Claiming For Pavement Accident Claims
Slipping and tripping accidents can cause various types of injuries; ranging from minor injuries like bruises, and cuts, to major problems like broken bones and lacerations resulting in serious infections. If you’ve been unfortunate enough to trip on the pavement because it was uneven or broken, you may have the right to make a pavement accident claim. Pavement claims include raised paving slabs, potholes, and other defects. If your injury was a direct consequence of these issues, you should be entitled to get compensation.
Unfortunately, injuries happening due to pavement defects happen very frequently. The condition of potholes and uneven pathways deteriorates every year, and financial cutbacks to council budgets, topped with harsh weather in the winter period lead to more damage and an inevitable delay in repair.
The responsible authorities are doing their best to monitor and fix potholes, raised paving slabs, and damaged kerbs on a frequent basis, but the delay in repair continues to pose a big risk of personal injury to the general public.
How To Make Pavement Accident Claims?
Tripping on an uneven, damaged or raised paving slab does give you the right to make a claim, However, there are several criteria that must be met to make the victim eligible to go for a personal injury claim against the authority. For instance:
- The Size Of Pavement Defect Must Be at least 1 inch or 2.5cm
When you choose to make a compensation claim against the council for slipping on a defective pavement, you must ensure that the defect that caused the incident was at least 1 inch. For instance, if you tipped because of a raised paving slab, it must be a minimum of 2.5 cm or 1 inch above the normal level.
- The Accident Must Be Claimed Within The Time Limit
The victim must make the claim for their injuries within the outlined three-year duration from the date of happening, to be eligible. There are some exceptions to this rule as well. For instance, if you were under 18 when the incident happened, the three-year duration commences from the date you turned 18 years old. Also, a parent is allowed to make a compensation claim on the behalf of their children within the three-year limit.
- There Should Be a Notable Injury
If you are going to make a negligence claim for slipping against the council, you should have suffered a personal injury. You won’t be entitled to compensation if you weren’t injured. Claiming compensation for “what could have happened” will not be considered.
The personal injury solicitors in Edinburg will let you know if your injuries are worthy of going for a claim after having a thorough discussion with you. Considering the severity of your injury and other factors, they will decide to take up the case, on a no win no fee basis.
- You Should Have Taken Medical Help
It is extremely important to seek medical attention right after getting injured due to a trip over a raised pavement or pothole. Having a medical record as evidence will make your claim strong and will prove in court that you have suffered an injury as a consequence of the accident. The medical reports and certificates matter. Getting your wounds nursed by a friend or family member would be of no help in personal injury claims.
Make Sure You Record Ample Evidence To Support Your Claim
Similar to other compensation claims, it is always advisable to record as much evidence as you possibly can. Ideally, you should take a lot of photos of the pavement or pothole. Also, it is a good idea to put something in the pothole or the defected pavement that clearly demonstrates the size. You can also use a ruler, tape measure, a coin, matchbox, or any other item that provides a clear indication of the size of the affected area. Along with photos, you can also collect other shreds of evidence.
For instance, if you see any witnesses, make sure you get in touch with them and collect their names and contact details. Moreover, you can also write a letter or email to the local authority to report the pavement accident. However, if you do report the accident through a letter or mail, make sure you have photographic evidence of the defect. Otherwise, if the pavement gets repaired before your case gets into the investigation process, your claim won’t be strong enough to win compensation. All the evidence you keep safe will be of significant help for the Edinburgh solicitor you hire to deal with your case.
