Am I going to get compensation?

[melbapeach]

Hi,
I will change a few details here to avoid being identified.

A Year ago I suffered a serious arm injury whilst on a day out at an activity centre. I have had to have 2 operation since.

I felt that I was due compensation as there were clear breaches of health and safety at the centre. I also received very poor first aid which possible exacerbated my injury.

I wrote to the company outlining my concerns and asking for a copy of the accident report. They wrote back to say that I wasn't entitled to it. I wrote again explaining that I was and that I would submit a subject access request.

A few days ago I received an email from a loss adjustment company who have been appointed by the activity centre. I have provided them with all of my concerns and the injuries that I sustained.

I was surprised that I was contacted by a loss adjustor. They have asked me to confirm that I am going to make a claim. Do you think that I might actually get some compensation from this?

Possibly. Do you have legal cover on your house insurance? What financial impact has it had in you?

Only if you had financial losses - did you?

I would recommend you get your own legal advice. The loss adjuster is likely not working in your favour.

You may have a claim for the pain and suffering from the injury plus an element for any loss of earnings, cost of physio etc.

And bear in mind that you only have three years from the date of the accident to make a claim.

Did you sign any health and safety/accident waiver etc before taking part in the activities?

You don't just have to have financial loses to get compensation for injury. My daughter has just claimed for sort tissue damage injury following a car accident.

It sounds like the activity centre have reported the accident to their insurer's which is why a loss adjuster is involved. If you have legal cover on any insurance policy then I would see what they say before responding to the loss adjuster directly. If not see if it would be covered by the Which legal helpline which you can join and I think benefit from straightaway by paying something like £29.

Would take an investigation; but there would need to be negligence from the activity centre.

Depending on the type/cause of injury will impact. If you signed a waiver on high risk areas their liability may be reduced or taken away too

I reported a venue to both the HSE and their own head office after suffering an injury after a trip. I felt there were issues with the venue itself that caused my trip and fall and felt I was very lucky to not have been more badly injured. I reported it as I was really concerned someone else might not have been so lucky.

In my case, the head office said they'd look into it and the HSE carried out an inspection also and made some recommendations for improvements as a result.

At no point did they feel the need to get insurers involved, even though I ended up with a broken bone. I'd suspect they're quite worried in your case if they have appointed one.

My parent had an accident and received compensation for their physical injuries. They didn't suffer any financial loss. If cases were purely judged on financial loss then it would potentially mean that children, pensioners, and some disabled people would be entitled to nothing even if they'd suffered serious harm.

It depends on whether the negligence of the venue caused the accident, and whether it was foreseeable.

How did it occur?

Get your own legal advice. From a proper solicitor, not one of the "you may be entitled to compensation" brigade. The amusement park people and their insurers are NOT ON YOUR SIDE!

This is the exact opposite. Personal injuries do not give rise to compensation for pure pecuniary loss (financial loss) as there must be a pain and suffering element to give rise to damages. Financial losses can be taken into account when assessing damages.

The centre will be under a duty to report it to their legal advisors/insurers as soon as someone mentions the words compensation. Thats why they are asking you if you're making a claim or not.

You'd probably be as well approaching a no win no fee firm for advice, or as others have said check your insurance for legal cover although it may not cover these circumstances.