Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Claiming for injury

24 replies

CaptHolt · 11/08/2021 17:31

On Monday , I had a accident when walking my 5 month old in the pram
My foot went down a drain that had no cover on in the middle of the path. It's not massive so probably why I didn't see it. I have a picture of it

Today , after been on the phone to 111 I was advised to go to a&e to have my knee seen to as the pain & bruising was becoming very painful
I've soft tissue damage that should take 4-6 weeks to heal , any further problems after that have to be addressed by my GP for physio possibly

Friends & family are mentioning making a claim against the council but surely the adverts make it look too easy ?
Is the injury severe enough ? Is it a waste of time ? Is it hard to prove liability ?

Has anyone got any legal advise or personal experience with something like this ?

Thank you Smile

OP posts:
Potatoy · 11/08/2021 17:33

I know someone who tripped over a paving slab and smacked into a lamppost. I can't remember how they claimed but the key thing was going back and taking a photo of the scene before the council could alter it. With a ruler showing how far it was sticking up.

Original poster
CaptHolt · 11/08/2021 17:39

I already have a photo , my entire foot went down it so maybe that gives an indication how much is exposed
We haven't had a chance to pop back round to see if they've fixed it.
The woman on the phone seemed disinterested when we told her , so if we can pop round tomorrow with a ruler we'll do so
Thanks !

Claiming for injury
OP posts:
Potatoy · 11/08/2021 17:43

Not sure if it helps in your case but it did for the one I know of as it had been reported to them and they hadn't fixed it in months since the report and it was above the height they considered dangerous.

Potatoy · 11/08/2021 17:44

Worth seeing if its on the fix my street website if your council use it. If there's a report on there it will tell you the date it was reported.

NoWordForFluffy · 11/08/2021 17:51

You'll definitely need measurements for it as cases of this nature are won and lost of the basis of evidence like good quality photos and measurements.

Highways cases are more tricky than bog standard occupiers' liability ones as Highways Authorities have a statutory defence open to them regarding having a reasonable system of inspection and repair.

It's worth a go though.

Original poster
CaptHolt · 11/08/2021 17:58

@Potatoy

Worth seeing if its on the fix my street website if your council use it. If there's a report on there it will tell you the date it was reported.
I've just checked this website & nothing has been reported on the site Does that mean the report we gave to the council hasn't been admitted ?
OP posts:
Original poster
CaptHolt · 11/08/2021 18:00

@NoWordForFluffy

You'll definitely need measurements for it as cases of this nature are won and lost of the basis of evidence like good quality photos and measurements.

Highways cases are more tricky than bog standard occupiers' liability ones as Highways Authorities have a statutory defence open to them regarding having a reasonable system of inspection and repair.

It's worth a go though.

Thank you. I'll send my OH round soon to measure it
OP posts:
endofthelinefinally · 11/08/2021 18:05

You need photographs, measurements, photographs of your injury, medical records. Were there any witnesses?
Have a look at your home insurance policy and see if there is a legal advice clause.
If there is, ring and ask them if they offer no win no fee.
If you pursue a claim you will have to have an independent medical/xray/scan, whatever they decide.
It will be long and stressful and the solicitors on both sides will want access to your medical records.
However, there is a good chance you will get compensation and if you end up needing long term physio it will be helpful.
Not quite the same, but my DD was injured in a car crash that was completely the other driver's fault. It took 4 years for her claim to be settled and tbh, the amount she got wasn't that much.
6 years on she is still having physio and will probably have lifelong problems. On balance it was worth the claim to get something, but it was tortuous and the money ran out a long time ago.

54321nought · 11/08/2021 18:09

If you are making a claim for compensation, you need to explain exactly what they are compensating you for.

Lost earnings?

Damage to clothing\footwear?

Cancelled plans?

MrsPelligrinoPetrichor · 11/08/2021 18:12

Can't you claim for pain and suffering?

Original poster
CaptHolt · 11/08/2021 18:12

@54321nought

If you are making a claim for compensation, you need to explain exactly what they are compensating you for.

Lost earnings?

Damage to clothing\footwear?

Cancelled plans?

