How much compensation can i claim for a accident in a Public Park?
A Guide To Making A No Win No Fee Public Park Accident Claim
If you have you been involved in a public park accident we have created a guide to help you get the help and compensation you need. A trip to the park is a both a common and an enjoyable experience for many people across the country every day. Many of us will visit the local park at least on a weekly basis, either to walk the dog, exercise or just relax. There are many different accidents which can occur in public places, such as on the pavement, the road or in a park. These accidents can often lead to injuries, ranging from simple bruises and sprains to more serious injuries which can affect your quality of life. At Legal Expert, we may be able to help you make a claim for the compensation which you deserve.
There are different laws which cover accidents in public places in contract to accidents in the workplace. Depending on where your accident occurred, you will need to bring a claim against the relevant authority. If your accident happened on a public highway you can bring a claim against the local authority. Most parks will also be managed by the local authority and as such your claim can be brought against them.
Select a section
- What Constitutes A Public Space?
- Understanding Accidents In Public Parks
- Slips, Trips And Falls In Public Parks
- Who Is Responsible for An Accident In A Park?
- How Can I show Who Is Liable For An Accident In A Park
- Public Park Playground Accidents
- The Law And Accidents In A Public Park Playground
- Do I Have A Public Park Accident Claim?
- What Can You Claim For After Suffering An Injury In A Park
- How Much Compensation Can I Claim For An Injury In A Public Park?
- No Win No Fee Public Park Accident Claims
- How To Make A Claim For An Accident In A Public Park
- Why Choose Legal Expert For Your Accident In A Park Compensation Claim?
- Useful Links
One of the first things we need to look at in terms of public park accident compensation claims is what a public space is. Establishing this is an incredibly important part of your public park accident claim as it determines who is liable. We will need to establish whether or not the public park in which your accident and injury occurred is deemed to legally be a public space. This will affect who is legally responsible for your accident and injury claim. Public spaces are commonly defined as areas or premises (such as a park) which has been built to be used by the general public. Other examples of ‘public spaces’ are pavements, roads and public squares.
Having an accident in a park is much more common an occurrence than commonly thought. According to The Royal Society for the Prevention of Accidents (ROSPA), as many as 40,000 children are taken to hospital each year after being injured in a park. These accidents can be caused by the user or the management failing to correctly maintain equipment, which accounts for around 40% of these accidents. Accidents caused by the management of the park can include;
- Poor overall design and layout of the equipment.
- Failure to comply with the relevant installation and maintenance standards.
- Installing playground equipment which is not suitable for the intended child age group.
- Playground equipment which has been incorrectly installed.
- Poor maintenance and inspection of the equipment once installed.
Users related causes of accidents in public playgrounds can include a lack of parental supervision, misuse of the playground equipment, using the equipment in bad weather conditions. All of these factors can result in claims being made against the party responsible for the accident in a park.
Public spaces are designed to be spaces where a lot of people will be using them on daily basis. This heavy pedestrian traffic increases the chances of someone having an accident within the space. As such it is very important to establish who is responsible for maintaining the public park, whether it is the pavement and walkway through and around the parks, equipment or green areas. One of the most common types of accident in a public park, as with any public space will be a slip, trip or a fall.
Slips, trips and fall accidents in a park are a relatively common type of accident and can on occasion be a difficult type of accident to make a compensation claim for. Accidents in public parks can be difficult to process and you will need to bring a reasonable level of evidence that the accident happened and that the party responsible for the park is liable for your injuries. This is why working with a specialist personal injury solicitor is an important part of making a compensation claim.
Parks are designed to be used in lots of different ways by lots of different people through the day. Most parks in the UK are built and maintained by local authorities, but increasingly more public spaces are being built and managed by private developers.
Whilst they are built by local authorities, these bodies are not responsible for actively supervising users as they go about their business in a park. They do however have a responsibility to make sure that the park is maintained in a safe condition for people to use, with particular consideration to children.
The design and maintenance of the park and any playground equipment need to reflect the fact that children are not as aware of risks as adults are. Equipment needs to be correctly installed and maintained, as do other facilities children may use. These also need to be kept as clean and tidy as is reasonably possible in an outdoor environment.
