Posted in Resources / FAQ on 13 August 2014

If you have had the misfortune of falling and sustaining an injury in a public place, you may be entitled to compensation for that injury. We, at Cantillons Solicitors, have many years’ experience of taking actions against Local Authorities. We have acted for pedestrians who have had accidents due to the defective nature of a road or footpath, such as pedestrians who have tripped on an uneven footpath or raised lip in a footpath.

1.    Establish who was at fault
We, as your Solicitors, will assess whether you can establish that your accident occurred due to the fault of another party. You must be able to establish fault to successfully bring a claim.

We will ask you to identify the area where you fell on the footpath.  Once the scene has been identified, we can visit it and/or we can engage an engineer to inspect the scene and prepare an expert report on your behalf. This report will outline any trip hazard on the footpath and assess whether the area in question was defective.

We, at Cantillons Solicitors will also take a detailed statement from you about what happened. If you have any photographs of the scene - that will be very helpful. We will also talk to any witnesses and if possible, you should keep a note of the names and addresses of any witnesses.

2.    Advise on Legal Rules for Local Authorities
Once it seems that fault can be established, we will then write to the responsible local authority asking them to admit liability for your accident. There are many legal rules governing claims against local authorities. These rules could mean, for example, where the footpath was properly constructed initially but has now suffered the effects of normal wear and tear, the local authority may not be legally responsible for any defect, caused through wear and tear.  However, if the footpath was poorly constructed from the start then liability may attach to the local authority.  Details of any previous complaints made to the local authority will be important also.  Cantillons Solicitors have the experience that is needed to properly advise you about a potential claim.  

3.    Guide you through the Process
We, as your solicitors, will also gather the evidence to prove your injury. We will seek a medical report from your treating doctor. We will seek copies of the medical records from any hospital that you attended. Once we have all that documentation for you, we then lodge an Application Form with the Injuries Board. We, at Cantillons Solicitors, will then guide you through the Injuries Board process to ensure that your claim is accurately presented and will advise you on any award that is made.

If the Injuries Board does not resolve your claim, we will guide you through the next stage of Court Proceedings and ensure that your claim is processed efficiently and accurately.

Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or info@cantillons.com if you would like more information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.

 


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