Accident Advice-Personal injury

Personal injury liabilities arising out of road/car accidents have been explained in the article on vehicle accidents. Other situations that may lead to personal injuries are the so called “slip-trip-fall” that can happen in a public place, such as a shop/mall/supermarket, roads or someone else’s property. Should the accident happen because of someone’s negligence, claims can be raised.

If you happen to slip and fall on a surface at any of above places because the floor/surface was wet or greasy and there were no warning; the owner is open to liability. Places owned by municipality/councils need to be well maintained by the agencies. Should an accident happen because it is not, then liabilities lie with these agencies. Such incidents include situations such as road surfaces that are iced over and slippery. Failure to grit and maintain pavements and public places would lie with the local area authority or the council.

However, the extent of liability is being debated in courts these days, and this makes it more difficult to achieve the desired effect, with the claim. You would need to take advice from an experienced solicitor to ensure that the claim is effective. Ice related accidents on someone else's property, a car park or access areas are held to be “occupier’s” responsibility. These claims, unlike other injury claims, are settled far more easily.

Medical advice is the first thing you should seek. However, gathering evidence related to the incident is equally important to make an effective claim. These steps will ensure the protection of your legal position. Particularly if you are seriously hurt, these things may be the last thing on your mind, but, just consider how easy it is for the liable party to simply correct the problems that caused the accident. It is quite easy to remove debris or the spillage, or any other defects for that matter, after you have left to get medical care. Once that happens, there is no longer any proof of how dangerous the situation really was. Thus it is vital that you or an associate collect the necessary details as soon after the accident as possible.

The following items are a pointer to the nature of evidence that helps your case.
First on the list are any witnesses who would have seen the accident happening. Please make sure you have their name, addresses and contact details such as phone/fax/cell numbers, e-mail address if available etc. Report the incident to whoever is in charge of the premises such as the shop manager or a duty manager. Logging the incident this way will avoid any dispute at the time of claim.
Photographs are immensely helpful. Photos of the scene are an absolutely top of the list requirement. Photos of the place, the floor surface on which you hurt yourself, and so on, are the most important evidence. Supporting evidence such as, whether signs were posted warning you of the hazard, the kind of clothes you were wearing at the time, photos of the injured areas of your body, etc are all useful supporting evidence.

The above are only some essential and useful pointers. The point is that you should gather as much evidence as possible beyond what is discussed here to establish that a defect existed on the premises and that led to the accident. In that case whoever is the owner/occupier of the property is liable for the same.
Once that is done, of course, turn the details over to an experienced solicitor; someone who is experienced in your type of accident. This site helps you locate such an expert and ensures that a “no win, no fee” kind of settlement becomes available to you.

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