By Joanne Jeffries. Last Updated 5th November 2021. Welcome to this case study with information on personal injury claims payouts for a slip and trip.
Accident Claims UK are a specialist no win no fee personal injury solicitor who are able to make a claim on your behalf if you’ve got a slip trip claim against the council.
This case study demonstrates how a man received a serious knee injury following a fall and used a solicitor to make a council compensation claim and was awarded £20,000 in compensation.
In this case the man tripped as there was a kerbstone missing from the public road causinf a knee injury that was so serious he required knee surgery to put things right. However, the surgery wasn’t able to repair the knee to as good as it was before the injury and so the compensation claim needed to take this into account.
The solicitor involved had to work hard to win the slip trip claim against the council as initially they denied liability and weren’t willing to make any payment at all.
If you want to make a slip trip claim against the council then please call us for free on 0800 073 8801 today and one our specialist solicitors can assess your personal injury claim. We could provide you with information on slips trips and falls leading to a claim. We could also provide you with a personal injury lawyer to help you make fall accident claims, whether you’ve had a trip or fall accident at work, or suffered in injury from slipping on a wet floor at a department store. If you want to know more about this case and how the solicitor involved managed to overturn the council’s initial objections, then read on.
Compensation Claims Against The Council
If you’re wondering if you can make a slip trip claim against the council or if suing the council for damages is even possible in your case, then carry on reading. These are very valid questions and we’ll try to answer them as best we can but if you’re still left with questions then please use the contact us section at the end of the article to get in touch.
This guide explains how, if you were on council property and the accident was because of something they did or didn’t do, you could have a slip trip claim against the council. The question of ownership or control of the road is usually quite easy to determine – if you’re on commercial land (a business, shop, company, office etc) then you’re probably not on council-controlled land, anything else probably is including main roads, streets, shopping areas (not within centres or malls), parks and playgrounds. Again, if you’re not sure we can find out on your behalf.
If you’re involved in an accident and want to proceed to a slip trip claim against the council then some really good advice is to get evidence. Photograph the defect that you think caused the accident, that could be a pothole, damaged kerb, street furniture (road signs, seating etc or temporary road works and road repairs.
If you have a photo or video on your phone, then this can help with your slip trip claim against the council which was a tactic used by the solicitor in this case who took subsequent images to show the council still hadn’t made the repairs 6 months after the claimant’s accident. Furthermore, any witness statements and CCTV footage can support the claim if the council denies eligibility.
The other question when making a slip trip claim against the council is which council to make the claim against. It can be quite difficult to ascertain who to make council compensation claims against as in some areas the city council will be responsible for roads but in others it’ll be a larger authority like a county council – but don’t worry, we’ll work out which council is responsible for the road where your accident took place. We’ll also give you insight into how many years from the date of the accident you have to claim, as there are usually time limits in place when claiming trip or fall compensation.
What Injury Happened As A Result Of The Council Accident?
In the case we are reviewing the man slipped as a kerbstone was missing and landed badly on his knee which would’ve required a trip to A&E and later on he had to have surgery to repair his knee.
He therefore decided to seek a slip trip claim against the council as he’d suffered extensive pain and suffering and he’d been informed by the medical professional that assessed him that he’d never fully recover and would be left with discomfort for the rest of his life.
Common knee injuries that can lead to slip trip claims against the council include:
- Fractures of the knee.
- Sprains and tears of soft tissue and ligaments.
- Bursitis – fluid held in sac above the knee joint that helps with movement but a fall can cause damage, cause pain and swelling.
- A dislocated knee cap or sometimes called a patellar dislocation.
- A meniscal tear – if following a slip or trip, the cartilage becomes damaged then the edges of the cartilage can irritate the knee joint and cause pain and swelling.
Other injuries can be caused and result in a slip trip claim against the council. If you’re unsure then please get in contact and we’ll review your medical records with you to see how best to proceed with your claims against the council for damages.
How Was The Claim Against The Council Conducted?
The solicitor went about gathering evidence to support the slip trip claim against the council and to provide that the council were indeed liable. They sent a road engineer to assess the damaged kerb and, importantly photographed it. Subsequent photographs 3 months and 6 months afterwards confirmed that the council still hadn’t repaired the issue highlighted by the claim and these were used to back up the claim.
It is well known that councils are struggling at the moment but when a risk has been highlighted to them they have a duty of care to ensure nobody else, council staff or members of the public, are at risk. Repairing the defect would, of course, reduce the risk of any subsequent slip trip claim against the council as well.
