To sue for personal injury?

[PhilomenaBunk]

On Saturday I went to spectate at my ds's sporting event.
We were advised by the basketball coaches that the toilets had flooded and we'd have to use the outside toilets (weather was rotten all weekend) the side of the court got really drenched and unknown to me was very slippery.
During half time I went to leave the court (I was dressed casually with training shoes on) and didn't see the water on the side and skidded, smashing my head on the wall and knocking myself out
I've ended up with a badly fractured leg, broken wrist and concussion.

I'm devastated as I just started up my own business which is physical , I'm completely immobile-my husband has had to take 2 weeks holiday from work then my sisters will move in with me to help out with my 3 children. I've been told the minimum time I'll be on my feet is 4 months.

I'm not sure what the right thing is to do, obviously it's early days and I'm in agony. I don't know how we're going to be able to manage taxi fees to 3 school, flights for one sister and the loss of income to me etc.

Any advice gladly welcomed.

Thank you all
Why would the basketball coaches lose their homes????

I know in most cases it would be advisable to use a solicitor I'm just saying you don't have to.

As some previous posters have said most claims don't get as far as court....insurers usually only like to go to court if it's a 'slam dunk' or they're pretty sure the claimant is dodgy, etc.

In OP's case I'd be massively surprised if it got to court. There are enough details in the OP's account (assuming they're correct which a claims investigator would determine) that would mean the insurers view would be liability is likely to attach and therefore they would try and settle.

Philomena they wouldn't lose their homes. That's silly.

This is exactly what insurance is for. I think you should claim.

Hope you feel better soon x

That's the most ridiculous post on this thread Julie8008'

With injuries like the OP's, she really should use a solicitor. Valuing a range of injuries isn't something a lay person can really do. It takes years of experience to be able to be proficient at valuing multi-site injuries and complex financial losses.

Minor whiplash? Go for it yourself. Broken bones / concussion etc? I'd really advise using a solicitor.

Human beings are not intelligent enough to know that rain makes surfaces slippy

As I'm sure you know full well, humans do tend to expect the ground under their feet in public places to be relatively safe, even - gasp - when it rains.

I am picturing some of you tentatively making your way down a rainy high street on tip toe, surely you know that's not how most of us act? If the outside toilet facilities at this venue turn potentially deadly after a light shower, then some intervention is necessary!

Ouch.

Whatever the outcome, the lesson is that anyone not under the umbrella of work sick pay needs to think about this possibility. There is possible blame here but there are accidents where there won't be.

Why would the basketball coaches lose their homes?

Well lets just hope they have the extensive insurance, covering public slips in the rain, and are not just enthusiastic dads volunteering to help the local community.

@Julie8008
Unless the coach's own the building then they're not liable, they only sign posted to the toilets so how on earth have you got the idea that they are? Are you not understanding the same thing the rest of us are?

Speak to a lawyer. Don't use one of the no win no fee shysters who advertise on tv. Go to a reputable PI firm. Ideally one that specialises in PL claims.

Liability will probably be disputed. Most PL claims aren't conceded quickly. This means you can't bank on getting an early interim payment on account of your losses and expenses.

Do keep a record of all your losses. You can only claim for those which are foreseeable, and you have to mitigate your loss ie keep it to a minimum.

If you've only just started ypur business you may struggle to make any real claim for loss of earnings. How can you prove what you would have earned? You may want to think about what evidence you could put together to support that.

Lots of injury claims are now funded by contingency fee. So the solicitors will take a small percentage of your damages if you win. They will explain this to you though.

No win no fee, surely the other side should pick up the solicitors fees so her claim is unaffected?

Your injuries sound terrible, poor you. I don't know the legalities around this but I do understand that all venues have a duty of care and this is why they have to have public liability insurance for situations such as yours. I had public liability insurance for my shop to cover this kind of thing and I was friendly with a woman who's son fell through railings on the mezzanine level of a restaurant and sustained life changing injuries.