Accidents to children can often happen as a result of the local authority (council) failing in their duty of care. These bodies need to be aware that children are much more likely to interact with hazardous materials in a park. Breaching this duty of care and an adult or child is injured as a result is a breach or tort law. As such the council can be held liable.
If you have had an accident in a public park there are several things which you need to do in order to be able to demonstrate who is liable for your injury. Your first step should be to seek medical attention for any injuries you have sustained. At this time you can also report where and how the accident happened. This, along with the nature and severity of your injuries can be recorded in a medical report. Your next step should be to inform the council or local authority which is responsible for this park or public space.
It is also very important to record the time, date and location where your accident happened. If possible, you should also try and gather any evidence you can at the site of the accident. This could be photographs of the cause of your accident as well as any witness statements and their contact details. All of this information can be helpful later in establishing the liability of the council or authority. It also means we can request CCTV images of the time and location.
Once you have reported an accident to the council, they will then begin an investigation of your accident or injury. This will also be useful when it comes to making your claim. However, you do not have to have made a report to the council before you bring your compensation claim.
Whilst children love nothing more than to run around and bump into each other whilst playing in the park as well as jostling with each other, these are natural accidents. Nobody is to blame for these accidents occurring and most of the time they do not result in any kinds of injury. However, there are other types of accidents in playground and injuries in parks which are not acceptable. If your child has been injured due to faulty design, a lack of maintenance or improper installation, you can bring a claim for compensation on behalf of your child.
According to the law, the owner and/ or manager of a playground have a legal duty of care to ensure that they are providing a risk-free environment for every user. These providers are legally required to have taken the right steps and have also conducted regular maintenance checks. These should ensure that all users can do so safely and without risking an injury. If they have not met these obligations, they are liable to pay compensation for these injuries. If your child has had an accident in a public park, you may have a case to claim compensation.
Providing the initial accident which caused your injury was not your fault, and when someone else to blame, it is then possible to claim compensation for the injury. In order to bring this claim for compensation, first, you need to be able to prove that a third party was negligent and that this negligence was the cause of the accident.
Your accident needs to have occurred within the last three years. Currently the there is a three year period in the UK in which you can make a personal injury claim. This three year period begins, either from the date of the initial accident or from the presentation of the injury. If the injury happened to a child, then a parent, legal guardian or other responsible parties can bring the claim on their behalf. In these cases, the compensation awarded will be held in trust for the child, until they are eighteen. If a claim for a childhood accident has not been made before the child’s eighteenth birthday, the three year period then begins for the child who suffered the accident. They will then have from their eighteenth to their twenty-first birthday to bring the claim.
If you or your child have had an accident in a park, talk to our expert solicitors today.
What you can claim for and the amount of compensation which you can be awarded following an accident in a public park will depend on the circumstances of your accident. There are several things which people can typically claim compensation for after an accident. These include;
General damages: general damages are calculated based on the severity and type of injury. General damages also include calculations for how much pain and suffering that your injury has caused you. As such the amount awarded will vary from person to person. These can also include pain, hardship and even mental anguish.
Special damages: these types of compensation awards cover any financial costs or losses that arise as a result of your accident or injury. These are paid out to ensure that you are not left out of pocket after an accident in the park. Special damages can also include things such as travel expenses, loss of earnings and even long-term care costs.
Remember to go over these different kinds of compensation amounts with your solicitor to ensure that you claim back everything which you are entitled to.
If you make a successful claim, the amount of compensation will be settled between your solicitor and the third party responsible, or their insurance. This will be agreed upon based on the extent of your physical and emotional or even psychological injuries. The amount will take account of your long-term prognosis and costs which are arising from this. Below is a table with some of the different types of accident and injuries which can be sustained in a public park, as well as bands of compensation which may be paid out.
