People trip and fall on pavements every day, and while most of these accidents are no one’s fault, there are those who suffer injuries as a result of the council or local authority’s negligence.
Falling on a pavement can lead to a range of injuries with serious long-term consequences such as a loss of earnings, being unable to do things you once loved and even losing the ability to look after others.
If you have suffered an injury due to poorly maintained pavement due to negligence from the council or a local authority, you may be eligible to make a personal injury claim. Contact Wildwood Legal today to speak with one of our personal injury solicitors to determine your eligibility and discuss the legal claims process.
Am I eligible to make a pavement accident claim?
Falling over uneven pavements or loose paving slabs can result in a lot of pain and suffering. Some injuries that you may potentially suffer include serious head injuries, cuts and bruises, as well as broken bones. Also, some of these injuries can cause long-term suffering as they may require multiple surgeries and treatments.
Under The Highways Act 1980 and national accident law, nearly all paths and roads are the responsibility of local councils in England and Wales. This means that they have a duty to ensure that all highways and pavements are regularly inspected and repaired if any defects are identified.
If you tripped on a pavement and your local council has failed to fulfil these obligations, and you suffered injuries from an accident as a result, you could sue the council for injury compensation.
What evidence is required for pavement accident claims?
In order to be eligible to make a pavement accident claim, you must be able to show that:
· The pavement trip hazard height was at least 2.5cm high or deep
· The local council had failed to meet their obligations to maintain the pavement
· Your injuries were sustained after tripping on the pavement trip hazard
To strengthen your pavement accident claim and support the chances of a successful claim, we advise that you secure evidence. Forms of legal evidence could include the following:
· Any videos or photographs of the pavement trip hazard. You should try to include a visual measurement in order to demonstrate the height of the defect.
· Contact details of any witnesses of the accident
· Statements from any local residents or business owners about the defect and how long it had been present
· Medical records from a medical professional that declares the extent and severity of your injuries
How will my pavement accident compensation claim be calculated?
The amount of compensation from personal injury claims are made up of two types of compensation; in legal terms, we call these general damages and special damages.
General Damages – This is the amount you will receive for your pain, suffering and loss of amenity. To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future or the costs of care provided to you. This amount includes:
· Loss of earnings
· Travel costs
· Costs of care and assistance
· Medical treatment costs
Time limits for making pavement accident claims
The general rule on the time limit for making a personal injury claim is that you have three years from the date of the injury to have either settled your claim or started court proceedings once the pavement accident has happened.
The three-year deadline begins on the date that the accident occurred or from the date on which you realised that your injuries were associated with your accident.
How much do pavement accident claims cost?
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on a Conditional Fee Agreement (also known as a no-win, no-fee basis).
This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation from your success fee, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
How can Wildwood Legal assist with pavement accident claims?
At Wildwood Legal, our core strength is in personal injury claims. We are experienced in helping Claimants make slips, trips and falls accident claims. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
We understand that it can be incredibly frustrating knowing that your injuries were caused as a result of someone else’s negligence and might have been completely avoided. Whilst compensation may not help the pain you have been put through, it may help with the financial burden you are faced with.
We value the opinion of our clients. We will always listen to you and take on board what you say. With 25 years of experience in personal injury law, we can help you with your claim. We always strive to put you at ease and explain the process clearly.
Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.
If you are considering making a claim against the council or local authorities, get in contact with us either email us firstname.lastname@example.org or call us on 01423 209 046 for specialist legal advice.
We are authorised and regulated by the Solicitors Regulation Authority.
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