I'm on maternity so loss of earnings doesn't apply to me , clothing was just leggings with a hole in the knee so not important

We are suppose to be going out tomorrow to celebrate our anniversary ( all pre booked & paid for ) I don't know if I'll make it for the pain , plus the 20 min uphill walk to the venue

OP posts:
Original poster
CaptHolt · 11/08/2021 18:14

@endofthelinefinally

You need photographs, measurements, photographs of your injury, medical records. Were there any witnesses? Have a look at your home insurance policy and see if there is a legal advice clause. If there is, ring and ask them if they offer no win no fee. If you pursue a claim you will have to have an independent medical/xray/scan, whatever they decide. It will be long and stressful and the solicitors on both sides will want access to your medical records. However, there is a good chance you will get compensation and if you end up needing long term physio it will be helpful. Not quite the same, but my DD was injured in a car crash that was completely the other driver's fault. It took 4 years for her claim to be settled and tbh, the amount she got wasn't that much. 6 years on she is still having physio and will probably have lifelong problems. On balance it was worth the claim to get something, but it was tortuous and the money ran out a long time ago.
Witnesses would probably include the staff at dicksons across the road who seen such a graceful fall Plus my OH who had to help me up There was a woman who passed who mentioned it'd been there a while but she took off quite quickly Probably didn't want to hear me screaming "who left a f*cking hole in the street" 😂
OP posts:
Clarice99 · 11/08/2021 18:14

I fell/slipped down a flight of concrete steps in a local authority car park. The non-slip things had been removed from the concrete stairs and there were metal things, like little screws, sticking up - likely to have been something that kept the non-slip things in place.

I injured my back and had really severe bruising to my lower back and bottom for months afterwards. I also had cuts from the little metal screw things.

I made a claim against the local authority and got a pay out of around £3,000. That was over 25 years ago.

If you have legal cover on your home insurance or elsewhere (I'm a member of a trade union and I was eligible to use their legal cover) you have nothing to lose.

I hope that you have a swift recovery with no lasting damage Flowers

endofthelinefinally · 11/08/2021 18:15

You can claim for pain and suffering.
I was told on here that you can only claim for loss of earnings, damage to clothing/property, but IME pain and suffering is a legitimate claim. I was assured by our solicitor that this would be the case and she was correct.

Egghead68 · 11/08/2021 18:17

Contact a no win no fee lawyer. You can put in a claim for the physical and psychological effects.

Orf1abc · 11/08/2021 18:18

I don't know if I'll make it for the pain , plus the 20 min uphill walk to the venue

Ibuprofen and a taxi?

Soontobe60 · 11/08/2021 18:18

Crikey, you must have small feet if your whole leg went down that hole - it looks tiny!

54321nought · 11/08/2021 18:23

You also need evidence that you have reported the issue, otherwise the next person to fall down it can make a claim against you!

Original poster
CaptHolt · 11/08/2021 18:24

@Soontobe60

Crikey, you must have small feet if your whole leg went down that hole - it looks tiny!
Size 3
OP posts:
Original poster
CaptHolt · 11/08/2021 18:25

@54321nought

You also need evidence that you have reported the issue, otherwise the next person to fall down it can make a claim against you!
We have evidence of the time the council was rang & the name of the woman we spoke to
OP posts:
NoWordForFluffy · 11/08/2021 18:27

@54321nought

You also need evidence that you have reported the issue, otherwise the next person to fall down it can make a claim against you!
This is bollocks!

There is always bollocks spouted on this type of thread.

And personal injury alone is a perfectly legitimate claim, despite so many people on here thinking otherwise.

Original poster
CaptHolt · 11/08/2021 18:28

@Orf1abc

I don't know if I'll make it for the pain , plus the 20 min uphill walk to the venue

Ibuprofen and a taxi?

If needs be , we'll get a taxi It's not the end of the world to spend an extra £20 or so
OP posts:
Clarice99 · 11/08/2021 18:35

@54321nought

You also need evidence that you have reported the issue, otherwise the next person to fall down it can make a claim against you!
That's incorrect.

The OP isn't responsible for a hole in the pavement/missing drain cover.

Any claims made are against the highways department (or whatever they're called). They're responsible for keeping pavements safe, not the OP or anyone else who has the misfortune of falling down the hole.

Clem4579 · 11/08/2021 21:53

@54321nought

If you are making a claim for compensation, you need to explain exactly what they are compensating you for.

Lost earnings?

Damage to clothing\footwear?

Cancelled plans?

You are posting on the legal board, are you qualified to give legal advice?
New posts on this thread. Refresh page