You may well receive an injury on the road due to a pot hole when walking
over it or on the pavement due to a pot hole or a protruding pavement. You
may also slip or trip when visiting premises, either commercial premises
or residential.
Slip/trips can often happen inside premises where articles are negligently
left on surfaces or when surfaces are not properly cleaned causing
tripping. There are numerous laws and regulations governing the
responsibility of owners and occupiers of property in respect of the duty
they owe to people visiting the property. In some extreme cases, it is even
the case that a person who is trespassing on someone else’s property
may be able to recover damages for injuries incurred.
The recovery of personal injury for slipping/tripping accidents is quite a
complex procedure. Particularly in regard to slipping or tripping on
pavements as often the responsible authority will argue that they have a
proper system of inspection in place and if they successfully do this then
they may well be able to avoid liability.
We will be able to fully assist you in an assessment of your claim but
would advise you of the following in respect of any slip or trip:-
1. If possible, please photograph the area without delay taking at least
three angles of the area on which the slip/trip occurred, if possible in
colour. Also take a photograph to confirm the location of the defect in
the area (a panoramic view).
2. If you are able to take photographs then try to make sure that you use
a ruler to measure the height of the protrusion or the depth of the hole.
As a general rule for there to be a claim, the defect on the pavement
must be over 1 inch in height. This should be shown in the
photograph.
3. It is most important, particularly with pavement and outdoor slips, to
try and obtain witness evidence to confirm the slip/trip actually occurred.
Unfortunately, due to a number of fraudulent claims being brought,
insurers are very wary of slip/trip claims and will often insist on
independent witness evidence. We therefore advise that you obtain the
names and address of anybody who witnesses the incident.
4. Please ensure that you report the matter as soon as possible to the
appropriate authority and bring it to our attention if you wish us to assist
you.
5. It is important that you do seek medical advice if you sustain injury
as a result of a slip/trip. Please remember that whatever is said to the
Doctor or the Hospital at the time of seeking this advice may well be
recorded in the medical records that are prepared at the time of the
examination. Medical Practitioners do have a duty of confidentially,
this duty might be overruled by the Court in the event that a claim is
made.
We have substantial experience in dealing with such claims and are sure
that we will be able to assist.
Accident not your fault ?
Providing that the accident is clearly not your fault, we will act for you
under the terms of our Conditional Fee Agreement. This will ensure
that you have no legal costs to pay. These will be recovered in full
from the other part.
Legal Expense Cover
Sometimes, you will find that you already have legal expense cover to
bring a claim. Please remember that it is your right to choose a Solicitor
that you wish to represent you in the conduct of your claim. You may use
the Solicitors that will be nominated by your insurance company but
clearly their obligation will be to the insurance company who refer the
work to them.
Independence
We are totally independent and will be your Solicitor acting in your
interest. We believe that it is in your interest to instruct your own Solicitors
who are independent of insurance companies.
Expertise
We are members of the Law Society Personal Injury Panel and have
been vetted by The Law Society to ensure that we can deal with personal
injury claims to the highest standards. We have recovered millions of
pounds for thousands of clients and have been dealing with personal
injury claims for over 30 years.
Damages to be Recovered
Please note that we are fully conversant with all heads of damage to
which you will be entitled and will include the following in the claim:-
-
Other losses that might be necessary to include such as if you
are away from work for a considerable amount of time then this
may effect your pension, also you may find that your job
prospects are effected. There are a number of technical heads
of damage which you will be fully advised of as appropriate.
PLEASE REMEMBER THAT WE CAN ACT FOR YOU ON A
“NO WIN NO FEE” BASIS IF WE FEEL THAT YOUR CASE HAS
A GOOD CHANCE OF SUCCESS.
This means that we will recover costs from the other party.
A lot of accident management companies who claim to have expertise in the
conduct of personal injury claim are simply selling your claim to Solicitors.
Often, they will require you sign credit agreements to obtain expensive
insurance which would not be recoverable from the Defendants and will
have to come out of your damages. Some companies even make
administration charges and take a percentage of the damages for dealing
with the claim. This will not happen with ourselves as we have the experience
and competence to properly deal with the claim that you make.
or
use our accident assessment form
or
e-mail:legal@bellandco.co.uk