Street Fall Injury Claims

Street fall injury claims enable you to recover compensation when you have been injured in the street due to the carelessness of an authority or an individual who owed you a duty of care. Claims for street fall injury compensation should take into account the effect an injury has on your quality of life in addition to any physical pain you have suffered and emotional trauma you have experienced in the accident, and you should also be able to claim any expenses you have incurred which are attributable to your accident in the street in order that you are no worse off financially than if your fall in the street had never occurred. Make sure you receive comprehensive advice about making street fall injury claims by discussing the circumstances of your accident with an experienced solicitor on our freephone Solicitors Advice Panel.

Woman Seeking Compensation for a Fall on a Cracked Pavement

May 4th, 2015 | By injuryclaims

A woman is seeking compensation for a fall on a cracked pavement which resulted in her needing hospital treatment for leg, knee and head injuries.

Gwendoline Smith (76) from Noak Bridge in Essex sustained her injuries when getting off of a bus on which she had travelled to Southend. Gwendoline – who is partly disabled and uses crutches for support – tripped and fell over the raised edge of a cracked pavement on Bournemouth Park Road.

Gwendoline was taken to Southend Hospital, where she received treatment for a suspected broken knee. She has subsequently had to attend the nearby Basildon Hospital due to ongoing headaches and bumps appearing on her head.

The fall on the cracked pavement has left Gwendoline with pains in her back, her left shoulder and left leg, and she has also temporarily lost her voice. According to her son – Michael – Gwendoline should be entitled to compensation for a fall on a cracked pavement.

A spokesman for Southend Council said: “We regularly inspect all pavements in the borough and repair any dangerous defects as a matter of priority. We have not had any reports of problems in this area, but of course, we take matters like this seriously and a member of our Environmental Care team will visit the site and inspect the area”.

Claims for compensation for a fall on a cracked pavement are particularly complicated. The “one-inch rule” (by which the lip of a broken pavement must be raised) before it is possible to make injury claims for trips and falls is a myth, and courts are more concerned about the risk of injury presented by a particular hazard.

In 1978 (in Pitman vs. Southern Electricity Board) a court found in favour of a woman who had tripped over a metal plate just one eighth of an inch thick, and the location of the cracked pavement – immediately by a bus stop – may help towards the success of Gwendoline´s claim for compensation for a fall on a cracked pavement.

However, Southend Council does not have an “absolute” duty of care to identify and repair hazards such as cracked pavements. If the crack had only recently appeared and the council not had a “reasonable” amount of time to repair or isolate the hazard, Gwendoline may not be entitled to compensation for a fall on a cracked pavement.

Procedural Changes Aim to Speed up Personal Injury Compensation Settlements

August 3rd, 2013 | By injuryclaims

New procedures introduced on the 1st August should speed up personal injury compensation settlements for claims with a value of less than £25,000.

In April 2013, several changes to the way in which personal injury claims were handled were introduced following the passing of the Legal Aid, Sentencing & Punishment of Offenders Act (LASPO). The most noticeable of these changes affected “No Win, No Fee” injury claims, and how “After the Event” insurance premiums and solicitors´ “Success Fees” could no longer be recovered from the negligent party´s insurance company; however the most recent changes have been designed to reduce the length of time it takes to resolve claims and make sure that claimants receive their personal injury compensation settlements quicker.

The primary changes concern how long a negligent party´s insurance company has to acknowledge and respond to a “Letter of Claim”. Whereas before an insurance company could take up to three weeks to acknowledge that a “Letter of Claim” had been sent to them, they now have to do this within one day. Furthermore, insurance companies are now required to inform your solicitor whether or not their client agrees they were responsible for your injuries within thirty days (forty days for accidents at work). Previously, insurance companies could waste ninety days before admitting their policyholder´s negligence, even when their client had already admitted responsibility for causing an accident.

