What Are Pedestrian Injury Claims?
If you were to sustain an injury due to tripping, slipping or falling on a hazard in the street, you may be eligible to claim compensation for your injuries through pedestrian injury claims. Claims for pedestrian injury compensation are legal civil actions 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 streets in a safe condition.
What is Meant by a “Duty of Care”?
In order to successfully make pedestrian injury claims for compensation, it has to be proven that a council, utility company or other third party was negligent by failing to identify the hazard which was responsible for your accident in the street and have it repaired or cordoned off. This breach in their duty of care makes the negligent party liable for your injuries and gives you the right to claim pedestrian injury 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 pedestrian injury claim is being made had not had a reasonable period of time in which to identify the hazard and rectify it – it may not always be possible to claim compensation for a pedestrian injury. For this reason, it is always in your best interests to discuss your pedestrian accident and injury with a lawyer at the first practical opportunity.
Pedestrian Injury Claims and your Health
When making pedestrian injury claims, in addition to establishing that a council, utility company or other third party was in breach of their duty of care, it is also important to prove that your pedestrian accident resulted in an injury. Consequently it is vital that, after sustaining an injury when tripping, slipping or falling in the street, you seek professional medical attention as soon as possible.
By visiting a hospital or your family GP, the injuries that you sustained in your pedestrian accident in the street will be recorded in your medical notes along with any ongoing treatment or long term consequences to your health. The administration of first aid at the site of your injury or when you returned home is insufficient proof that an injury has occurred when making a claim for pedestrian injury compensation.
Making a Claim for Pedestrian Injury Compensation
Once it can be determined that you have suffered an injury in the street due to the negligence of somebody who was in breach of their duty of care, you can make a claim for pedestrian injury compensation. The procedure for making a pedestrian injury 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 three months to conduct their own investigation into your pedestrian 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 pedestrian injury claim. Should liability be contested for your pedestrian accident, your lawyer will issue court proceedings – an action which often initiates an offer of settlement from an insurance company keen to save money on court costs. As an offer of settlement for your pedestrian injury claim may be made to you directly, it is important to be aware of how much compensation for a pedestrian injury you may be entitled to in order that you do not inadvertently accept an inappropriate offer.
How Much Can I Claim for a Pedestrian Injury?
How much compensation for a pedestrian injury you will be entitled to receive will depend on the nature and severity of your injury in relation to your age, sex and general state of health prior to your accident in the street. The way in which your pedestrian injury affects your quality of life will also be taken into account and it is advisable that you maintain a diary in order to record the occasions when you are unable to perform everyday tasks or participate in social and leisure pursuits as a consequence of your accident and injury.
Any expenses you have incurred for medical treatment can be recovered in a pedestrian injury claim, along with any costs for alternative forms of transport if you are unable to drive and any loss of earnings if the injury you sustained in the street prevents you from working. Consequently, no two claims for pedestrian injury compensation are the same – even when the injuries sustained are identical – and this is the reason why you should always seek professional legal advice when making a pedestrian injury claim for compensation.
“Contingency Fee” Pedestrian Injury Claims
Most lawyers will offer a free preliminary assessment of your personal situation and advise you whether you have a claim for pedestrian injury compensation which is worth your while to pursue. Should you have a pedestrian injury claim for compensation which has a strong likelihood of success, you may possibly be offered legal representation on a “Contingency Fee” basis.
“Contingency Fee” pedestrian injury claims enable you to pursue compensation for your injuries without having to worry about lawyer´s fees if your claim for a pedestrian injury is unsuccessful. However, as you may be liable for the negligent party´s legal fees if your case is lost, lawyers offering “Contingency Fee” pedestrian injury 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 additional protection if necessary.
Free Legal Advice about Pedestrian Injury Claims
If you, or somebody close to you, have been injured due to tripping, slipping or falling in the street and sustaining an injury for which you were not to blame, you are invited to call our freephone service and discuss the circumstances of your pedestrian injury directly with an experienced public liability lawyer. Our lawyer will provide you with practical and helpful advice which is relative to your personal circumstances and answer any questions you may have about making pedestrian injury claims.
There is no obligation on you to proceed with a claim for pedestrian injury 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 pedestrian injury to maximise the likelihood of a successful pedestrian injury claim.