Saurav is an author of several articles pertaining to No Win No Fee, Compensation Claims, Accident Claims, Personal Injury Claims and other legal articles.
Councils are paying more compensation for accident claims, than ever before. Trips and slips caused by uneven paving stones have cost one council in excess of £2.5 million pounds over the last four years. With the average claim around £1800, the resources of local authorities are seriously being drained.
Another city council paid out over five million pounds during an eight year period, and these figures are rising. It seems that councils need to take greater care in future to ensure that the average passer-by and pedestrian can walk the streets of their local authority without being subject to the risk of injuring themselves because of the negligence of the council.
If someone has an accident while walking on a public pathway they may be entitled to compensation, if it can be shown that the council was at fault. Claims can be made against the council if an accident is caused by tripping up on a paving stone which juts out more than an inch above the rest of the path. Councils can additionally be held responsible if a pothole is more than an inch deep and results in an accident. All councils can be vulnerable to these risks unless they keep a strict watch on the state of their public highways and pavements.
Many councils argue that it is not an automatic right to receive compensation if you have been the victim of an accident, but the evidence cannot be refuted and shows that the numbers of claims are constantly rising. By making a claim the victim is arguing that a failure of statutory duty or an act of negligence has been propagated by the council. It is the responsibility of the victim to prove that the council was a fault in order to receive compensation. This is legally determined on what is called the balance of probabilities, which basically means that there has to be more than a 51 percent likelihood that the council was to blame for the accident.
After submitting a claim the council will conduct an investigation and report back their findings. If they find that they have been negligent they will offer a settlement, which will often take into account any loss of earnings. This may settle one part of the problem, but until public roads and walk ways are made safe they are still at risk.
- Related Articles
- Related Q&A
Hire a personal injury attorney for getting justice and compensation you deserve
By: Adolphpaul | 08/12/2009Those injured in an accident for no fault of theirs are entitled to compensation by law. But getting justice and fair compensation is not an easy task without availing valuable legal assistance. Under the New York Personal Injury Law, if you are injured due to negligence of some individual or authority, you can file a compensation claim. There are different types of compensation claims including those for personal injury caused due to medical negligence.
Causes of Truck Accidents
By: Erich Shrefler | 08/12/2009Large tractor-trailer trucks, or 18-wheelers, account for more than 390,000 crashes each year in the U.S., according to the Federal Motor Carrier Safety Administration. Unfortunately, due to the size and weight of these large vehicles, many of the accidents involving 18-wheelers end in serious personal injury and even fatalities.
Using the Louisiana Jones Act to Your Benefit
By: Tim Young | 08/12/2009It used to be the Merchant Marine Act which the United States Congress had enacted in the year 1920, which was then revised in the year 1970. Today, this same act is more commonly referred to as the Louisiana Jones act.
Boston Motorcycle Attorney
By: Brian Beckcom | 08/12/2009Every motorcycle owner in Boston or anywhere else loves the thrill of riding a motorcycle. While some people ride motorcycles merely as a means of transportation, some people ride for pleasure. Whatever the reason, there is always the possibility of ending up in a dangerous or deadly accident, no matter how unlikely you think it may be.
Importance of Choosing a Jones Act Lawyer
By: Brian Beckcom | 08/12/2009As an employee on a boat, barge, container ship, cruise ship, fishing boat, ship, charter boat or any other form of ship vessel, it is very likely that you will be covered by the Jones Act. Even those working in offshore drilling rigs and anywhere near or in water will also be covered by this law.
Rights of DUI Victims
By: Erich Shrefler | 08/12/2009Approximately 40 percent of all accidents involve alcohol. In the aftermath of dui accidents, the rights of dui victims are often trampled and ignored.
Hydroxycut
By: Erich Shrefler | 08/12/2009Have you taken a Hydroxycut product with the hopes of losing weight, having more energy and burning fat? You are not alone. More than 9 million packages of the product have been sold in the U.S. at grocery stores, pharmacies and health/vitamin stores like GNC.
Tips for Choosing your Houston Car Accident Attorney
By: Brian Beckcom | 07/12/2009As the driver of a motorcycle, car or any motor vehicle that may become involved in an accident in Houston, it can be hard for you to win the case even if you are not in the wrong, especially if the other party has an attorney of their own. For this reason, it’s best to hire a competent Houston car accident attorney to fight your case for you. Obviously, you have to pay this attorney for their services, but it will be really worth the money once you find out how much they can actually claim for
Whiplash not a Bogus Injury
By: Saurav Dutt | 20/07/2008 | Personal InjuryWith accusations of a ‘compensation culture’ and ‘ambulance chasers’ being banded around liberally, people can often lose sight of the fact that whiplash injuries are a whole lot more serious than they are given credit for. Whiplash claims are often perceived to be the result of overactive imaginations by people who have suffered ‘just’ a small neck injury.
To Claim or not to Claim
By: Saurav Dutt | 20/07/2008 | Personal InjuryAfter suffering an injury because of an accident that is not your fault, instinct often tells us that we should seek redress immediately, and why not. However the road to battling an insurance company to get some kind of compensation all the way to the courtroom can often be a painful and disappointing venture. The litigation process can really eat up a lot of your time, money and effort. Therefore, it’s sometimes better to settle for less prior to trial than to go through the whole process and
The Story Behind No Win No Fee and Defamation Claims
By: Saurav Dutt | 19/07/2008 | Personal InjuryThe recent controversy about Cherie Blair using a no win no fee firm for her libel case in the courts has highlighted what is perceived as the latest abuse of the system which was created to provide access to justice ten years ago. This article aims to highlight the relationship between no win no fee arrangements (otherwise known as conditional fee agreements) and defamation claims.
The Nature of No-win-no-fee
By: Saurav Dutt | 19/07/2008 | Personal InjuryWith constant criticisms of the no-win-no-fee system prevalent in almost every news story associated with the scheme, this article aims to underline and explain the essential features and benefits that were originally aimed to help people gain easier access to justice. Despite accusations of the scheme being used for purposes for which it was not created, various incidental features of it were introduced for a good reason and still help many clients in the UK.
The Advantage of No Win No Fee
By: Saurav Dutt | 19/07/2008 | Personal InjuryNo win no fee claims are an essential means of achieving access to justice. After an accident, no win no fee provides an easy way to litigate for compensation, thus keeping companies accountable as well as receive some mitigation for the negative circumstances that have been thrust on you.
Taking the Initiative at Work
By: Saurav Dutt | 19/07/2008 | Personal InjuryAll too often organisations only feel the need to take proactive intervention to reduce accidents at work when the fear of censure or criticism from the powers that be are looming. To that end, too many companies feel compelled to do something when the Health and Safety Executive (HSE) steps in to investigate.
Streamlining the Claims Process
By: Saurav Dutt | 19/07/2008 | Personal InjuryIn light of the changes as to how personal injury claims should be handled, the widespread implications are not just to streamline the claims process as the Ministry of Justice envisages, but also to provide an incentive for insurers to make changes to systems, processes and organisational models in order to achieve high performance.
Smoothening the Road to a Claim
By: Saurav Dutt | 18/07/2008 | Personal InjuryAfter an accident, seeking legal redress often seems a necessary evil. Makin a personal injury claim is the natural step but the myriad of legal complications can often seem like a herculean task if you’re still trying to recover from the accident in question. There are ways to make the whole process as smooth as possible and ensure that getting reimbursed for the physical or psychological harm suffered is not as time consuming and costly as it seems.