Every injury compensation claim for tripping on a pavement will present a different set of challenge from claim to claim.
In cases like tripping over a raised paving stone, an unlevel street pavement, a damaged paving stone or a pothole are good examples of when you can to submit a claim for street accident compensation if can prove negligence on the part of the person who owed a duty of care to you to ensure that the pavement is maintained in an acceptable manner.
The vast majority of local authorities are responsible for maintaining the pavements, spotting potential hazards and repairing surfaces. Though the local authority should make repairs as quickly as possible, it is not always the case that this is possible to achieve. If it is the case that repairs were not completed in a reasonable time frame, the local authority could be considered negligent with regard to the maintenance of the pavements a claim for pavement trips should therefore be possible.
The person making the tripped on a pavement claims has the responsibility to prove that a local authority (or other party such as a utility company) has been negligent. While proof of negligence does not always need to be given when an application for assessment of your injuries is sent to the Injuries Board, in the case of personal injury compensation claims a local authority may not consent to an Injuries Board assessment if proof of a hazard is not given.
Due to this you should therefore take photographs of the place where your trip on a street pavement occurred. Pictures taken with a mobile phone camera are acceptable as long as the extent of the street pavement hazard can clearly be viewed. You should try to get a friend or family member to do this for you if you are not able to do so yourself due to the injuries that you sustained.
You will also need to have had your injuries treated by a doctor or at a hospital in order for you to claim tripped on a street pavement compensation. Your medical records must detail your injuries if you’re street pavement trip injury claim is to be successful.
It is in your best interests to talk to a personal injury solicitor about the nature of your accident with a personal injury solicitor as soon as you can.