Medical Negligence
Pearson Legal
Full Credential Description
When a client slipped on ice, we were able to recoup £100,000. 00 in a personal injury compensation claim.
In this case our client’s livelihood as a foster carer was directly affected by her injury, she suffered significant injury, loss and damage and was unable to work for almost 1 year. Sadly, she was also unable to continue to care for the 15-month-old already in her care due to the severity of her injury. She suffered a compound fracture and dislocation of her right ankle, having to be taken to the Royal Oldham Hospital in an ambulance.
Our client had to stay in hospital for a short period for an operation and had to spend the next four months non-weightbearing. Personal injury claims under Occupiers Liability Act Lisa explains how claims under the Occupiers Liability Act typically work: Duty of Care Under the Occupiers' Liability Act 1957, those in control of premises (the "occupiers") have a duty of care to ensure the safety of visitors. Proving Negligence To make a successful claim, you’d generally need to demonstrate that: the occupier (e.
, not gritting an icy path after reasonable notice) and this breach led to your injury. It’s also necessary to show that the injury caused you specific losses, as was the case here with lost income, in addition our client’s mother and sister had to step in to care for her and her family. Finally in proving negligence documentation is critical.
Courts may be lenient in extreme weather events where ice builds up faster than it can be cleared. In addition contributory negligence is considered, i. if you were not wearing appropriate footwear or ignored warnings about icy conditions, compensation may be reduced under contributory negligence.
Public & Private Land Claims involving public property, like council-managed pavements, may be harder to win than those on private property. What personal injury compensation covers If you succeed in a claim your compensation will cover: medical costs, rehabilitation and therapy, loss of income due to injury, pain and suffering, as well as any long-term disability or reduced earning capacity.
Time Limits Clients should also be aware that the limitation period for a personal injury claim is typically three years from the date of the accident. “If you feel the occupier did not take reasonable steps to prevent your injury, we can help assess your claim’s viability and guide you through the legal process. “Slip, trip and fall accidents are common, especially at this time of year, but when they affect your livelihood and lifestyle your compensation claim can go some way towards helping you get back on your feet again”, adds Lisa.