If you live in the UK, then the odds are very probable that you have come across poor pavement. According to the Department of Transport, the percentage of defective footways and roads has steadily increased since 1995. And while there have been some minor efforts to correct some of the more dangerous and more populated pavements, for the whole, the problem remains quite extensive. The result is that many individuals have sustained injuries from these raised pavement flags.
Granted, most of the injuries sustained are minimal ranging from small abrasions on the palms to light bruising. Yet, many people sustain greater injuries resulting in the necessity to file a claim with their local counsel (resulting in over £500 million average a year paid in compensation). If you have been the victim of defective pavement resulting in injury, here is what you need to know before you file a claim.
Due to the number of claims which are filed within the UK every year regarding defective pavement, requirements were placed upon the level of defectiveness on a raised pavement flag in order for a person to file a claim. Pavement must be a minimum of 1 inch high or deep from the surrounding pavement. Whereas you can file a claim on injuries sustained from a defective slab less than one inch, the likelihood of winning such a case is bleak unless special circumstances showing gross neglect on the council’s part can be shown.
Raised Pavement compensation claims are dependent upon a great many factors. Primarily, the person who is filing the claim must have sustained an injury. Emotional and psychological damage cannot be grounds for compensation on a pavement claim. Secondly, the person who sustained the injury must show that the injury was a result of negligence to maintain and repair the pavement. If proper precautions have been taken by the council to minimize the risk of falling or injury, you will need to hire a claims expert to help show how the maintenance and repairs were not sufficient. In most cases you cannot file on behalf of a non-dependent, although there may be certain circumstances which would allow you to do such (such as the victim sustained injuries which have made it impossible to function).
Even if you have sustained an injury and even if you meet all the filing requirements, you still must be able to present a strong case to the council. Persons filing a claim need to have:
A documented report of the incident – If you have fallen and sustained injury from a raised pavement flag, then you will need to have a police report, incident report, or other form of documentation giving the date, time, and the specifics of the incident. Should you have witness testaments, such should be presented along with your documentation.
Information about the area in which the injury was received – filing a form for public records on the location where the injury was sustained will show whether there have been claims regarding that particular flag prior to your incident. Should you find that the council was aware of the danger and failed to act to repair/replace the pavement, your chances of winning your claim increase.
Medical Documentation – For your lawyer and for the council to validify the injuries sustained from the pavement, you must have received medical diagnosis for your injuries. Persons who have been involved in a fall from defective pavement should immediately seek the diagnosis and treatment of a doctor, nurse, or medical practitioner. Should surgery or physical therapy be required, keep a record of the duration and financial obligations of such treatment.
Please note that if you do not have medical records, you can still file a claim, though it will be more difficult. Do not if you have minor injuries enhance your injuries for compensation as this is illegal as well as extremely dangerous to your health. If you have fallen and are currently undergoing treatment from a doctor, nurse, or practitioner, continue to abide by their advice.
Injury claims must be filed within a specific amount of time. And while you have 3 years to file a claim for compensation based upon an injury sustained from raised pavement or defective flags, it is ill advised to wait until then. Minors can file after they turn 18. However, keep in mind that the time restrictions start the day that the injured turns 18 years of age. Again, it is more likely that that the person will win his or her case if filed sooner rather than later.
In all compensation claims, the duration of the injury, the severity of the injury, the probability that injury could occur, as well as the level of negligence on the part of the council will be called into question. Using a claims lawyer in your proceedings will give you the best advantage to present these considerations properly and receive the compensation you deserve.
If you have suffered a raised pavement flag injury as a result of an accident that wasn’t your fault then you may be able to make a claim. Call Tylers today on (freephone): 0800 699 0079 to see if you can make a claim today.
Let’s Make Things Better
Start your claim today!
We accept Nationwide raised-pavement flag compensation claims
No matter where you were injured in the UK, Tylers Solicitors are just a telephone call away from giving you expert advice about your raised-pavement flag compensation claim. If you would like to contact us about claiming compensation in the UK then telephone 0800 699 0079 today for a no obligation chat.