Tripping and Slipping Accidents
Introduction
This guide is intended to deal in general terms with some of the most common questions raised by people who have been involved in a slipping or tripping accident. Each claim will vary depending upon the individual facts, but the points set out below should provide an indication of those which most commonly arise.
THE COMMON CAUSES
Tripping and slipping accidents may have a number of causes. They range from tripping on a loose, broken or raised kerb stone; slipping on spilt liquid in a shop, to slipping on ice or snow. If you suffer an injury or loss which can be attributed to another's fault, you may bring an action to have that injury or loss compensated.
SOME PRACTICAL STEPS TO BE TAKEN IF YOU HAVE AN ACCIDENT
There are some practical steps which should be taken to preserve evidence and aid the bringing of your claim.
GENERAL STEPS
- Take the names and addresses of any witnesses to the accident
- Take a careful note of where the accident occurred
- Where possible, arrange for photographs to be taken or take photographs of both the general area where the accident occurred, and of the particular defect causing you to fall over.
TRIPPING CASES
- Do not report the defect until you have taken photos and sought advice!!
- Try to find out whether any similar accidents have occurred at the same location.
- Take photographs or arrange for photographs to be taken of the defect
- Have photographs taken of nearby defects and ensure that when a photograph is taken that a ruler or item of determinate size like a credit card, is placed upright next to the defect so that the extent of the defect is shown.
SLIPPING CASES
- Take a careful note of the size, extent and nature of what was slipped on.
- If the slipping accident occurred in a shop, make a note of whether any warning sign indicating a slippery surface is displayed. Take a careful note of where in the building the accident occurred.
INJURIES - HOW DO I CLAIM?
Ashfords will obtain evidence to support your claim. This will normally be in the form of reports from a GP and/or consultant explaining the nature and extent of your injuries and the prognosis for recovery.
If you have suffered only a minor injury you should go to your doctor in any event as he or she will be able to document the injuries that you have suffered and this will be used later as evidence of the problems that you had.
Once the reports are agreed with you, Ashfords will be able to advise you on the likely value of your claim and can send them the other party's insurers/solicitors to commence negotiations for settlement of the claim.
HOW LONG WILL IT TAKE?
Payments of compensation for personal injuries are usually made as a lump sum and on a "one off" basis. In other words once you have accepted your payment it is not possible for you to go back at a later date and ask for more.
As a result it is important that no payment is accepted before you, your solicitor at Ashfords and your medical consultants are satisfied that you have either fully recovered or, even if you have not fully recovered, then an accurate prognosis is known. The length of time that this takes depends largely on how long it takes for you to recover from your injuries. Court proceedings have to be issued on a claim within three years of the date of the accident. As a general rule the majority of minor injuries have resolved within eighteen months although this obviously depends on the specific circumstances of each individual case.
HOW MUCH MONEY WILL I RECEIVE?
The extent of the compensation will be something upon which you will require advice. There is no set rate as no two cases are the same. It is possible to give general guidance but the level of damages is assessed by looking at damages received by other people in previous cases who have sustained similar injuries to your own. Ashfords team of solicitors and paralegals can advise you on the likely value of your claim and how best to negotiate settlement.
OTHER LOSSES
The basic rule is that if items were damaged or financial loss was incurred as a result of the accident then you can claim the value of those items or loss. You should try to keep as much documentation as possible for every loss suffered as a result of the accident. A careful note should be taken of all mileage undertaken, and any receipts or bus tickets should be retained for this purpose.
If as a result of falling your clothing was damaged, or any items you were carrying were dropped, you should retain the original receipts and details of all your losses. When you have been absent from work as a result of the accident, you should produce your wage slips and any letters from your employer confirming your loss of wages, and if you are self employed, your Accountant will need to be approached so that details of your accounts can be used to indicate the extent of your loss.
COSTS
There are various funding options available to you through Ashfords. You can download our guide from this website.
You may have the benefit of legal expenses insurance. You may also be eligible for our no-win no-fee scheme.
If your injury claim is over £1000 and if it is proved that the accident was not your fault you should be able to recover the majority of your costs from the insurers of the party responsible for your accident. If there is no injury, then the same rules will apply if the claim exceeds £5,000. Costs are generally charged on a time basis. In all cases we offer an initial 30 minute free interview. Please contact us to make an appointment or complete our at Ashfords.
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Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
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