Severely damaged ankle.. do I make a claim?

Person_one

gazza975526570 wrote: »

I'm sorry, your wrong.

OP - if you want to pursue a claim then contact a solicitor. (If you have legal cover on your Home or Motor Insurance they will likely take it on for you). If you dont try to get a recommendation from someone you know.

Good Luck.

What's in it for the solicitor if there have been no financial losses incurred?

geri1965_2

Person_one wrote: »

What's in it for the solicitor if there have been no financial losses incurred?

You don't have to incur financial loss for a claim to succeed - you can claim for the injury alone (it's known as PSLA or general damages).

Person_one

geri1965 wrote: »

You don't have to incur financial loss for a claim to succeed - you can claim for the injury alone (it's known as PSLA or general damages).

Interesting. I've been advised differently recently, I think I'll have to do a bit of research!

Tropez

geri1965 wrote: »

You don't have to incur financial loss for a claim to succeed - you can claim for the injury alone (it's known as PSLA or general damages).

This is correct.

I suffered an injury when I was younger. No financial loss was incurred as a result of the injury. I was awarded £25,000 compensation.

That said, it was a lot more serious than a sprained ankle.

rogueylawyer

geri1965 wrote: »

You don't have to incur financial loss for a claim to succeed - you can claim for the injury alone (it's known as PSLA or general damages).

The issue here is the pain suffering and loss of amenity is still somewhat minor. The injury has persisted for 2 days so far and is likely to make a full recovery within a short period of time.
Geri is absolutely right; you couldn't claim for financial losses without an injury to attach to, but you can claim for injuries without financial losses. However you need a reasonably serious injury and you need to prove the pub are at fault, that this was reasonably foreseeable and within their control.

rogueylawyer

Person_one wrote: »

Interesting. I've been advised differently recently, I think I'll have to do a bit of research!

Sorry, whoever told you this either misunderstood or was thinking of the financial viability for a solicitor to run the claim. Financial losses accrue far quicker and usually far in excess of the claim for injuries, which can lead to increased costs and a more 'attractive' claim for the lawyer running it, but no good lawyer puts that first.

That said, given the injury is only 2 days old here, financial losses appear minimal and we don't know the pub's response to a claim... There are lots of variables that need to be clarified.

I_wanna_live_for_free

OUCH!

I sprained my ankle and ruptured the tendons around 12 years ago. I was in plaster for 6 weeks and took nearly a year of physio. Hopefully it's not too painful for you, I still shudder at the thought of it. I don't see a problem with going back at the same time of night and taking photos of the area where it happened - it could be you do have a claim for negligence, I don't know - but a 30 minute chat with a solicitor (with photos) will help you.

Hope your ankle heals well xx

McKneff

OP i can sympathise with you, all I did was go over sideways on an uneven paver in my own garden, tore ligaments, couldnt put my foot down for 3 days and even then it was agony for the next 3 weeks. I mistakenly thought I'd be okay in a few days, I wasnt, the nurse at the hospital says that torn ligaments can actually take longer than a break and can be more painful. I thanked the lord for the first 2 days that we had wooden flooring, because sliding around on my bottom was the only way I could get around the down stairs of my house.

Rest and good painkillers is the only way to go, easier said than done when youjve got little ones, could your OH take a few days holiday.

onlyroz

I sprained my ankle earlier in the year by falling over in Tesco carpark, and it's still not quite right now. In my case it was entirely my fault, just being clumsy falling over my own feet, and the security staff were incredibly anxious to make sure that I was OK and that I was able to get home (probably were worried incase I'd tripped over a dodgy paving stone and wanted to sue them).

However, if you think there is a safety issue in this particular carpark then it is your moral duty to report it to the pub to make sure that the same thing doesn't happen to somebody else. Whether you actually want financial recompense is another matter, and only you can decide how far to take things.

MarilynMonroe_2

Thing with foot and ankle injuries is, in my opinion, they never truly heal and you end up with weaknesses, depending of course how bad it is.
I've broken th esame foot twice now and I feel it will never be as strong as my other one.
So anything you can do to prevent other people injuring themselves is a good thing.