I've got a couple of thoughts, was the accident book completed by a member of staff? Your fractures were very severe for a fall, have you had your bone density checked? You might want to ask for a DEXA scan to measure this once you're feeling a bit better. Good luck with your claim and your recovery and remember to do what they physio tells you!!!

Queenofthestress
When you get lawyers involved anything goes. We don't know that the coaches had permission to authorise use of the outside toilets. Its possible their use of the facilities only included use of the toilets in close proximity.

Julie8008
You would have thought that it'd include use of outside facilities, OP will have to just contact a lawyer and see what happens, I don't know why I didn't think of that, I would presume they're authorised, but you're right you never know

@Julie8008
Why can you not edit these things to tag people, I did reply upthread

We don't know that the coaches had permission to authorise use of the outside toilets. Its possible their use of the facilities only included use of the toilets in close proximity.

In which case, they were potentially at fault. They - or their club - will be insured. They may be co-defendants. Who knows?

Go to a reputable PI firm. Ideally one that specialises in PL claims

Yep. Get advice, decide from there.

Are the coaches volunteers? I also suspect that they did not have formal permission for use of the outdoor toilets if they were hiring the indoor venue. They were probably only trying to help as the indoor ones were out of order. What did the coaches say to you after the accident?

Julie you very clearly have no idea what you are talking about and are just spouting hysterical and scare-mongering nonsense.

The coaches will not be personally sued for this at all. All buildings used by the public will have public liability insurance to cover against accidents and injuries taking place on the premises. Nobody will go after a sports coach for a PI claim, it will be the insurance company that pays. The insurance company will pay out if there was negligence, e.g. in the form of not warning people about the slippery floor and not taking measures to reduce the slipperiness of the surface (e.g. by putting down a mat).

You wouldn't tell people to just suck it up if they had a car crash due to someone else's negligence, so this is no different.

A lawyer wouldn't touch anybody who didn't have insurance so you are talking absolute bollocks Julie 8008.

FFS. I hate it that people don't realise most people with successful claims will face real financial hardship for their injuries and the payout normally mainly reflects lost earnings. The amounts of money for the injury itself are pretty derisory. In these situations if anybody is in danger of losing their home, it's normally the injured party.

A successful personal injury claim isn't a lottery win. The law states that it will only put the injured person into the position they would be had the injury not happened. You also have to establish fault. There's so much rubbish spouted by people who haven't got a clue.

I'm so sorry to hear about your injuries and definitely speak to a specialist lawyer as they'd be able to advise more than us.

I also second chatting to your doctor about a bone density scan. Your injuries are very serious for a slip in the wet and if you're going back to a physical job when you've recovered it would be useful to know.

Good luck.

I hate it that people don't realise most people with successful claims will face real financial hardship for their injuries and the payout normally mainly reflects lost earnings.

Exactly. You're looking at a few thousand for pain, suffering and loss of amenity. The rest is for past and future losses. I once worked on a multi-million pound brain injury case where the eventual settlement was 12m. Less than 1% of that was for PSLA. Every other single penny was accounted for to cover the huge cost of caring for a brain injured person. People who go on about 'claims culture' really don't have a clue. We have a shitty welfare state that treats disabled and ill people with contempt and gives them the bare minimum needed to survive. Why on earth should people not claim where an accident happened that was not their fault and will now cause them significant financial loss?

My sympathies OP, I had a very similar injury not long back - broken leg and damage to wrist (though not broken thankfully).

Don't be too despondent. I was back in work after 11 weeks and certainly didn't require outside "help" even though I'm a single parent (other than lovely school mums doing the school run for me).

Less than 1% of that was for PSLA. Every other single penny was accounted for to cover the huge cost of caring for a brain injured person. People who go on about 'claims culture' really don't have a clue. We have a shitty welfare state that treats disabled and ill people with contempt and gives them the bare minimum needed to survive. Why on earth should people not claim where an accident happened that was not their fault and will now cause them significant financial loss?

Excellent post.