What Are Parking Lot Accident Claims?
If you were to sustain an injury due to an accident in a parking lot for which you were not to blame, you may be eligible for compensation for your injuries through parking lot accident claims. Claims for parking lot accident compensation are a legal civil action which can be made against any party who has responsibility for your health and safety and has failed in their “duty of care” to maintain the parking lot in a safe condition.
What is Meant by a “Duty of Care”?
In order to successfully make parking lot accident claims for compensation, it has to be proven that a council, store or other private company was negligent by failing to identify a hazard in the parking lot and have it removed or repaired and that their negligence resulted in you sustaining an injury. This breach in their duty of care makes the negligent party liable for your injuries and gives you the right to claim parking lot accident compensation.
However, a duty of care is not always “absolute”. This means that if the hazard had only recently appeared – and the party against whom your parking lot accident claim is being made had not had a reasonable period of time in which to identify and deal with the hazard – it may not always be possible to claim compensation for a parking lot accident. For this reason, it is always in your best interests to discuss the circumstances of your parking lot accident with a lawyer at the first practical opportunity.
Parking Lot Accident Claims and your Health
When making parking lot accident claims, in addition to establishing that a council, store or other private company was in breach of their duty of care, it is also important to prove that your parking lot accident resulted in an injury. Consequently it is vital that, after sustaining an injury in a parking lot accident, you seek professional medical attention as soon as possible.
By visiting a hospital or your family GP, the injuries that you sustained in your parking lot accident will be recorded in your medical notes along with any long term consequences to your health or ongoing treatment. The administration of First Aid at the site of your accident or when you returned home is insufficient proof that an injury has been sustained when making a claim for parking lot accident compensation.
Making a Claim for Parking Lot Accident Compensation
Once it can be established that you have suffered an injury in a parking lot due to the negligence of somebody who was in breach of their duty of care, you can make a claim for parking lot accident compensation. The procedure for making a parking lot accident claim is that your lawyer will write to the negligent party, advising them that you are making a claim against them, and the negligent party then has 90 days to conduct their own investigation into your parking lot accident and advise your lawyer whether they will accept liability for your injuries.
If liability is accepted, your lawyer will liaise with the negligent party´s insurers to obtain the maximum possible settlement of your parking lot accident claim. Should responsibility be contested for your parking lot injuries, your lawyer will issue court proceedings – an action which often initiates an offer of settlement from a public liability insurance company keen to save money on court costs. As an offer of settlement for your parking lot accident claim may be made to you directly, it is important to be aware of how much compensation for a parking lot accident you may be entitled to in order that you do not inadvertently accept an inappropriate offer.
How Much Can I Claim for a Parking Lot Accident?
How much compensation for a parking lot accident you will be entitled to receive will depend on the nature and severity of your injuries in relation to your age, sex and general well-being prior to your accident in the parking lot. The way in which your injuries affect your quality of life will also be taken into account and it is advisable that you maintain a diary in order to record the times you are unable to perform everyday tasks or participate in leisure and social pursuits as a consequence of your parking lot accident.
Any expenses you have incurred for medical treatment can be recovered in a parking lot accident claim for compensation, along with any costs for alternative forms of transport if you are unable to drive and any loss of income you have experienced if the injuries you sustained in the parking lot accident prevent you from working. Consequently, no two claims for parking lot accident compensation are the same – even when the injuries sustained are identical – and a good reason why you should always seek professional legal advice when making a parking lot accident claim for compensation.
“Contingency Fee” Parking Lot Accident Claims
Most lawyers will offer a free initial assessment of your personal situation and advise you whether you have a claim for parking lot accident compensation which is worth your while to pursue. Should you have a parking lot accident claim for compensation which has a strong likelihood of success, you will be offered legal representation under a “Contingency Fee” agreement.
“Contingency Fee” parking lot accident claims enable you to pursue compensation for your injuries without having to worry about lawyer´s fees if your claim for a parking lot accident is unsuccessful. However, as you may be liable for the negligent party´s legal fees if your case is lost, lawyers offering “Contingency Fee” parking lot accident claims will want to know about any legal fees insurance you have attached to a household contents or car insurance policy and advise you to take out extra protection if necessary.
Free Legal Advice about Parking Lot Accident Claims
If you, or somebody close to you, have been injured in a parking lot accident for which you were not to blame, you are invited to call our freephone service and discuss the circumstances of your parking lot accident directly with an experienced public liability lawyer. Our lawyer will provide you with helpful and practical advice which is relative to your personal circumstances and answer any questions you may have about making parking lot accident claims.
There is no obligation on you to proceed with a claim for parking lot accident compensation once you have spoken with us and all conversations between yourself and our lawyers are completely confidential. We would recommend that you speak with us as soon as possible after you have received professional medical attention for your injuries to maximise the likelihood of a successful parking lot accident claim.