Accidents In Public Places

There are two types of injury compensation that you may be entitled to. The first, called ‘general damages’, and is awarded to compensate you for the pain and suffering caused by the injury. The second type of injury compensation, called ‘special damages’, covers actual financial losses and expenses arising from the injury. This can include lost earnings, care given to you by your friends and family, costs of treatment, travel costs and various other expenses including future losses.

Please see our Personal Injury Claims services.

What will I get Personal Injury compensation for? – Video Transcript

A lot of clients ask us ‘What can I claim compensation for?’. For most claims, there’s two different aspects to it. There’s General Damages and there’s Special Damages. Your General Damages relates to your injury aspects of your claim, which is your pain, suffering and loss of amenity. That takes into account obviously how bad the pain was, how long you suffered for and what it’s impacted in your life in terms of what you can and can’t do now going forwards. In addition to that you’ve got your Special Damages which is your out-of-pocket expenses. These are loss of earnings, care and assistance, travel, it might be a sports membership or something like that that you can no longer use due to the accident. It’s obviously for the claimant to always prove their losses on those ones. So if you’re unaware of how to prove it, or what you need to show it, you can either check out one of our other videos or give us a call and we can go through it with you.

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There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18^th. is their 21^st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

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An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

No Win No Fee

When it comes to making a personal injury claim, one of the most important things to consider is how you will fund your case. After all, taking legal action can be costly, and if you don’t have the right funding in place, you may find yourself struggling to cover the costs.

No win no fee arrangements can be extremely beneficial for claimants, as they provide access to justice regardless of their financial situation.

However, it’s important to remember that not all no win no fee solicitors are the same. Some may charge hidden fees or have strict conditions in place, so it’s always worth doing your research before you choose a solicitor to work with.

No win no fee agreements have become a popular way for personal injury claimants to pursue compensation. But what exactly are they and what do you need to know about them? Stonehewer Moss Solicitors we will explain everything you need to know about no win no fee agreements, including how they work and the pros and cons of using them. 

What Is a Success Fee?

If your claim is successful then you become liable to pay your solicitors base costs, plus any success fee they charge. The success fee is very often misunderstood and often confused with the solicitors overall cap on costs. To be clear the success fee forms part of the overall costs charged, that is, the base costs plus the success fee.  

At Stonehewer Moss we apply an overall cap on the costs we charge you based on the amount of compensation you receive. This overall cap is typically between 18% and  30% of the compensation amount recovered, although this will be subject to your individual circumstances. This is a cap both on your liability for your base fees in general and the success fee added together.  

Accordingly when considering which law firm to use it is therefore much more useful (and much easier to understand) if you just ascertain what the overall cap is on your liability for legal costs is, as this is the amount that you will usually pay.

At Stonehewer Moss there is an overall cap so that your liability for all your legal costs will never exceed 30% of the damages you are awarded and can be as low as 18%.

No Win No Fee

When it comes to making a personal injury claim, one of the most important things to consider is how you will fund your case. After all, taking legal action can be costly, and if you don’t have the right funding in place, you may find yourself struggling to cover the costs.

No win no fee arrangements can be extremely beneficial for claimants, as they provide access to justice regardless of their financial situation.

However, it’s important to remember that not all no win no fee solicitors are the same. Some may charge hidden fees or have strict conditions in place, so it’s always worth doing your research before you choose a solicitor to work with.

No win no fee agreements have become a popular way for personal injury claimants to pursue compensation. But what exactly are they and what do you need to know about them? Stonehewer Moss Solicitors we will explain everything you need to know about no win no fee agreements, including how they work and the pros and cons of using them. 

What Is a Success Fee ?

If your claim is successful then you become liable to pay your solicitors base costs, plus any success fee they charge. The success fee is very often misunderstood and often confused with the solicitors overall cap on costs. To be clear the success fee forms part of the overall costs charged, that is, the base costs plus the success fee.  

At Stonehewer Moss we apply an overall cap on the costs we charge you based on the amount of compensation you receive. This overall cap is typically between 18% and  30% of the compensation amount recovered, although this will be subject to your individual circumstances. This is a cap both on your liability for your base fees in general and the success fee added together.  

Accordingly when considering which law firm to use it is therefore much more useful (and much easier to understand) if you just ascertain what the overall cap is on your liability for legal costs is, as this is the amount that you will usually pay.

At Stonehewer Moss there is an overall cap so that your liability for all your legal costs will never exceed 30% of the damages you are awarded and can be as low as 18%.