|Quadriplegia||Severe||£246,750 - £307,000||This is also, known as Tetraplegia and is a severly serious condition.|
|Brain damage||Moderate||£32,725 - £166,600||The amount compensation awarded will be determined by considerations such as, the effect upon concentration, cognitive abilities, and the effects to memory and senses (sight, hearing etc.).|
|Brain damage||Moderate||£166,500 - £214,350||This includes brain damage caused by partial paralysis.|
|Neck injury||Moderate||£6,000 - £29,250||Dependent upon actual neck damage suffered and loss of motor movement plus ongoing pain.|
|Neck injury||Severe||£34,575 - £112,750||Dependent upon severity of break, plus ongoing pain and permanent side effects.|
|Back injury||Moderate||£9,500 - £21.100||Dependent on ongoing pain, severity of initial damage.|
|Back injury||Severe||£29,475 - £122,350||Dependent on ongoing pain, severity of initial damage and long-term side effects.|
|Leg injuries||Various||£6,925 - £103,250||Depending upon severity|
|Knee injuries||Various||£10,450 - £73,125||Depending on severity|
|Foot injuries||Various||£10,450 - £53,200||Depending on severity|
The success of your claim will depend on whether or not the third party can be fully attributed liability for the accident and resulting injury. In certain cases, the person making the claim may also be partially responsible for the accident or their injury. This may result in the overall amount of compensation paid out being reduced in these cases.
Bringing a claim for compensation after suffering from an accident can be a difficult and time-consuming process. Making a claim by yourself can also be a costly affair if you have to pay legal fees through the life of the case, for some people this can last many months. For many people, this extra financial strain can have a big impact and deter them from wanting to bring a case to court. Those already off work due to injuries may find that paying these legal fees is a problem. It is unlikely that if you are already struggling to make ends meet and meet existing commitments, that you will be able to afford these fees.
This is where no win no fee legal services can help people. Under what is commonly known as a no win no fee agreement, we can work on your behalf to reclaim the money you are owed. Put simply, this type of agreement means that you won’t have to pay any legal fees up front or during your claim.
If we don’t win your case and claim the compensation you were seeking, you won’t have to make any payments towards the services we have provided. If your claim is successful, we will take your fee directly from your compensation award. When we make your claim, we will include our fee within this.
A no win no fee agreement is also sometimes known as a CFA, or Conditional Fee Agreement. The idea of this has been designed to ensure that anyone who does not have access to the finances to pursue their compensation claim is still able to hire a personal injury solicitor to make their claim. In the event of winning your claim, you can rest assured that we won’t be taking a large chunk of your award as a fee. By law, we can charge no more than 25% of your total award, meaning you will get at least 75% of the total amount as a minimum. Talk to Legal Expert today, using our no win no fee services you have nothing to lose.
Making a personal injury claim for a public park accident is never enjoyable, even if the initial accident was not serious and you have been left with a minimum level of pain or trauma. Even a small accident whilst in the park can result in larger levels of mental or emotional trauma. As such, when we begin working on a new compensation claim, we work to ensure that the claims process is as easy and pain-free as possible.
The first part of making your accident claim for compensation after your accident is securing the right legal advice. This is where Legal Expert can help you. We are able to work with you by offering a completely free of charge advice session. Within this, we will offer you our best advice on how to proceed with your personal injury claim. As a part of our initial consultation, we will discuss your case and ask several questions. These will start to establish your case and discern who is responsible for the accident, the party who could then be liable for damages. Questions we will ask could include asking where and when the accident actually happened; whether or not you did anything which could have contributed towards the causing the accident; what injuries or trauma have you suffered as a direct result of the accident; and whether or not you have had to take time off work because of the accident. Once we have established these facts surrounding your case, we will then be able to offer more advice on your next steps and start to establish what compensation you may be entitled to.
Talk to the expert personal injury solicitors at Legal Expert today. Our team of highly professional legal specialists are always on hand and ready to work on your case. We will work to get you the compensation you deserve after having an accident in a park. We work with clients across the country and we can work with you to secure the compensation you deserve.
Talk to Legal Expert today. Our highly professional staff will start working on your claim today. We will discuss your claim and any possible entitlement to compensation. You can speak to our experts today by filling in our contact form or use our convenient online chat feature. Alternatively, you can speak to us directly by calling us on 0800 073 8804 today
Child Injury Claims
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