Compensation Claims

[Janbuck]

Can anyone recommend a good firm please? There are so many these days. I have had a fall today due to a badly maintained footpath. This is the resonsibility of my local council. Has anyone had experience of making a claim. Looks like I have to have some time off work and I'm quite bruised and in some pain. Any help would be much appreciated.

[SirOracle]

Do you have a solicitor Janbuck ? If so then I would call him/her and ask if he/she handled personal injury claims. If not then would he/she advise you of someone to use.

[boxtops]

I would rather go to a solicitor experienced in liability claims than one of those no-win-no-fee claims companies. Yes you'll have to pay a fee to the solicitor, but if the council admit liability, they will pay those fees and any other costs. A NWNF company may take a percentage of your settlement....

[boxtops]

..and by the way - today, while it's fresh in your mind, write it all down, make a sketch of the location, not the height of any broken slabs above the rest of the footpath, take photographs, details of any witnesses. I used to work in liability claims, and people who noted everything straight away were able to recall much more reliably that when you are asked to fill in forms in several weeks' time.

[woofgang]

Have you spoken to the council? They may be keen to settle directly with you as it will save them paying the fees of your and their solicitor. Before you approach them, do your sums about what your actual cash loss will be, plus a bit for pain and suffering

[hc4361]

Do you get full sick pay from work?
Have you been to A&E or any health care professional?
Take photos of your injuries today and every day until the bruising has gone.
Do you use that footpath often? Have you reported it to the council before now?

The council will only be liable if they were aware of the condition of the footpath; had failed to make good within reasonable time after becoming aware of the condition of it; had failed to inspect it at regular intervals - possibly every 3 years for a footpath.

Have you any disabilities or sight problems? Had you been drinking? Did you have your hands in your pockets at the time of the fall? Was it dark? Under water?
The council will only be liable if you fell despite taking all reasonable precautions.

I agree a solicitor is much preferable to a no win, no fee compo company

[Janbuck]

Thanks everyone for your good and helpful advice. I think I will inform council first and see how they respond. I do have a witness and photos. Not 100% sure I want to go down the claiming route anyway but you've all given me something to think about.

[joko]

what is actually wrong with the footpath?

is it actually in a dangerous state, or was it just wet or something?

there has to actually be something they could have and should have fixed for it to be claimable, so you need details of the issue.

(sorry just want to clarify as a lot of people come on here thinking that any accident or fall is someones fault and they deserve compo when actually they have just tripped up and its no-ones fault)