Slips and Trips Accident Injury Claims
Slips and Trips Claims for Compensation
Slips and trips accident injury claims for compensation enable you to recover financial damages when you have been injured due to the negligence of somebody or some organisation who owed you a duty of care. However, many slips and trips accident claims are far from straightforward, as the accidents often occur when nobody else is present – leading to potential issues with establishing that you have sustained an injury due to a lack of care and that the injury you sustained is directly attributable to the accident.
It is unlikely that anybody would injure themselves deliberately to claim slips and trips compensation but it is important that, for a slips and trips claim to have the best likelihood of success, you obtain professional medical attention immediately after sustaining an injury in a slips and trips accident for which you were not to blame. Failing to seek medical attention at the earliest practical opportunity will not disqualify you from making slips and trips accident injury claims, but how much compensation you receive may be adjusted to reflect your own lack of care.
Establishing Liability in Slips and Trips Claims
As mentioned above, establishing liability in slips and trips claims can often be an issue. Whereas many places of public access are filmed by CCTV security cameras, should you sustain an injury due to tripping over a loose carpet in the office, slipping on food in a restaurant or falling due to a pothole on a poorly lit road, you – or a solicitor on your behalf – will have to establish that your employer, the venue or the local council was negligent in their duty of care and that the carpet, food or pothole which was responsible for your accident and injury had presented a hazard for an unreasonable amount of time.
A solicitor, compiling slips and trips accident claims, would use photographic evidence taken after the event; speak with colleagues, diners or people who live in the potholed street to obtain testimony in support of a claim for slips and trips injury compensation and even approach the negligent party to obtain an admission of liability from them. Most negligent party´s insurers – the people who pay slips and trips compensation settlements – do not want the financial cost of a court case if there is the chance that they will lose slips and trips accident injury claims, and many are prepared to accept liability on behalf of their clients and settle slips and trips accident claims out of court.
How Much Compensation for Slip and Trips Accidents
How much compensation for slips and trips accidents you will be entitled to receive will depend on the extent of your injury in relation to your age, gender and whether the consequences of your slips and trips accident leaves any visible scarring. No two slips and trips accident claims are the same – no matter how similar the injuries sustained – and a solicitor preparing a claim for slips and trips injury compensation will approach each compensation calculation on its merits.
Your solicitor would also include a factor for the consequences that your slips and trips injury and how they have had an impact on your quality of life. For this reason, it is advisable to maintain a diary to record the occasion on which you are unable to complete day-to-day tasks or enjoy social or leisure pursuits due to your slips and trips injury. Any quantifiable psychological injury can also be included in Slips and trips accident injury claims for compensation along with out-of-pocket expenses you may have incurred which are directly attributable to your slips and trips injury.
Contributory Negligence and Slips and Trips Accident Compensation
One consideration which may negatively influence how much compensation for slips and trips accidents you receive is contributory negligence. The term “contributory negligence” relates to any action or inaction you were responsible for, which contributed to the cause of your slips and trips accident or the extent of your injuries. As we mentioned above, it is unlikely that anybody would injure themselves deliberately to claim slips and trips compensation but, by failing to seek immediate medical attention, it could be claimed that your injury was worsened between the time of your accident and when you were examined by a doctor or that your injury happened somewhere else completely.
Failing to maintain follow-up appointments can also be classed as contributory negligence – especially if you wish to include ongoing medical costs in your claim for slips and trips injury compensation or are still unable to work due to your injuries and need to recover lost income. Although this may be understandable if you have a chronic fear of dentists and have sustained a tooth injury in your slips and trips accident, any unjustifiable lack of care which you display for your own health and safety will be interpreted by the negligent party´s insurers as contributory negligence.
How Time Limits Affect Slips and Trips Accident Claims
You allowed three years from the “date of knowledge” on which you have sustained an injury to make slips and trips accident injury claims for compensation. For the majority of people, the three-year period will start from the date on which their slips and trips accident occurred but, for some, it may be many months before a soft tissue or musculoskeletal injury manifests and they are diagnosed with an injury – it may even be possible that they had forgotten they had a slips and trips accident in that time!
Although three years may seem like a long time in which to claim, it is always in your best interests to discuss the circumstances of your slips and trips accident as soon as possible after you have received medical attention for your injuries. Even if the full consequences of your slips and trips injury are not yet known, your solicitor can begin to collect evidence in support of your claim for slips and trips injury compensation and send a Letter of Claim to the negligent party asking for an admission of liability.
Third Party Capture and Slips and Trips Compensation
When the negligent party receives your solicitor´s Letter of Claim, they have twenty-eight days in which to acknowledge the letter and a further ninety days in which to advise your solicitor whether they accept liability for your slips and trips injury. In the meantime, you may be approached directly by the negligent party´s insurance company with an offer of slips and trips compensation in return for a quick settlement. This practise is known as “third party capture, and although not illegal, it is highly unethical as the insurance company will offer you less than you are entitled to in order to save themselves money.
At a time when you may still be in a lot of pain from your slips and trips injury and concerned about short term finances if you are unable to work, it may be tempting to accept the insurance company´s offer of slips and trips compensation; however, by admitting that their client was negligent and responsible for your slips and trips injury, your solicitor can now apply for interim payments of slips and trips injury compensation to provide you with financial security until such time as your slips and trips accident injury claim is completely resolved and you receive your full entitlement of compensation.
Free Legal Advice about Slips and Trips Accident Injury Claims
F you would like to find out more about slips and trips accident injury claims, you are invited to call our Accident Claim Advice Bureau on 0880 088 7101 and speak directly to an experienced accident claims solicitor. Our solicitor will be able to answer any questions you may have relating to compensation for slips and trips accidents and advise you whether you have a claim for slips and trips compensation which is worth your while to pursue.
Our telephone lines are open twenty-four hours a day, seven days a week, or you can also contact us via the call back request form on the right of the page or the Instant Callback Service below. Kindly note that there is no obligation on you to proceed with w slips and trips accident injury claim once you have spoken to us and all conversations with our solicitors are naturally confidential.