Whether you have had an accident on the streets, on the roads or in your work environment as a result of inadequate maintenance for the season, you can claim for seasonal negligence provided three conditions are met. Firstly, your accident must have happened within the last three years. (There is an exception to this if you were a child at the time, in which case the limit is your 21st birthday.)
Secondly, a doctor or other qualified medical professional must have treated your injuries. Thirdly, the accident cannot have been all your own fault. In some cases it is possible to claim for an accident for which you are partially responsible, but if you intend to try and do this, you should never discuss your share of the blame with anyone except your solicitor.
At Accident Advice Helpline we are happy to give free, no obligation advice to anyone in this situation. Our phone lines are open day and night, so you can call us whenever you want. We realise that being in an accident can leave you feeling shaken, so we understand if you feel the need to take things slowly.
When you claim for seasonal negligence, you will need a solicitor who understands the issues involved. Sometimes these can be legally complicated, so we recommend that you use an expert. If you want, we can find you a suitable solicitor who is willing to work on a no win, no fee basis. This means that you can be confident of getting expert representation no matter what your financial position. There will be nothing to pay up front and nothing to pay at all if you are unsuccessful.
If you choose to claim, you should save any receipts for travel expenses, reasonable medical expenses and any related costs that are connected to your case. You can pass these to your solicitor and it may be possible for those monies to be reclaimed.
Making a successful claim depends on the quality of the available evidence. You can help to gather this. If you are able to get out and about, it is helpful if you can take pictures of the spot where the accident happened. Photos of your injuries can also be useful, as can newspaper reports showing how conditions in the area can be affected by the weather, and what the weather was like on the day of your accident. Your local library may be able to help with this.
If there were any witnesses to your accident, it will be helpful if you can track them down and give their details to your solicitor. Do not try to take their statements yourself.
In some cases we can estimate how much compensation you are likely to obtain before the case begins. There are never any guarantees, but we find that even smaller amounts of compensation can leave our clients feeling a lot better because it proves that somebody cares about what has happened to them. It can help to provide closure and allow you to look forward to the future.
Date Published: December 7, 2013
Author: David Brown