Accident compensation claim lawyer uk, no win no fee injury specialist - Kevin Bolton solicitor

UK solicitor explains how to calculate the amount of compensation you can claim for a shattered ankle in a trip accident

Trip Accident Victim Question

I tripped in hole in the road in Harrow in London. I stumbled – my ankle went over on one side of ankle then on other side hit the ground then I smashed ankle off the kerb

A witness called an ambulance and I was taken to hospital, diagnosed with a broken ankle – surgery was required to have a metal plate and pins inserted in my ankle.

The hole in the road was approximately 3 inches deep. I am using a solicitor already to make a claim and the council have accepted liability.

How much is the average payout I can expect for a shattered ankle injury?

Trip Accident Solicitor Response

As you have a solicitor acting on your behalf that solicitor should have obtained a medical report from an independent orthopaedic consultant. The medical report should set out the exact nature of your injuries together with a prognosis setting out how long your symptoms will last into the future together with any permanent symptoms, restriction of movement in your ankle or disabilities.

Only an analysis of this report will give your solicitor the ability to provide an estimate of the amount of compensation you can receive for pain and suffering (general damages) and financial losses (past and future lost income, medical expenses, etc.)  for a shattered ankle injury.

Alternatively – your solicitor might obtain the opinion of a barrister who will study the most recent case law detailing shattered ankle injuries similar to the one you have suffered. In this was average compensation payouts can be calculated and provided to your solicitor in a document known as “a barrister’s opinion on quantum”.

To see examples of the amounts of compensation you can claim for a broken ankle injury in a trip accident click ankle injury compensation claim payout amounts.

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UK public liability solicitor sets out how to claim compensation if you have suffered injury from a trip accident over a raised grid or manhole cover, the statutory defence of reasonable maintenance and the medical experts necessary to describe facial injuries including scarring, a broken nose and damaged teeth

Trip accident victim question

After leaving a venue following a meal, I was walking towards bus stop.  My heal  got caught on a 1.5 inch lip on a manhole cover situated on a pavement causing me to fall directly onto my face.

A passer-by witnessed me fall and came to my assistance. I was dazed and my mouth and nose was bleeding. An ambulance was called and I was taken to Accident & Emergency at Hospital In London.

I was diagnosed with a broken nose, two black eyes and smashed tow incisor teeth which could not be saved. I also have cuts to my lips, mouth and gums and I believe I will be left with a prominent scar.

I have since been back to the manhole cover and taken photos. The lip of the cover is standing proud by at least 1.5 inches.

Is it possible to make a claim and if so who can I claim from?

Public liability solicitor response

Liability of the council, local authority and United Utilities depends on several factors including the height of the defect. The general rule is that a defect must be over an inch for liability to attach.

You have indicated that the height of the defect was over 1.5 inches so on the face you could have a claim.

However – for this type of public liability claim a statutory defence known as reasonable inspection and maintenance can debar a claim. In other words – if the council / United Utilities can show that inspections took place on a regular basis (for example every 6 months) and the defect developed in-between inspections the council might not be liable for your injury claim.

As it seems that as grid has the defect I imagine that the body responsible will be United Utilities – but the council will also have records of who conducted the grid works.

To find the council’s position – disclosure of the records held by the council and United Utilities can be obtained by a specialist solicitor. Even if the records show a maintenance record – this can be checked with local residents to see whether the defect has been in existence for some time and whether complaints have been made to the council.

Should the council not have a statutory defence – medical evidence will be necessary to detail your injuries possibly including: a plastic surgeon report to describe your facial scarring; a dental report to describe the your teeth damage and an orthopaedic report to describe your broken nose, black eyes and other injuries to your mouth.

To make a claim for your injuries click grid manhole cover trip accident claim solicitor or alternatively I will be happy to call you back in person to discuss your accident.

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How to decide if you have a claim for compensation following a trip slip fall accident

Trip slip fall accident victim question

“I was out walking my dog close to my home when my left foot caught something on the pavement causing me to trip forward. As I was holding the dog lead with my right hand I instinctively put my left hand out to break my fall as I hit the ground. My left wrist made a cracking sound and immediately swelled up. Thankfully two passers by came to assist me and called an ambulance. Whilst waiting for the ambulance we noticed that a paving stone was sticking up by about 4 centimetres just where I tripped. At hospital I was treated for my trauma and diagnosed with a spiral fracture of my left wrist.

Can I make a claim for compensation for my accident and if so who can I claim against?

Specialist trip slip fall solicitor response

Personal injury lawyers classify accidents into several different types, as each type has a different procedure to follow to decide if you have a compensation claim.

The type of trauma you have suffered comes within the name of a trip slip fall accident.

The procedure you should follow to decide if you can make a claim for compensation following a trip slip fall accident in England and Wales is as follows:

1. Identify who was responsible for the maintenance of the pavement where your tripping accident occurred

You have said that you where close to home, so you may know if the pavement was under the control of the council or was private land or an unadopted street.

I suspect it would be a council pavement. In any event a specialist accident solicitor would be able to check this for you by a simple enquiry with the council.

2. Examine the size of hazard on the pavement which put pedestrians’ safety at risk and caused your fall

You tripped on a raised pavement that you describe as being approximately 4 centimetres in height. The height of the raised pavement is essential to you claim, so I recommend if you can that you, some family members or friends attend at the accident scene and take photos – if at all possible the photos should have a ruler or other measuring device clearly shown indicating the exact height.

3. Consider the severity of your personal injury

If your personal injury is worth over £1000 you can rest assured that, should you decide to use a personal injury solicitor to make your claim, you will be able to recover your legal costs as in addition to your compensation.

A spiral fracture of the wrist is worth well over £1000.

4. Contact a specialist accident solicitor as soon as possible to start your compensation claim

You have three years following a trip slip or fall accident to start a claim before it is legally to late, but for this type of accident claim it is essential that your solicitor acts immediately to gather all the evidence necessary to win your claim.

This will include taking witness statements whilst you accident is fresh in their mind, attending at the scene of your trauma to inspect and photograph the defect and interview local residents to see if any previous complaints have been made to the council about safety concerns with the pavement.

Click slip trip fall claim to see the page I have written setting out in more detail all the steps to claiming compensation following a slip trip fall accident claim.

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