Quizzes & Puzzles10 mins ago
Fall due to negligence
Hi ya guys. I was at work yesturday and to cut a long story short floor was wet after being cleaned no wet sign was up and I fell down th stairs hurting my shoulder quite badly. Went to a local drop in centre today they have looked at it and given me strong painkillers etc.. The nurse thinks its just bad strain. When I fell my arm was literally pulled up and behind me. Its quite badly bruised & I have had to come home today because it hurts so much. I filled out the accident book but didnt seek medical help the same day, really because I didnt want to waste hospital time as it didnt hurt too much when it happened. This is all on CCTV. Where do I stand legally?
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For more on marking an answer as the "Best Answer", please visit our FAQ.To have a chance with any claim you have to prove negligence, i work as a personal injury claims assessor so i see these claims every day, if you are looking to make a PI claim, then as long as you feel that your company were negligent ie, no wet floor signs, did not have a regular schedule of cleaning and you feel that you have been out done by the company ie loss of wages, in pain, maybe for two weeks or two years. The fact that you did not seek medical advice on the same day does not really have any bearing on your claim. if you have only been to the doctors once who prescribed you pain killers, then to be honest you may be successful if you can prove negligence but not many solicitors will take on a PI claim if your compensation looks to be less thn �1000 as they will not get their costs paid. To be honest something like thing unless it is going to cause you long time of pain and bother you may wish to write to your employers insurance company direct and go from there.
You have 3 years from the date of the accident to make a claim for compensation for personal injury.
So you have plenty of time - you don't need to be see a solicitor while you are in such agony.
Ask for a copy of the CCTV footage in the first instance, make a careful note of the dates and times of the accident.
Keep a diary of pain; hospital and doctors appointments and treatment/medication.
Also record how you are affected - sleep disturbance; inability to dress yourself, wash yourself; normal household tasks; drive; leisure activities and so on.
Keep a careful record of all associated costs - loss of wages; cost of prescriptions/medication; cost of travel to and from doctor/hospital/physio.
By the way - not all accidents are somebody else's fault. If you are worried about meeting your bills because of accident, injury or illness you should take out suitable insurance cover.
So you have plenty of time - you don't need to be see a solicitor while you are in such agony.
Ask for a copy of the CCTV footage in the first instance, make a careful note of the dates and times of the accident.
Keep a diary of pain; hospital and doctors appointments and treatment/medication.
Also record how you are affected - sleep disturbance; inability to dress yourself, wash yourself; normal household tasks; drive; leisure activities and so on.
Keep a careful record of all associated costs - loss of wages; cost of prescriptions/medication; cost of travel to and from doctor/hospital/physio.
By the way - not all accidents are somebody else's fault. If you are worried about meeting your bills because of accident, injury or illness you should take out suitable insurance cover.
If your wife had a shower, left the bathroom floor wet and you slipped on it, would you sue her because she hadn't rushed out with a "wet floor" sign?
If you go out in the rain and slip in the street on a bit of wet paving, are you going to sue the council because they didn't rush out with "wet pavement" signs and mop up all the water during the thunderstorm?
Of course not. It was an accident and accidents happen. This is what life is all about. Sh1t happens. Sometimes nobody is too blame, sometimes you yourself are to blame.
You can't sue somebody else for every one of lifes mishaps. These mishaps serve to teach us a lesson and that lesson is to take more care.
If you go out in the rain and slip in the street on a bit of wet paving, are you going to sue the council because they didn't rush out with "wet pavement" signs and mop up all the water during the thunderstorm?
Of course not. It was an accident and accidents happen. This is what life is all about. Sh1t happens. Sometimes nobody is too blame, sometimes you yourself are to blame.
You can't sue somebody else for every one of lifes mishaps. These mishaps serve to teach us a lesson and that lesson is to take more care.
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Our local council has had to stop making essential repairs to amenities because so many people have been making compensation claims against them,they are paying sky high insurance premiums to make sure they have the money to pay out to these fraudsters(mostly) and the money from that has to come from the public purse. I agree people should be more responsible for their actions and stop trying to blame accidents on everyone else.