If you are making a claim for injury compensation as a result of a tripping accident , there are ways that you can help to ensure that you have the best chance of winning. Anyone who falls as a result of a damaged or unsafe pavement, footpath or floor surface has a right to put in a no win no fee claim. With tripping accidents, it isn’t always obvious as to whether or not you have a viable claim, but there are basic criteria that can help you find out more about your chances of making a successful claim.
Any claim for injury compensation needs to be supported by strong evidence, evidence that helps prove liability against the 3rd party defending the claim. In the case of a tripping accident, one of the most important bits of evidence will be photographs of the accident site and the hazardous pavement or footpath that caused someone to fall and sustain injuries. The accident site area is referred to during the claim as the accident locus.
When it comes to making a claim for injury compensation after a tripping accident, most claimants have tripped and fallen because of a pothole on a pavement or a loose and raised flagstone. To make a successful claim, a specialist injury compensation solicitor will need to show that the pothole or raised flagstone presented a tripping hazard that is at least 1″ above or below the surrounding surface level. With this in mind, it is really important that photographs are taken of the accident site, ideally with close up shots and some showing the hazardous area from distance with landmarks visible to prove where it is. In this modern world where we all carry phones with cameras, it is now much easier to take photographs and they can really help maximise your prospects of your claim succeeding. Most people won’t carry a tape measure or ruler out with them, but to help prove the depth of a pothole or height of a raised flagstone, you could use a 50 pence piece rested against the edge of the hazard and then take a close up shot of it. Whilst this only gives an approximate measure of the height/depth of the defect, it does help to prove that the site was dangerous and should have been repaired.
For examples of how best to take photographs, read our article ‘How do I know if I can claim after tripping on a broken pavement?‘ as there are useful examples of tripping accident locus photographs that could help you with your claim for injury compensation.
Reporting your accident
To really give your claim the best chance of succeeding, you should always ensure that you report the details of your accident, injuries and the hazard responsible to the right people. In the case of a tripping accident, it’s usually best to contact the highways department of the local authority that is responsible for managing the locus area where you fell. Be aware that in many cases, local authorities will inspect any reported area promptly and if a hazard is found, it may be repaired rapidly. This highlights how important it is to take photographs of a tripping accident site immediately. You could also contact us to let us help you with your claim. We can visit the site and take photographs for you if needed, but if the site has already been repaired, it becomes very hard to prove that the hazard is ‘actionable’ and that the defendant should admit liability.
At Direct2Compensation we work with excellent specialist injury compensation solicitors who are experts in succeeding with claims for injury compensation after tripping accidents. All claims are run on a fully compliant no win no fee basis that means that you will not pay any costs whatsoever should your claim fail to succeed.
Remember that all claims must be made within 3 years of the date of an accident. We advise that you do not delay making your claim as it could affect the outcome.