Several people have been unfortunate enough to have tripped on a broken pavement while out and about. If you have been involved in such an accident and you have sustained injuries as a result then you should claim compensation.
If this accident happened through no fault of your own, you should file a compensation claim against the local council. This is because the accident occurred in a public area under the local authority’s jurisdiction. The council is charged with the responsibility of maintaining facilities and infrastructure such as roads, pavements, public parks and council halls, among others. In this case, they failed to remove or repair the broken pavement hence leading to your accident and subsequent injuries.
Type of claim to make
You can make a personal injury compensation claim from the local council as long as you are not responsible for the accident and it happened within the last three years. You are also required to have received medical treatment for any injury sustained.
Local councils are obligated to purchase public liability insurance policies to cover personal injury compensation claims. It is within your rights to demand compensation for the injuries, inconvenience, and financial losses you incurred due to tripping on the broken pavement.
How to make a claim
If you are seeking compensation for the injuries you sustained as a result of your tripping accident, you need to familiarize yourself with the process of making a claim. The following are the key steps to follow:
- Get in touch with Accident Advice Helpline. We will discuss the details of your case with you and advise you on whether to proceed with your claim.
- If you decide to proceed, you will be provided with a lawyer experienced in dealing with personal injury claims.
- The solicitor then gathers evidence on the claim and will inform you of the amount of compensation you are likely to receive. Both of you then agree on the amount you will settle for.
- The lawyer might make an offer to settle out of court (also known as a Part 36 offer). If you decline then the case proceeds to court.
- The lawyer represents you in court as your case is heard. It is not compulsory for you to attend the court case.
- If you win the case, you will receive compensation from the defendant.
What is needed to make a claim?
Since you are the claimant, you need to prove that the accident occurred due to negligence on the part of the local council. In order to make a solid case, you need to provide your solicitor with the following:
- Details of the accident including the date, time and location of its occurrence
- Contact details of any witnesses
- Details of the sustained injuries, medical diagnosis, treatment and prescriptions
If you are unsure of whether you can make a compensation claim, use our 30-second calculator to confirm your eligibility. You can also contact us to help you process your claim.
Date Published: September 24, 2013
Author: David Brown