I was running for the bus the other morning and tripped on the pavement, am I entitled to make a compensation claim for bruising after falling in the street?
You may be entitled to make a compensation claim for bruising after falling in the street if you can demonstrate that your accident was caused by a poorly-maintained public footpath, however your claim may be complicated by the fact that you were running for the bus.
It could be argued by the negligent party’s insurers that you contributed to your own injury by running, demonstrating a lack of care on your behalf for your own well-being; this is known as contributory negligence. The amount of compensation you are entitled to claim for bruising after falling in the street may be reduced to reflect your own lack of care if this is found to be the case.
If the value of your compensation claim is reduced it may not be worthwhile pursuing compensation. Therefore you should speak with a personal injury claims solicitor once you have had your injuries tended to by a medical professional.
A solicitor will be able to evaluate your claim taking into account all the external factors which could alter the amount of compensation you are entitled to. Once that stage is completed, your solicitor will be able to advise you on the next step you should take.
If the footpath was poorly maintained then the council are negligent, however if you intend to pursue your claim for bruising after falling in the street, you will need to gather evidence to support your compensation claim. This includes photographs of the footpath, testimonies from people who witnessed the accident and if any cameras are present on the street, CCTV footage of the incident.
Subject to your approval your solicitor will send a ‘Letter of Claim’ to the council’s insurance company informing them of your intention to seek compensation. They then have twenty one days to acknowledge receipt of the letter and a further ninety to indicate whether to accept liability for your accident.
If they do not accept liability your solicitor will initiate court proceedings, although this does not mean your claim for bruising after falling in the street is guaranteed to end up in court, speak with a personal injury claims solicitor to find out more.