Upon receiving the slip trip claim against the council, they denied any liability and so the personal injury solicitor was forced to lodge court proceedings against the council as they believed that the case was strong enough to proceed and win.
Finally, and without going to court, the council conceded that they were liable and could’ve prevented the accident from occurring by repairing the kerbstone.
What Payout Did The Council Make To The Claimant?
After admitting liability following the slip trip claim against the council an amount of £20,000 was agreed as compensation for the claimant. This had an element to cover the pain and suffering caused as a result of the accident and further it covered future pain and suffering because the claimant is going to have to live with some pain for the rest of his life.
This shows how a specialist personal injury solicitor can make a difference when you make a slip trip claim against the council as, in this case, if they deny liability, the case against them needs to be strong to ensure payout without a court appearance.
In out experience, a slip trip claim against the council, and other personal injury claims, it is very rare to have to attend court. Around 99% of cases are settled out of court but we only settle out of court if the amount offered is fair for our clients.
No Win No Fee Claims Against A Council
When considering making a slip trip claim against the council clients often worry about the cost of the legal fees in mounting the claim. Some solicitors charge an hourly rate and, even if they lose the case, this can run into thousands of pounds.
We don’t believe this is fair and so offer a, risk-free, no win no fee service for slip trip claims against the council. We offer a free initial consultation with you to hear your side of the case and if we think it’s got a chance of winning you compensation then we’ll take your case on as a no win no fee service. We’ll not charge you anything before the case is settled and if we don’t secure compensation then you don’t have to pay us anything at all.
Talk To Our Team Today About Personal Injury Claims Payouts For A Slip and Trip
Now that you’ve seen how important a professional personal injury solicitor is when making a slip trip claim against the council, and you know about our no win no fee service, we hope you’re ready to get in touch and tell us about your accident.
Accident Claims UK can be contacted by any of the methods listed below:
- Telephone: 0800 073 8801
- Email: firstname.lastname@example.org
- Live Chat: On every page of our website
- Our Contact Form: click here
Could I receive personal injury claims payouts for a slip and trip that led to a fatal injury?
Whether you are looking to claim for an accident at work, or a road traffic accident, making a claim for a lost loved one can be traumatic. If your loved one has been injured in a slip and trip accident while they were at work, it would be up to you to prove that the accident could have been prevented had their employer taking care of their health and safety. Unfortunately, sometimes fatal accidents do happen in the workplace. According to their Health and Safety Executive’s statistics for 2020- 2021, there were 142 different people who lost their lives in work related incidents. You can see the breakdown of the causes of these accidents below, but you may note that some of these include falls from heights, which could be the result of a slip or trip as well.
If you are intending on making a claim for a wrongful death or fatal accident, we could help you. It could be traumatic to go through the details of your loved ones passing, However, our sensitive and knowledgeable team could help you fight for the compensation you deserve for their wrongful death. During your compensation claim, you could obtain compensation for not only the funeral expenses caused by your loved one’s death. You could also receive compensation in the form of a bereavement award for yourself. If you are financially dependent on your loved one, there could be some financial compensation for the loss of this support as well.
How can I maximise personal injury claims payouts for a slip and trip accident?
In order to maximise your compensation payouts, you would need to provide good, solid evidence. Not only would you need to provide evidence pertaining to any special damages you’re claiming, such as loss of earnings, travel or medical expenses, for example. You would also need to ensure you provide good medical evidence of your injuries. The medical evidence she produces part of your claim could significantly impact personal injury compensation payouts in the UK. You would need to see an independent medical expert, who would write a detailed medical report which describes your injuries and how they have affected you. The report could even include details of your prognosis. Specialist solicitors, authorised and regulated by the Solicitors Regulation Authority could use this to negotiate for the maximum compensation settlement for your claim. This is why having a good lawyer on your side could help you. If you would like us to provide you with a solicitor with years of experience who could fight for the maximum compensation settlement possible for your claim, please do not hesitate to get in touch. We would be only too happy to provide you with a free, no obligation case assessment. If we believe you could have a strong claim, we could provide you with a solicitor to help you on a no win no fee basis, no matter where in the UK you are based.
Useful Links Relating To Personal Injury Claims Payouts For A Slip and Trip
If you still want to know more before making a slip trip claim against the council then here are some more guides which may be useful:
NHS Knee Pain – a guide to knee injuries by the NHS
Local authority compensation claims – Our guide that covers not only slip trip claims against the council but other types of claims as well.
Thank you for reading this this case study with information on personal injury claims payouts for a slip and trip.