Injury claim

pjjafc

Hi

I'm not sure if this is in the right section, but just a quick question around compensation. On Friday I tripped over on a very badly kept pavement and smashed my collarbone into 4 bits. I'm having surgery tomorrow, but is there any blame in there? I'm employed so there wouldn't be any loss of earnings, but surely I'm due something in terms of compensation!.

Also, would you go alone or go with a company? Any recommendations?

Thanks in advance

stator

Go out and take some photos of it straight away. Whether you are entitled to compensation will depend on whether the owner of the pavement knew about the problem or whether they should have known about the problem. If the fault only developed that day then you might not be entitled to anything. But if the owner has known about it for 6 months and done nothing you should be. It would also depend on whether you were taking due care or being wreckless etc.

Sorry I don't know any solicitors. Check your insurance policies to see if you have any legal cover? If you do it would probably be cheaper to use them than a no-win no-fee solicitor.

pjjafc

Ok many thanks. I've heard from some elderly neighbours they always avoid that pavement because of the condition. I'll ask my wife to take some pictures for me. Thanks for your help!

ACG

I tripped over an un-evan curb once as a kid and cut my knee. My mum shouted at me for being careless... I might have also been given a belt for being stupid (I got a few as a kid though so could be mixing it up).

Its not like the curb went un-evan just as I was taking my step.

It taught me a valuable lesson... look where im going.

If your entitled to any compensation then I hate this country even more than I already do at times. If you were blind I could maybe understand but if your not I dont see how it could be anyones fault other than your own.

pjjafc

Thanks for your really helpful reply ACG. Maybe concentrate on your grammar and try and understand the difference between "you're and your" rather than posting pathetic and pointless replies on these forums. Many thanks.

geri1965_2

OP, some useful information here

http://www.lexisnexis.com/uk/lexispsl/personalinjury/document/393870/55KG-FP91-F18H-K0V4-00000-00/Highway%20accidents%E2%80%94overview

Mojisola

pjjafc wrote: »

I've heard from some elderly neighbours they always avoid that pavement because of the condition. I'll ask my wife to take some pictures for me. Thanks for your help!

If they haven't reported it to the council, that isn't much help. The council has to have known about it but failed to remedy the problem.

One of our neighbours reported a problem several times - within hours of a pregnant woman tripping over and needing hospital treatment, the pavement was repaired - too late for her to take photos but several people acted as witnesses for her about how long the pavement had been in need of repair.

Still take photos but have something in them for scale to show the problem. You might not take things any further but have the photos taken in case you want to.

Quentin

Not a recommendation, but there is good advice on what to do after a pavement fall here: http://www.thompsons.law.co.uk/other-accidents/pavement-accidents-personal-injury-compensation.htm

"In cases involving defective pavements, we would recommend that you take your photographs with a ruler shown in them to show how deep / high the defect was."


(Ignore ACG - MSE does attract bullies like this for some reason)

ACG

Your welcome.

Nice to see being a grammatical whiz means your also mature enough to deal with a reply you do not like.... Who said I do not understand the difference? Making a spelling mistake/grammar mistake and not understanding the difference are completely different.

I could turn round and say you falling over a pavement means you can not walk, but we both know that is not the case.

I would say best of luck but I would prefer to see the money stay in the councils coffers to be honest.

chanz4

in pain but more worried about compo

Aretnap

This will doubtless cause much wailing and gnashing of teeth from the sanctimonious but the gov.uk website has a handy page to assist you in claiming compensation for injuries caused by damaged pavements

https://www.gov.uk/claim-compensation-injury-road-pavement

Though personally I'd want to use a solicitor rather than trying to deal with the council directly, especially for a fairly serious injury. If your home/contents insurance policy includes legal expenses cover then you might be able to get some help through that, otherwise I'd probably look for a local no win no fee company, though that might mean paying them a percentage of any compensation (up to 25%) in the event of a successful claim.