Insurance companies who fail to adhere to the new procedures for personal injury compensation settlements will have the claim for personal injury compensation removed from the Ministry of Justice´s Claims Portal and have to pay the additional costs of defending the claim using the course of action, unless the claim falls into one of the following categories:-

  • Public liability claims for compensation against an individual
  • Employer liability claims against more than one defendant
  • Any personal injury compensation claims in which the claimant is partly responsible
  • Public liability claims relating to a disease (for example food poisoning)
  • Claims involving mesothelioma, abuse or medical negligence
  • Claims against a party who is uninsured

The procedural changes apply to claims for injuries which have been sustained or diagnosed in England or Wales on or after 1st August 2013 , and have no effect on the Statute of Limitations – the length of time you are allowed after an injury has been sustained or discovered in which to claim personal injury compensation.

Should you require further information about personal injury compensation settlements, and how the changes to the personal injury claims procedures may affect you in your specific situation, you are advised to speak with a solicitor at the first practical moment.

Cycling Injury for Child Compensation Settled Out of Court

July 23rd, 2012 | By injuryclaims

A boy, who suffered head and leg injuries after his bicycle was struck by a vehicle, has had the settlement of his child cycling injury claim approved by the High Court .

Bartosz Zakrzewski (11), sustained the injuries in July 2010 when he was only nine years old. As he rode his three-wheeled tricycle along An Coran Street in Birr, he was struck by a car driven by Caitríona Kelly. Such was the impact of the collision with the car, Bartosz was thrown several metres from his bike and sustained significant head injuries, lacerations all over his body and a broken leg.

Through his mother, Monika, Bartosz made a child cycling injury claim for compensation against Ms Kelly – alleging that she had been negligent in her driving and had acted in breach of her duty of care. Ms Kelly denied the claim and, due to the potential amount of child cycling injury compensation that Bartosz might have received for his injuries, the case was scheduled to be heard before the High Court.

However, shortly before proceedings were about to commence, the High Court judge due to hear the case – Ms Justice Mary Irvine – was advised that the child cycling injury claim had been resolved without admission of liability and a settlement of 100,000 Euros in compensation had been agreed between the two parties. Ms Justice Mary Irvine approved the child cycling accident compensation settlement.

Child Injury Claims Compensation for Tripping on Pavement

February 9th, 2012 | By injuryclaims

A twelve year old girl has been awarded 20,000 Euros in Dublin´s Circuit Civil Court as child injury claims compensation for tripping on pavement and sustaining a permanent scar from her accident.

Kodie Geoghegan Dowdall, from Ballymun in Dublin, was just seven years of age when the accident occurred in December 2006 as she was going to visit her aunt who lived close by. Passing by a building site managed by SIAC Construction of Clondalkin, Dublin, Kodie tripped and fell into a hole dug by the construction company.

Kodie suffered cuts and bruises in the accident, one of which grew into a permanent scar. Through her mother, Kodie brought a tripped on pavement compensation claim against SIAC Construction and, although they denied liability for her injuries, an offer of compensation for tripping on pavement was made with no admission of liability.

In the Circuit Civil Court, Mr Justice Matthew Deery heard that the proposed settlement was enough to restructure the scar when Kodie turns eighteen years of age and, as all compensation settlements for minors in Ireland have to be endorsed by a judge, Mr Justice Matthew Deery approved the compensation for tripping on pavement agreement.

Child Injury Claims Action sees Trip and Fall Compensation Approved for Schoolgirl

February 8th, 2012 | By injuryclaims

A girl, who tripped and fell in a hole due to the alleged negligence of an international construction company, has had her settlement for child trip and fall compensation in a child injury claims action approved at the Circuit Civil Court.

Kodie Geoghegan Dowdall (12) was going to visit her aunt in December 2006, when she tripped and fell into a hole which had been dug by the construction company SIAC. She picked up a cut to her head which has since developed into a permanent scar, Kodie made a child accident claim against the company through her mother.

The judge heard that SIAC Construction denied that they had been negligent but offered a settlement of £16,000  in child trip and fall compensation. After hearing that the scar could be restructured once Kodie turned eighteen, Mr Justice Matthew Deery approved the compensation settlement.

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