authority who is liable to pay street trip injury compensation but the land owner or leaser of the land.
What to do Following a Street Trip Injury
With street trip injury compensation claims it is the responsibility of the claimant to prove that the cause of the trip was due to poor maintenance of the pavement or public highway. If there were any witnesses to the accident, it is a wise move to record their names and addresses, should they be needed at a later stage to back up your claim.
It is also important to accurately document the hazard, and where possible to take accurate measurements of the fault. Revisit the location of the accident to take photographs, and use a ruler to accurately measure the width of the crack which lead to the fall, or the height of the raised paving stone. When this is not possible due to immobility caused by the accident, a friend or family member should complete this task for you. This can make all the difference to making a successful street trip injury compensation claim.
The primary concern following an accident should always be to take care of any injuries, and these should always be treated by a doctor. When pursuing a street trip injury compensation claim, your medical records will be accessed by your solicitor and used to help obtain a suitable settlement. It is useful to take photographs of your injuries, both initially and following the accident should bruising occur.
Consult With a Solicitor
In cases where liability has been accepted by the local authority, private land owner or an individual, it may be tempting to avoid using a solicitor. While many street trip injury compensation claims can proceed without a hitch, complications can arise which can affect your ability to claim. Insurance companies may contact you directly with an offer of a settlement; however it is in their interests to do what they can to save costs, and with street trip injury compensation, claimants rarely get offered a fair settlement for the injuries and losses suffered. Consulting with an experienced solicitor will help you to better understand the processes behind making a claim and enable you to get the street trip injury compensation you are entitled to.
All articles are written or edited by Eoin Campbell.