Personal Injury Claim?

dearlouise

In March last year I slipped into a large pot-hole walking the dog with my partner at the time (now ex). Got taken straight to A&E and I had a spiral fracture of my ankle bone and was in cast for nearly 3 months. Missed having a plate put in by the skin of my teeth. It was a traumatic time as I had to have 3 months off my PGCE (teacher training) course meaning I very nearly didn't finish - I also nearly didn't find a job as I couldn't apply until I knew I could complete. I luckily got the last and only job that came up, at a school I dislike (but even luckier I have found a different one for September). I was very depressed during the 3 months, started taking anti-depressants (still am). You could say that the whole incident was the start of the end of mine & my partner's relationship. Which I'm now landed living at my Mum's. But that part is by the by...

Hospital at the time asked where the injury occurred, and I explained it was on land behind our estate, which I though was public greenland. Part of Cannock Chase. There is an entry path from the estate onto the land, with pathways & what-not, so access is welcomed. However there is a road which is still sometimes used, which is full of pot-holes, some a metre wide and 6" deep, and metal protruding from the ground in some places. It's quite dangerous. But given its greenland off a housing estate, people walk their dogs there, and go onto the wrekin from there.

Anyway later in the year, just before we split up, the Police came door to door asking if we'd noticed anything going on over the back on the land, owned by the Coal Board... I asked a few questions and it appears the land was and still is own by the Coal Board.

Obviously I think there are grounds for a Personal Injury Claim. I spoke to a representative from a law firm, one of those that advertises on the radio, and they deemed there to be a case, but I lost their details when I moved, since then they've ceased to contact me.

I'm obviously willing to go to court should it be necessary, however do you think there is a way to deal with it outside of court? Something such as me writing to them, them offering a (lower) settlement than I would receive via court...? Or should I hire a solicitor? If that's the best process, what would be the best method. I work full-time so wouldn't be entitled to legal aid or anything like that, but I don't have a lot of spare cash.

Just looking for some advice really. Thanks in advance.

unholyangel

Basically you'd be looking to prove that:

1) they owed you a duty of care
2) they were in breach of that duty
3)the breach of duty caused the damage
4) that the damage is not too remote.

You can approach them outside of court and they may offer to settle but they may not. Really all depends on circumstances and unfortunately we dont know enough of those to say what they'll do one way or another.

Spank

dearlouise wrote: »

In March last year I slipped into a large pot-hole walking the dog with my partner at the time (now ex). Got taken straight to A&E and I had a spiral fracture of my ankle bone and was in cast for nearly 3 months. Missed having a plate put in by the skin of my teeth. It was a traumatic time as I had to have 3 months off my PGCE (teacher training) course meaning I very nearly didn't finish - I also nearly didn't find a job


which is actually "I did pass & I did get a job" so that's not relevant


as I couldn't apply until I knew I could complete. I luckily got the last and only job that came up, at a school I dislike (but even luckier I have found a different one for September). I was very depressed during the 3 months, started taking anti-depressants (still am). You could say that the whole incident was the start of the end of mine & my partner's relationship. Which I'm now landed living at my Mum's. But that part is by the by...

Hospital at the time asked where the injury occurred, and I explained it was on land behind our estate, which I though was public greenland. Part of Cannock Chase. There is an entry path from the estate onto the land, with pathways & what-not, so access is welcomed. However there is a road which is still sometimes used, which is full of pot-holes, some a metre wide and 6" deep, and metal protruding from the ground in some places. It's quite dangerous.


But you think it's Ok to walk your dogs there


But given its greenland off a housing estate, people walk their dogs there, and go onto the wrekin from there.

Anyway later in the year, just before we split up, the Police came door to door asking if we'd noticed anything going on over the back on the land, owned by the Coal Board... I asked a few questions and it appears the land was and still is own by the Coal Board.

Obviously I think there are grounds for a Personal Injury Claim. I spoke to a representative from a law firm, one of those that advertises on the radio, and they deemed there to be a case, but I lost their details when I moved, since then they've ceased to contact me.

I'm obviously willing to go to court should it be necessary, however do you think there is a way to deal with it outside of court? Something such as me writing to them, them offering a (lower) settlement than I would receive via court...? Or should I hire a solicitor? If that's the best process, what would be the best method. I work full-time so wouldn't be entitled to legal aid or anything like that, but I don't have a lot of spare cash.

Just looking for some advice really. Thanks in advance.

As it's private land you could be done for trespass if you try and claim so I'd go to an NWNF solicitor first.

DevCoder

DJ Compo in the house...

Cant decide between

http://www.youtube.com/watch?v=SA_MghuRygM
or
http://www.youtube.com/watch?v=PFJuvtoQei4

bris

Did you report it at the time, take photos etc? Or do you just expect to be able to say yes [EMAIL="m@Lord"]m'Lord[/EMAIL] I fell down that hole honest.

JJ_Egan

How is Cannock Chase near the Wrekin ???

Where exactly is this Coal Board land ??

George_Michael

dearlouise wrote: »

However there is a road which is still sometimes used, which is full of pot-holes, some a metre wide and 6" deep, and metal protruding from the ground in some places. It's quite dangerous. But given its greenland off a housing estate, people walk their dogs there, and go onto the wrekin from there.

You were fully aware that it was full of potholes and "quite dangerous" yet you still chose to walk there and because you were injured due to your choices and actions, you are looking for someone else to blame.

I take it that personal responsibility isn't included in the subjects that you teach.

Crazy_Jamie

Realistically you need to go to a solicitor with all of the information and evidence that you have and get them to assess prospects. Tripping claims are difficult to succeed with at the best of times, and whilst the land being in a general state of repair would be a positive sign as far as your prospects of success are concerned, the main issue that I envisage here is in relation to your factual evidence. Did you take any photographs of the pot hole that caused you to fall? Did you measure it? Would you now be able to locate the exact spot that you fell? If the answer is 'no' to any of those questions, particularly the first one, you could be in significant difficulty in any event simply because the burden is on you to prove the facts of the case. If you do not have evidence of the defect that caused you to fall you are potentially going to have serious problems with that.

The law also changes significantly depending on whether you were a visitor to this area or a trespasser. The Coal Board would owe some duty in any event (under one of two iterations of the Occupiers Liability Act), but that is a notable issue and one that you would need a solicitor to look at.

You can approach the Coal Board if you want, but without any knowledge of the law and without an idea of the strengths and weaknesses of your own case you are unlikely to convince them to settle the case. In which case your only option is to go to a solicitor, which I would advise in any event if you want to pursue this. The instruction would be on the basis of a CFA ('no win no fee') so you wouldn't need to pay solicitor's fees to pursue the claim.

Caz3121

Legaltalks, this is a UK forum, I doubt your New Jersey company can help in this case. Post reported as SPAM

mattyprice4004

If you do win, use the money to visit Specsavers.
But seriously, don't become another money-grabbing statistic.

dearlouise

bris wrote: »

Did you report it at the time, take photos etc? Or do you just expect to be able to say yes [EMAIL="m@Lord"]m'Lord[/EMAIL] I fell down that hole honest.

It was reported at the hospital, yes. They will have a record.
I do have photographs.
Last time I checked, they were magistrates in court?