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

The value of every compensation claim for slips, trips and falls accidents depends on the seriousness of the injury as well as the chances of you making a full recovery.

In handling your claim, we will also look at other financial aspects such as medical expenses and loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We will also seek to obtain interim payments where possible to help you to avoid financial hardship caused by an accident that wasn’t your fault.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible so that you can get your life back on track.

For the majority of cases, any claim for slips, trips, and falls accidents compensation must be made within three years of the date of the accident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an accident dating back further. As specialist personal injury lawyers, we will be able to advise you on your rights.

How do I make a compensation claim?

If you’re injured because of a slip, trip or fall in a public place, there are a few important things you should do before contacting us. It is really important that you gather as much evidence as possible to prove that the accident happened as a result of someone else’s negligence, for example:

• Photos of where the accident happened
• Measurements of any holes, cracks etc
• Contact details of witnesses
• Details of who owns the property/land
• Photos of your injuries and the medical treatment you received

It’s best to get legal advice as soon as possible after your accident so that we can obtain crucial evidence e.g. CCTV footage as this may be difficult to obtain at a later date. There may also be time limits to your claim.

We offer a Free No-Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the personal injury claims process, dealing directly with third parties and their insurance companies on your behalf to secure compensation for your injuries quickly and stress-free.

Local personal injury solicitors

We all know that accidents can happen. Recovery from such injuries can take time or be life-changing. The financial impact from the loss of earnings and unexpected rehabilitation, medical and other associated costs can be significant, putting you and your family at risk at a time when you are at your most vulnerable.

Whatever the cause of your injury, if it was an accident that you have suffered as a result of someone else’s negligence – either partly or fully – you could be eligible to claim compensation.

At Stonehewer Moss, our expert personal injury solicitors are here to offer you independent, trusted advice to help secure the financial compensation and rehabilitation support you need to get your life back on track.

No win no fee personal injury claims

No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA) in the legal world, is an arrangement between a claimant and solicitor. In simple terms a ‘No Win No Fee’ arrangement means that you will not pay a fee if your claim is unsuccessful.

Stonehewer Moss Solicitors, based in Northwich, is one of Cheshire’s leading personal injury claims solicitors, with vast experience and an extensive record of compensation claims success for a wide range of injury types.

Why should you claim compensation?

There are many reasons why you may want to consider claiming compensation for your personal injury. For example, if you have suffered from an injury that has left you with long-term physical or psychological damage, then claiming compensation can help to cover the cost of your medical treatment and any other expenses that you have incurred as a result of your injury. Additionally, if you have been unable to work due

to your injury, claiming compensation can help to replace some of your lost income. Finally, claiming compensation can also help to hold the person or organisation responsible for your injury accountable for their actions.

Why Choose Stonehewer Moss Solicitors?

If you are injured in an accident you will want the best team of experts who know personal injury law and are highly qualified within this area. Its crucial to obtain the very best solicitors as this can be a critical factor in obtaining the maximum compensation you deserve. Selecting the right solicitor will greatly increase your chances of winning your claim. 

At Stonehewer Moss Solicitors we have years of experience dealing with high value complex claims. Our solicitors know the laws and regulations that exist to protect you which is all the more important to choose the very best.

If you have suffered an injury as a result of an accident that wasn’t your fault, you may be entitled to compensation. Contact us online to see if you have a claim for compensation.

Get in touch to start your claim

Call us on freephone 0800 434 6544 or 01606 87 22 00.

Email us at info@stonehewermoss.co.uk

ENQUIRY FORM.

Slipped on milk in Sainsburys and twisted my ankle, Sainsbury’s say it isn’t their fault. What can I do?

In this case, there are two conditions that need to be proven ahead of making a personal injury claim.

One being that you have sustained an injury from slipping on the milk in Sainsburys, the second that it is the supermarket’s negligence that caused the accident to happen.

Sainsburys are responsible for the care of customers who are shopping in their stores, therefore they must ensure that the supermarkets are well maintained and in suitable condition for customers to walk freely with little risk to their safety.

Obstructions such as trolleys and crates, as well as spillages are common hazards found in supermarkets. It is the duty of the store and it’s employees to make sure appropriate warning signs are placed upon wet floors at the earliest convenience to avoid potential accidents.

Claims of this nature are not always straightforward, as it would need to be proven that there was a reasonable window for Sainsbury’s staff to clear the hazard following the milk spillage and prior to the accident occurring.

