slips, trips & mishaps
It is unfortunate that amongst the general population tripping on the highway and slipping on the highway claims are perceived as minor accidents. It is also unfortunate that such public belief only seek to enhance the public’s perception that such claims are as a result of the “compensation culture”. Having carried out personal injury claims for a considerable period of time at this practice we can categorically state that the complete opposite is in fact reality. Persons who have tripped on the public highway or indeed slipped on the public highway quite often sustain very serious injuries which have a profound effect upon them and thus in turn to their family members. Such accidents can and do prevent people from carrying out their everyday lifetime obligations but in turn sometimes prevent them working. This not only causes direct pain and suffering but financial impact is wide ranging.
Local authorities have an obligation to maintain the highways at public expense. If the local authority does not carry out its statutory obligation then the Claimant has an entitlement to be compensated. There are many ways in which one can sustain personal injury from tripping and slipping. These include:-
- Tripping on pavements or on adopted roads.
- Falling and tripping as a result of defective utility manhole covers.
- Slipping and tripping as a result of wet floors in supermarkets, hospitals, schools etc.
- Tripping or falling as a result of a defect in work on a floor.
- Tripping/slipping on floors as a result of houses in disrepair or defective premises.
Can I claim
Trips and slips of any nature potentially give rise to a claim for compensation. Please contact us to discuss your case and assess whether it has merit.
As a result of The Limitation Act of 1980 this imposes a strict duty upon Claimants to pursue a claim within a strict period of time. Whilst there is provision to dis-apply the strict ruling for Limitation Act essentially you must pursue a claim within three years from:
- The date on which the cause of action accrued or;
- The date of knowledge (if later) of the person injured.
If a person dies before the exploration of the period mentioned above then the period applicable in respect of that cause of action surviving for the benefit of the estate of the deceased party is three years from:
- The date of death
- The date of the personal representative’s knowledge
Which ever is later.
For all cases involving children limitation will expire on their 21st birthday.
What can I claim for
The amount of compensation (damages) you receive is made up of:-
- “General Damages” which compensate you for pain and suffering and loss of enjoyment of life (PSLA)
- “Special Damages” which consist of your quantifiable financial damages. They sometimes include medical expenses, transport cost, nursing or child care costs (in some cases) and a claim for loss of earnings if appropriate.
- “Smith and Manchester Award”
This is where an award of damages is made for the weakening of the Claimants competitive position on the open labour market.
We would welcome the opportunity of discussing all aspects of your claim with you. We can discuss its merits free of charge. Please feel free to contact us on any of the modes of communication set out on our website. Not only can we discuss the merits of your claim but also methods of funding.
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