accident claim

[patrixcia]

i recently filled an accident claim form from local Council after having a fall. They have refused me compensation, would it be worthwhile to contact a lawyer to act on my behalf?

[Eve]

If you gave some detail suggesting you might have a legitimate claim then it might help your case as your reluctance to suggest it was anything more than you slipping on wet steps which seemingly, in the circumstances, would not be unforseeable and trying to claim off someone.

It also may shed some light on the potential strength of your claim is that is all the ammunition you have as you've not come back on any other points here.

I think it has touched a general nerve with people who are fed up with the compensation culture in general where ramifications are being felt by the wider public, trying to pin a wider and far less tangible liability on someone for incidents to get some money out of it. I'm not accusing you directly, am speaking generally.

I've tripped and similar a number of times in a number of different situations and have sustained a number of injuries but have just got on with things, no-one else was at fault to my mind, I should have been more careful and sometimes it was just one of those things.

[hc4361]

You still haven't said if you were using the handrail.
Were you wearing sensible shoes, had at least one hand free of baggage?

[society]

Patrixcia, perhaps if you had given the information you give in your last post, your would have gotten more understanding responses.

[Andyvon]

I'm sorry if my post brought back memories of caring for your mother Patrixcia. My mother died of breast cancer and I was there for the last few months so I have some idea of what it is like. If I had known you had suffered the serious injuries you mention I wouldn't have made my point so plainly.

However, your thread doesn't give any details and I too had the impression you had just slipped on wet steps. There is a lot of irritation with the compensation culture as the many spurious and unnecessary claims take credibility away from genuine claims like yours.

I hope you have recovered and settle things to your satisfaction.

[patrixcia]

hello Jenna1978 thank you. I would have given more details about my accident if i had known people would have reacted in the way they did. I,myself have no time for people lying to make money. I will think twice before asking for advice again. though.
thank you once more
regards patrixcia

[The-HouseHusband]

Can you now walk and carry on with your life??

Have you lost your Job because of the fall??

Did you carry out a full risk assessment before attempting to use the steps and file the paperwork in triplicate??

Seems to me that you ended up feeling sorry for your self and needed some one to take it out on.

If they have refused your claim then obviously they do not have a case against them, as others have already said you could get a no win no fee lawyer and he would get you some money, this is purely down to the fact that as others have again already said the councils know it is cheaper to settle with the rats out of court as it shuts them up and stops them having all the hassle of court appearances and costs. It is definitely not an admission of guilt on the councils behalf.

Young lads and lasses are fighting for your freedom to sue for pathetic little things like this and when they get injured or killed how much do you think they get if they dont have their own insurance.

Grow up and get on with the life you have got

[patrixcia]

Hello Andyvon it's ok, no need to apologize, I to have no time for people who are constantly looking for compensation. I will think twice before doing it again, even though in was a genuine accident. I was wearing sensible shoes,and did use the hand rail. It happened that quickly on minute was on my feet and then falling down steps.couple coming up steps phoned ambulance for me.

[Mamyalynne]

Patrixcia it is a bit disheartening how your thread has turned out, the only thing I would say is this, are you saying the steps were damaged or just wet?

They certainly look steep and challenging and a set I would be unable to attempt.

If just wet, then no chance, if you can prove damage ignored by council as others have said then take it further.

[patrixcia]

hello mamyalynne thanks, yes it was, i never expected that. the steps were damaged as well as wet. not sure if i want to put in a claim now after all the comments made about me. will sleep on it thanks again

[daffy654]

Have you suffered any financial loss? If not then you don't deserve any compensation. If however you had to take time off work and your income suffered you MAY have a case.

[Mamyalynne]

I may just add that some years ago I had a nasty accident which resulted in multiple fractures ( I walked into a Bollard, whilst my sight was obscured by a low sun) passers by called ambulance and within 7 hours was plastered and titanium splinted,the doctor at A&E said that if they put these bollards at the max limit they would cause only a winding,but at the minimum height they break kneecaps, like mine in two places, ouch. But they are perfectly legal, for two years almost everyone asked if I was going to put a claim in? But to who? The sun? I live with the legacy of that accident but I do not deny those who have true claims.

(resultant damage a right wrist broken in two places and a left kneecap smashed in two)

[patrixcia]

hello Mamyalynne sorry about you accident, sounds horrific what you went through.Thank you for your reply, greatly appreciated.
regards Patrixcia

[Barmaid]

Have a look at the Occupiers Liability Act 1957 - the relevant law is contained therein.

However, whether the council have breached that duty is a different matter (in one famous case someone slipped and fell off the Cobb at Lyme Regis because it was wet and slippery due to algae - the Court found that they were not liable under the OLA).

You could contact a "no win, no fee" lawyer - they will generally not take on a case unless they can assess the chance of winning at 55% or more.

[Dee Sa]

I happen to know the lady who posted this question and I am amazed at some of the answers.
It was a genuine accident, she spent some hours in hospital and obviously it spoilt her holiday.
The injuries were visible for quite sometime after and her journey home after the holiday was extremely difficult.
I personally hope she does get compensated, she is not looking for megabucks just for the council to prevent it happening again.

[ummmm]

>I personally hope she does get compensated, she is not looking for megabucks just for the council to prevent it happening again.<

If she was only interested in preventing it happening again all she has to do is highlight the problem to the council...not sue..!!!

She wants money...end of.

[ummmm]

I might sue B&Q....I tripped over the wallpaper stripper last night......such long hoses are a danger...and I have a bruise on my knee...sod being careful..!!