How to claim after a trip, slip or fall- 5 things you must know.
4th Mar 2008
“The fatal law of gravity; when you are down, everything falls down on you.”(Sylvia Townsend Warner, novelist)
“Not if I represent you!”(Iain Gould, Personal Injury Solicitor)
Falling over in a public place is embarrassing and painful. There’s not a lot we can do about that. But we can help you get better, get compensated, and get on with your life. Iain Gould, personal injury solicitor and partner at David Phillips and Partners explains how…
Get expert representation
Anyone can claim to be an expert. Not many people truly are. Iain Gould has been working exclusively as a personal injury solicitor (lawyer) for over 14 years. He’s been appointed twice to the Solicitor’s Regulation Authority’s expert Personal Injury panel, which means that he’s been independently assessed as an expert in his field. He’s also a ‘litigator’ with the Association of Personal Injury Lawyers. He’s recovered millions of pounds of compensation for people over the years. One of his more recent cases settled for over £1.5 million alone, although he also deals with lots of lower value cases too. “I enjoy the challenge,” Iain says. “It’s especially satisfying for me to take on the ‘big boys’ on behalf of an injured accident victim, and win. The law can be complicated when dealing with these claims, so I often have to use all my experience and skill to get the right result for my client. It’s rewarding for the client, and for me.”
Know your claim
One reason why accidents in public places can be tricky is because there are different laws which apply depending on where and how the accident happened. For example, you may have been hurt through no fault of your own:
- If you tripped and fell over a raised paving flag on the pavement.
- If you slipped on a spillage in a shopping centre, council building etc.
- If you fell through a broken floorboard in a tenanted property which the landlord knew about, but didn't fix.
“Accidents on the pavement or roads are usually, but not always, dealt with by the local council,” Iain says. “We have to show that, among other things, they failed in their duties to you as a road user under the Highways Act. In particular, they failed to regularly inspect and maintain the area where you fell.” He goes on to point out that, “the road or pavement must only be maintained to a ‘reasonable condition’. Because this varies depending on the type of surface, the amount of people using it, the nature of the defect which caused your fall, and even the weather, it’s important to get early expert advice to see if you can prove that the council failed in their duty.” Accidents in private premises, such as shops, offices and tenanted buildings, are different again.
As Iain Gould points out, “these are dealt with by different laws. You have the ‘common law’, which has built up over time by decided cases, and statutory duties which are created by Acts of Parliament. The owner of the place where you fell has different duties depending on the circumstances.” So, again, Iain recommends getting in touch and seeking expert advice from a dedicated accident compensation solicitor such as him.
Help us; help you
“The quality of the evidence we get can make or break a case,” remarks Iain. “It’s vital that you get information to help us prove your claim as soon as possible.” In practice, this means:
Getting names and addresses of witnesses to both the accident itself, and how long the defect which caused you to fall was there (if possible)
Get seen by a doctor and make sure that they record the accident circumstances properly. If you’re given a sick note, keep a copy
Take photographs and a sketch plan of the accident site so we can identify it. “I recommend that people use their mobile phone cameras if they have one. It’s quick and convenient, and can be good evidence as it shows the defect which caused the accident shortly after it happened.”
Get your home insurance documentation, and any union membership details, together. This will help us find out quickly how we are to arrange for your case to be funded. “The most important thing is to contact us immediately after you’ve received medical help,” warns Iain. “This is because the defect can be fixed before we get the chance to have it checked out, making it far harder for us to prove your claim.”
What to claim for
“If you’re likely to receive damages of more than £1,000, I’ll be able to help,” notes Iain. “Valuing injuries is an art, more than a science, and is something which takes years of experience to learn.” Iain points out that, “although we have guidelines for injuries, everyone is different, so they can’t be treated as gospel. It’s best to contact me, so I can get full details of your injuries, and then honestly advise you if your claim is worth pursuing.” Iain warns that it’s virtually impossible to value injuries accurately shortly after the accident. “We instruct expert doctors to prepare medical reports, which give us details of your injuries, and your likely recovery period. These are vital in helping us assess your claim.” As well as injuries, he points out that you can also claim for:
- Lost earnings while you were off work recovering
- Travel expenses to and from doctors and the hospital
- Physiotherapy and other treatments to help you get better
- Care and assistance provided by family and friends
- Damaged clothing, glasses and personal items
- Medical expenses, such as painkillers, supports etc.
- Stamps, phone calls, photo processing costs
- In more serious cases, the costs of alterations to the home to accommodate wheelchairs, for example
“Every case is different, so I always talk to my client about what they need to claim for at the beginning of the case, and as it’s proceeding,” says Iain. “Keeping receipts and a care diary are vital, as these help prove the claim to the insurers and, if necessary, the court.”
Paying for your case
Iain’s proud to say that, “my firm has been doing accident claims on a ‘no win, no fee’ basis since they were first introduced in 1997. In that time we’ve recovered millions of pounds for our thousands of clients, at no cost to them, win or lose.”
“We don’t charge our clients any fees, at any time, and they always receive 100% of their compensation,” he confirms. “We’re able to do this because we have confidence in our clients. We’re literally putting our money where their mouths are!” As Iain Gould says, “Most of us aren’t used to falling over. We haven’t done it since we were children! It’s shocking, scary embarrassing, and it hurts! Not, being properly compensated afterwards only adds insult to injury. It’s my job to make sure that doesn’t happen. ”
Iain Gould can be contacted at David Phillips and Partners on 0800 027 7870, e-mailed at info@dpp-law.com, or contacted by completing the form on the right of this linked page.