Slip / trip accident
You may well receive an injury on the road due to a pot hole when walking over it or on the pavement due to a pot hole or a protruding pavement. You may also slip or trip when visiting premises, either commercial premises or residential.
Slip/trips can often happen inside premises where articles are negligently left on surfaces or when surfaces are not properly cleaned causing tripping. There are numerous laws and regulations governing the responsibility of owners and occupiers of property in respect of the duty they owe to people visiting the property. In some extreme cases, it is even the case that a person who is trespassing on someone else’s property may be able to recover damages for injuries incurred.
The recovery of personal injury for slipping/tripping accidents is quite a complex procedure. Particularly in regard to slipping or tripping on pavements as often the responsible authority will argue that they have a proper system of inspection in place and if they successfully do this then they may well be able to avoid liability.
We will be able to fully assist you in an assessment of your claim but would advise you of the following in respect of any slip or trip:-
- If possible, please photograph the area without delay taking at least three angles of the area on which the slip/trip occurred, if possible in colour. Also take a photograph to confirm the location of the defect in the area (a panoramic view).
- If you are able to take photographs then try to make sure that you use a ruler to measure the height of the protrusion or the depth of the hole. As a general rule for there to be a claim, the defect on the pavement must be over 1 inch in height. This should be shown in the photograph.
- It is most important, particularly with pavement and outdoor slips, to try and obtain witness evidence to confirm the slip/trip actually occurred. Unfortunately, due to a number of fraudulent claims being brought, insurers are very wary of slip/trip claims and will often insist on independent witness evidence. We therefore advise that you obtain the names and address of anybody who witnesses the incident.
- Please ensure that you report the matter as soon as possible to the appropriate authority and bring it to our attention if you wish us to assist you.
- It is important that you do seek medical advice if you sustain injury as a result of a slip/trip. Please remember that whatever is said to the Doctor or the Hospital at the time of seeking this advice may well be recorded in the medical records that are prepared at the time of the examination. Medical Practitioners do have a duty of confidentially, this duty might be overruled by the Court in the event that a claim is made.
We have substantial experience in dealing with such claims and are sure that we will be able to assist.
Accident not your fault?
Providing that the accident is clearly not your fault, we will act for you under the terms of our Conditional Fee Agreement. This will ensure that you have no legal costs to pay. These will be recovered in full from the other part.
Legal Expense Cover
Sometimes, you will find that you already have legal expense cover to bring a claim. Please remember that it is your right to choose a Solicitor that you wish to represent you in the conduct of your claim. You may use the Solicitors that will be nominated by your insurance company but clearly their obligation will be to the insurance company who refer the work to them.
We are totally independent and will be your Solicitor acting in your interest. We believe that it is in your interest to instruct your own Solicitors who are independent of insurance companies.
We are members of the Law Society Personal Injury Panel and have been vetted by The Law Society to ensure that we can deal with personal injury claims to the highest standards. We have recovered millions of pounds for thousands of clients and have been dealing with personal injury claims for over 30 years.
Damages to be Recovered
Please note that we are fully conversant with all heads of damage to which you will be entitled and will include the following in the claim:-
- Damages for personal injury. The value of which will vary on the nature of the injury and on how long recovery lasts and whether the injury stops you from working or pursuing other activities.
- Loss of earnings of loss of profit if you are self employed.
- Insurance excess if you are comprehensively insured.
- Any costs that you can reasonably argue that were incurred as a result of the accident. This can include the cost of people assisting you in your day to day living if you were injured and are unable to attend to your normal tasks.
- Damages for psychiatric and mental problems caused by the accident. The assessment for this head of damage is complex and you will be fully advised.
- Other losses that might be necessary to include such as if you are away from work for a considerable amount of time then this may effect your pension, also you may find that your job prospects are effected. There are a number of technical heads of damage which you will be fully advised of as appropriate
- PLEASE REMEMBER THAT WE CAN ACT FOR YOU ON A “NO WIN NO FEE” BASIS IF WE FEEL THAT YOUR CASE HAS A GOOD CHANCE OF SUCCESS. This means that we will recover all of our costs from the other party.
- BE WARNED: A lot of accident management companies who claim to have expertise in the conduct of personal injury claim are simply selling your claim to Solicitors. Often, they will require you sign credit agreements to obtain expensive insurance which would not be recoverable from the Defendants and will have to come out of your damages. Some companies even make administration charges and take a percentage of the damages for dealing with the claim. This will not happen with ourselves as we have the experience and competence to properly deal with the claim that you make.