It is possible for the claim to become a ‘my word against yours’ situation, especially if Sainsburys has denied liability. Your priority would be to speak with an accredited personal injury solicitor, who would be able to discuss the best course of action for you, as well as obtain the relevant evidence to support your claim.

Broke my wrist after tripping on a pothole in a carpark. Can I claim compensation and who should I claim against? 

Pothole accidents are fairly common within the UK affecting both road users as well as pedestrians. One of the most common questions we are asked when it comes to pothole injuries is “who is to blame”?

It is important to find out who owns the land where the pothole is situated. Under UK Health & Safety legislation, private companies who allow the public to access their premises must ensure that the grounds are maintained to a safe standard at all times.

If they overlook potential safety risks and an accident occurs as a result, they could then be held liable for those who were injured. If however the carpark was not owned by a private company, it is a possibility that your claim would be raised against the local council.

In order to claim compensation from tripping over a pothole, you will need to prove that your injuries were sustained due to the negligence of somebody who had a duty of care towards you.

It is therefore important that you report your accident to the local business, store or council at the earliest convenience following your accident. You should also take pictures of the pothole and the surrounding area and note the depth and circumference of the hole, prior to any potentially liable party filling it in.

If there were any witnesses to your accident, it would also be beneficial to take their names and contact details, in case they are needed to support your compensation claim later down the line.

The public liability insurers of negligent parties may sometimes approach the claimant with an early settlement offer following their accident.

It is rare for these offers to represent the full amount of compensation the claimant would be entitled to for their injuries and so it is always advised that you speak with an accredited legal professional like Stonehewer Moss before accepting any offer made. 

Broke my hip after slipping on an icy pavement. What should I do?

Street slip injury claims are not as straightforward as they may seem. Contrary to popular belief, it is not the council’s responsibility to keep all roads clear of ice and snow.

For many streets it is the duty of the residents to salt and grit the pavements to allow safe passage.

Main roads are managed by the council, however during the wintry months primary routes are prioritised to keep the majority of road traffic flowing, which means some smaller roads may not be tended to as quickly.

If the pavement you slipped on was the council’s responsibility, the chances of you being successful with your injury claim will depend on whether it had been reasonably practicable for the council to grit the walkway prior to your accident.

You must keep in mind that although councils are responsible for gritting pavements during icy conditions, it would be considered impracticable for them to be expected to safeguard every single road due to logistical, and financial restraints.

There is however a better chance of you being successful in your claim if you slipped somewhere that is considered to be a high risk area, such as outside a school or hospital, as these are places where high volume of pedestrians is to be expected.

The best thing to do after a street slip accident, is contact personal injury specialist like Stonehewer Moss Solicitors. Using their experience, a solicitor will be able to advise you on where you stand with your claim and indicate the level of compensation you could be entitled to. 

Hurt myself at the gym when the machine I was using broke mid-set. Am I able to claim against the gym even if they took me through the health and safety precautions prior to me joining?

Gym owners and operators are responsible for your health and welfare whilst on their premises and using their facilities.

Injuries are common occurrences within gyms due to the intensity of exercise people perform there. Under one roof there are many potential hazards to be wary of, such as heavy weights being thrown around, wet surfaces from water bottles or sweat as well as other gym-goers using equipment like treadmills which carry the risk of falling.

It goes without saying that you cannot claim against a gym for over exerting yourself whilst exercising. You have a responsibility to ensure that you are choosing appropriate weights and exercises to suit your fitness level to avoid injury.

Most gyms provide health and safety information upon joining and a large amount of machines now have instructions on how to properly use them. There are however, circumstances in which a gym may be liable for an injury you have sustained, some examples include:

• Slipping on wet floors where there are no warning signs in place
• Tripping on loose mats or objects which are obstructing walkways
• Becoming injured whilst using faulty equipment, ie if a bungee resistance cord snaps whilst lifting heavy weights on a machine
  

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If you have been injured in a gym, in order to claim compensation it must be proven that your accident was as a result of the gym’s negligence. It is important to obtain supporting evidence following your accident in the form of witness statements, photos of both the injury and accident site, CCTV footage, medical evidence and a report of it in the gym’s accident book.

Having a legal specialist work with you is the best way to achieve success in any injury claim.

If you believe your gym accident was not your fault and it happened within the last 3 years, we advise to speak with a solicitor who will determine if you have a potential claim and advise you on next steps toward obtaining compensation for your injuries.