Personal Injury Lawyer - advice and recommendations

[lifeturnsonadime]

I had a serious accident earlier this year on council pavement which was not adequately maintained. I have witnesses to the location and the state of the pavement.

Does anyone have any recommendations on how I can start a legal claim for compensation without entering into a 'No win no Fee' arrangement with a solicitor who will take a large chunk of the payout for my strong case?

Are there any firms that only claim their reasonable costs from the other side? I'm searching but not having any luck finding any.

I am currently checking with my house insurance legal claims cover but it looks like they can also insist on the no win no fee as part of their terms , which strikes me as ridiculous.

I'd be particularly interested in recommendations if anyone has any?

Thanks in advance.

You'll be lucky to find a firm that doesn't take any deduction from your damages. Since the start of the fixed costs regime (drastically reducing the costs the solicitor can get from the other side), they've been allowed to deduct from claimants' damages.

If you have LEI (legal expenses insurance) with your home insurance, most firms will match the terms of that for you, and you won't have deductions (assuming that's the deal with the LEI provider). You'd need to prove that the cover was in place at the time of the accident.

When you say you have witnesses to the state of the pavement, do you have measurements of the defect / pavement. For a highways claim you'll need these (I'd reject any claims without these).

Highways claims are hard to win, as councils have a statutory defence available to them if they can prove a reasonable system of inspection / repair. However, it's not impossible.

How have you been injured and what impact has it had on you?

Check your house insurance or are you in a union ? These sometimes help

Injury is serious ankle break, 4 breaks requiring emergency surgery (ORIF) and a 4 night hospital admission , I have permanent damage at least a 20% reduction in flexibility and 6 months on can't walk my dogs, walk downhill or downstairs without aids. Will definitely have arthiritis in join.

Still under consultant and physio care. Likely to need ongoing physio for some time.

Despite the fact that the council claims regular inspection and that 'despite area has wear and tear it is safe' I have video footage of where I fell which shows several loose and moving (inches not centremetres - I haven't measures movement should I?) paving. Witnesses were staff who came to my aid and called ambulance and ended up carrying me onto the floor of a black cab when non arrived after 2 hours. Witnesses confirm that they know that this area is 'dangerous ' and the pavement was in this state at the time of the accident.

I'm waiting to hear back now from my home insurance, I did have cover at the time of the injury.

You need measurements to show how much the pavement moves, yes, as defects aren't actionable on the pavement until they're 25mm / 1 inch (and a solicitor likely won't take it on without photos / measurements; I certainly won't take a claim without these).

Also, if they are inspecting regularly, you'll need to show that a) the pavement in its current condition is a defect which needs repairing AND b) it was in that condition prior to the previous inspection and they missed it.

Highways claims are difficult to win and it already looks like they'll be relying on the statutory defence of a reasonable system of inspection and repair. I have one at the moment where my client's mum is asking for witnesses in the local shops to see if we can prove that the council missed the defect at their inspection prior to the accident. They can be tricky, though not impossible in all cases.

Well they are definitely lying if they say that this defect is recent, it's been there for more than 6 months, it's where I fell! It definitely moves more than an inch. There are several slabs in the same state.

I'm not in the habit of falling over, I'm a fit and active hill walker.

Presumably they send these letters out as standard to say that they are regularly inspected if that forms an automatic defence!

I think I might put a FOI in. I'm fuming about this accident. It's really changed my quality of life, the pavement is really dangerous.

If you have a Thompson’s office near you then I’d highly recommend

They are a top 100 lawyer firm who specialise in PI cases

Run the case yourself with the use of a barrister.

Best advice ever given to me.

@TheSquashyHatOfMrGnosspelius

Run the case yourself with the use of a barrister.

Best advice ever given to me.

I'm seriously considering this option.

How much did you pay out in Counsel fees?

There are lots of very knowledgable members on here. Can you upload a photo?

Witnesses confirm that they know that this area is 'dangerous ' and the pavement was in this state at the time of the accident.

Did anyone tell the council and have proof of this though? That was the defence used when I damaged a wheel hitting a pothole in my car - they had carried out regular checks and no one had told them about it so they weren't to blame. I didn't pursue it as it was only a wheel.

@SoupDragon

Witnesses confirm that they know that this area is 'dangerous ' and the pavement was in this state at the time of the accident.

Did anyone tell the council and have proof of this though? That was the defence used when I damaged a wheel hitting a pothole in my car - they had carried out regular checks and no one had told them about it so they weren't to blame. I didn't pursue it as it was only a wheel.

Given that they claim to do monthly inspections they must be blind if not looking very hard to claim they do not know.

This is a busy pedestrianised area in a city centre.

I am going to do a Freedom of Information Act to see how many reports have been made about this pavement. I'd be astonished if I'm the only person to complain about it.

@Welshiefluff

There are lots of very knowledgable members on here. Can you upload a photo?

I've only got video because I thought that was better to demonstrate how loose the paving is in the area. There are several slabs that move around an inch. I am going back this weekend, first opportunity I will have, to take pictures with a tape measure.

The footfall in this area is massive. I'm sure there will be other incidents reported.

When I say slabs they are more like paving bricks. Hard to describe in words. But definitely loose.

Check on Fix My Street to see if it has previously been reported. You can also put a report on there of it being dangerous. www.fixmystreet.com

I can't see anything on there but oddly the street isn't named so I can't locate it.

Presumably people who report directly to the council will not be on that site. I did 3 months ago and my report isn't there.

The street I fell on isn't named on that site or shown on the map. But it definitely does have a name, just to be clear.