Slips, Trips And Falls

All of us expect to suffer a few accidents during our life, but none of us should be disadvantaged due to someone else’s carelessness. If you have slipped, tripped or fallen and suffered injury, you may be able to claim damages from the person responsible.

Types of Liabilities Related to Slips, Trips And Falls

Wherever the accident took place, it is likely to be covered by some variant of what is known as ‘tort’ law. If it occurred on someone else’s property, such as a shop or home, it will fall under the law of occupier’s liability. Similarly, if it occurred at work, you may be able to claim compensation due to employer’s liability. You may even be able to file a public liability claim if you tripped over a negligently laid paving stone or other part of the public highway, due to the local council’s responsibility to pedestrians.

How Do I Know If I Have A Claim?

Your claim will only succeed if the accident was the fault of someone else, and if several other conditions were present. Firstly, a duty of care of some kind must have existed between you and the person responsible for the accident. Secondly, that duty must have been broken, and that breach must have led to the damage you have suffered. Finally, the injury must have been foreseeable by a reasonable person. If all of these tests are met, you are likely to be able to claim successfully.

What Should I Do After My Accident?

With many slips, trips and falls, victims are shaken up and do not keep proper records or think about compensation for some months. As soon as you believe that you might have a claim, it is important for you to keep all of the documentation relating to your accident. It is particularly important to get yourself checked by a doctor and record any medical treatment you have received. If there were witnesses to your accident, make sure that you have their details. Learn more about what to do after an accident

What Process Will My Claim Follow?

The process your claim follows will vary slightly depending on the area of law under which your claim falls. However, in most instances you will need to follow some kind of Pre-Action Protocol, in which letters are sent to the person you are suing and an opportunity is provided to settle. If they deny liability, you will then be able to issue a claim form, serve the particulars of your claim on them and their insurers, and proceed to court.

Will I Need A Solicitor?

Legal advice is always helpful, but whether or not you need a solicitor will depend upon the complexity of your claim. If your accident was relatively minor, or if liability is likely to be accepted by the person you are suing, then you will probably be able to conduct the litigation yourself. If you do engage a solicitor, you will need to ensure that you enter into a financial agreement which protects you from costs in the event of your claim being unsuccessful.

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