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Manhole and Utility Cover Claims
At The Injury Lawyers we get a great number of claims stemming from uncovered manholes or defective utility covers causing people injury. This is probably due to the fact that they are common in our streets, and if they are not maintained and repaired when necessary, they can easily cause someone injury.
There are a number of ways an injury can be caused by a defective manhole cover – I have given a couple of common instances below that we see here at The Injury Lawyers:
- Tripping over a defective utility cover– if the utility cover is raised, unsecured, or tilts with your weight, and as a result causes you to trip or fall, you may have a valid claim for personal injury. We have further advice on our website regarding trips, slips and falls.
- Falling down an uncovered manhole – If a manhole is left uncovered, it should have warning signs surrounding it and it should be adequately cordoned off. If you have fallen down a manhole which failed to have any of the aforementioned, then you may have a strong personal injury claim.
If you have had an accident in a supermarket that was not your fault, and you suffered injury as a result, you may have a claim for compensation.
There are a number of ways an accident can occur in a supermarket – I have listed some of the more common types of accidents below:
- Slipping on a spillage that was negligently left uncleaned.
- Tripping on an item negligently left on the floor of an aisle.
- Items falling on you from a poorly stacked shelf.
So – can you make a claim for compensation for tripping over and ending up injured? If you trip over what you believe is a dangerous defect or hazard that should not have been there, and there is another person or a company at fault for the accident, you may have a successful claim for compensation.
Examples of Claimable Defects / Hazards:
- A raised section of flooring in a premises (a shop, supermarket, etc) – perhaps a loose section of carpet or tiling that has raised up – that you end up tripping over.
- A section of concrete raised or broken away in a car park for a premises (or in the premises) that you trip over.
- An item, or item of furniture, dangerously positioned or left on a floor that causes a tripping hazard; a stool for employees to reach high shelves in a supermarket is a good example of such a hazard.
- Uneven, raised, or broken sections of concrete out on the street, or a raised manhole cover.
If you are reading this blog then you may have been involved in a road traffic accident that was not your fault, and as a result, have suffered injury. One of the most common injuries caused by a road traffic accident is whiplash. Whiplash can be an extremely painful condition which has adverse effects on all areas of your life for a long period of time. At The Injury Lawyers we have many clients who are suffering or have suffered with whiplash, and we treat the condition with the utmost respect it deserves.
A question often asked of us at The Injury Lawyers is how much we think the claim is worth – I have therefore written this blog to provide some guidance on the matter.
When valuing a claim for whiplash, a solicitor will often use:
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Theme Park Accident in Alton Towers
I was thinking today about accidents at theme parks in general – namely Alton Towers, as one of the UK’s largest and most popular theme parks. It’s actually quite close to where I live, and I’m thinking of heading down with some friends before the end of summer (which seems to be looming way too quickly). As I’m personally still suffering from my whiplash at the moment, I was wondering how this may effect it given it’s full of fast rides that will inevitably knock my neck around. But it got my thinking about the many theme park accidents there have been in the past.
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Untraced and Uninsured Compensation Claims
It is bad enough when you have been involved in a road traffic accident and your car has been damaged – particularly if your car happens to be your pride and joy, and getting it fixed is an absolute hassle. It is worse though, where it is not just your car that is damaged, but where you have been injured in the accident as well.
Where the accident was not your fault, you will often have a successful claim for compensation through the negligent drivers’ insurers if you wish to make one. But, what if you have been injured and you wish to make a claim for compensation, but the other driver either fled the scene of the accident or was not insured. How would you go about claiming compensation when the usual path is to seek it from the other side’s insurers?
Fortunately, you are not left in a scenario where you have no form of recourse. Where the negligent party has not stuck around or has no insurance, you can still receive compensation; instead of receiving it from the other side’s insurers you will get it through an organisation called the Motor Insurers’ Bureau (‘MIB’). It would be unpalatable if you were left uncompensated simply because the other side was not decent enough to stick around or did not abide by the law and pay for insurance.
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Your Medical Report for a Claim
If you are reading this blog then you may have had liability admitted on your claim and you are wondering where you will be going from here. Well, firstly, having liability admitted is the first successful step towards getting your settlement as the other side have admitted fault for your accident – so you should be pleased.
From liability being admitted, your solicitor will arrange for you to be medically examined by a suitable expert medical consultant. This medical examination should be arranged at a time and place convenient for yourself – at The Injury Lawyers we ask for the examination to be arranged with the closest consultant to you with the shortest waiting list.
Before attending your medical appointment we advise our clients to ensure they inform the medic as fully and as accurately as possible – including the full accident circumstances and the various effects the accident and injuries have had on their life. We advise this as the medical report goes into detail about these various effects and so forms the basis from which your claim can be valued.
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You may think that you know what no win no fee means – i.e. it does what it says on the tin – you lose your claim and you do not have to pay a penny. But, what happens if you win your claim? Furthermore, how does it actually work?
Well I hope to shed some light on the above in this following blog:
If you lose your claim…
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Your compensation claim explained
Quite a lot of people are aware that where they have been injured through no fault of their own they could be entitled to compensation. As such, they seek to instruct a lawyer to act on their behalf. What most people are not sure about is how claiming for compensation works. Here is a quick guide to the claiming process for most general accidents, such as accidents at work or accidents in the street.
The very first step is getting in touch with your injury lawyer and providing them with as much detail as possible about your accident. So, if you tripped over a piece of defective paving whilst you were out shopping, your injury lawyer will need to know the precise location of the defect. For example, it could be outside the entrance of a shop, or if it was outside a house, the number of the house and name of the road would be useful. Of course, taking pictures of the defect and the accident location is also particularly helpful.
Once we have all your details, the details of the accident, and we know who we are to pursue your claim against, we then compile what is called the Letter of Claim. This gets sent to the negligent third party and outlines what has happened and why we believe they should compensate you for your injuries. By law they are entitled to a period of 21 days in which to respond to this letter and acknowledge receipt.
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At The Injury Lawyers we hear from our clients on a daily basis what a debilitating condition whiplash can be. This is why we treat it with the utmost seriousness and fight tooth and nail to maximise our client’s compensation.
Causes
Whiplash is caused by a sudden jolt to the head, causing the neck to move beyond its normal range. This in turn causes nerves, muscles and tendons in the neck to be damaged. This damage causes the symptoms of whiplash that I will discuss in the following blog.
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