Fall Accidents and Injuries Compensation

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Claiming Compensation for Injuries After a Fall

Falling down and sustaining minor injuries or being subject to small domestic accidents is common, however if this fall or accident resulting in injury is caused by another person's negligence or failure to ensure the safety of people using his/her property then the fall takes a whole new dimension - that of claiming compensation for the resulting injury.

Claiming compensation for accidents that occur due to the negligence or lack of maintenance of safety standards by a property owner is an issue that can be subject to a lot of confusion and controversy. Many people fail to see the logic behind such a compensation and also have doubts regarding how to arrive at a consensus on the legitimacy of the claim, this article attempts to shed light on aspects that need to be kept in mind while dealing with fall, accidents and injuries.

Who is responsible for the mishap?

Not all falls or accidents can be considered for a claim. Unless the accident, fall or injury has occurred owing to the negligence of a person owing the property on which the mishap takes place one cannot raise a claim. The first step towards understanding such a case is to identify all the causal factors of the injury. There are a few questions one must ask oneself before proceeding with a compensation claim:

• Was the spill, worn out spot or slippery ground caused by the owner or occupier of the property?

• Did the owner or occupier of the property on which the mishap occurred have sufficient knowledge of the dangerous surface and yet do nothing about it?

• Is it true that the owner of the property should have known about the obvious dangerous surface and yet failed to discover or remove the danger causing element from the surface like a 'reasonable person' would have?

• Did the fall or the accident causing injury happen as a result of the victim's own negligence and lack of caution?

After one has answered these questions one will clearly be able to determine whom the liability of the case rests on and thus proceed with a claim if reasonable grounds are established. While there is no need for a victim to prove to the insurer of one's own carefulness it is important to rule out possibilities of personal negligence before placing a claim.

Unless a person has adequate reason for being on property in question at the time of the incident, the claim is invalid. The claim would also not be valid if the mishap is caused due to natural reasons such as rain, floods, storms and so on which have not retreated, the property owner is given the benefit of doubt in such cases for a considerable period of time after the natural disasters to clear the property owned by them and ensure its safety.

How to go about claiming compensation if reasonable grounds are established:

• One needs to approach an insurance adjuster and clearly describe the incident in vivid detail

• Establish grounds for compensation by proving that the negligence of the property owner is what has caused the fall, accident and injury

• Arrive at the compensation amount and apply for compensation

• If owner denies compensation claimed by person injured and the insurance representative, one has the right to take the claim to court

• Filing legal reports and proceeding with the claim case with the involvement of a solicitor who is qualified to fight the claim is the next step

One must exercise adequate caution while moving about to avoid such circumstances however in case the mishap occurs despite all the caution exercised and owing only to the negligence of the property owner, then a claim is called for and justified.

Other popular articles related to this one include: Fall Accidents and Injuries, Council Compensation Claims, Compensation from the Council, Slip and Fall Accidents Compensation, Fall Accident Injury, Slip Trip and Fall Compensation, Slip Accident Injury, and . Please let us know if you find any errors.

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