Tripping Accident in Aberdeenshire
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A simple trip can cause anything from very minor to serious injury, both physical and emotional. It is among the most common accidents of all, and can occur anywhere.
If I trip and suffer an injury, can I claim compensation?
If you trip due to someone else’s negligence, you can almost certainly claim. Land owners are legally responsible for your safety while you are on their property, and are expected to take reasonable steps to ensure your safety.
If you trip over a broken or unlevel paving slab, those responsible for maintaining the area concerned may well be liable on the grounds of negligence. This would be the land or building owner, local authority etc., depending on whether it is on public or private property.
I tripped in the shop. Can I claim?
Ensuring visitors’ safety extends beyond structural maintenance of the floor or pavement. If you trip over a box left in the entrance to a shop, or trip on threadbare carpet in an office, you may well have a claim.
How much can I claim for a trip?
Compensation is determined by the injuries you suffer, not by the cause of the accident. Thus, someone who tripped and sustained a back injury would gain the same compensation as if they suffered an identical injury in a road accident, all other factors being equal. See details for specific injuries elsewhere on this site.
Injury Claim in Aberdeenshire
What can I claim for injury?
Damages for injury are awarded under two aspects. The most immediately obvious effects of your injury are covered by “General Damages”. This part of your injury claim covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your injury claim will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your injury claim involves financial loss or additional costs. Under this heading will come loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for an injury claim?
If your injury claim is to succeed, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation.
Will a pre-existing condition nullify my injury claim?
On the contrary, compensation awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.