How To Make Lake District Personal Injury Claims
You may be wondering, “when could Lake District personal injury claims be justified?”. If you’re injured as the result of a breach of duty of care, you could be entitled to claim compensation.
Lake District accident claims guide
For example, you might have been involved in an accident while on an outdoor activity excursion. Similarly, you could be involved in an accident on the road or while in a public place like a shop or restaurant. If you were owed a duty of care, and this was breached in a way that caused you to be injured, you might be eligible to claim.
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Select A Section
- What Could Lake District Personal Injury Claims Be?
- Types Of Holiday Injuries In The UK
- Road Traffic Accident In The Lake District
- Activity Accidents
- How Much Are Lake District Personal Injury Claims Worth?
- More On No Win No Fee Claims For A Lake District Personal Injury
What Could Lake District Personal Injury Claims Be?
There are a number of different ways you could be injured in an accident. In order for this to form the basis of a potential claim, however, you would need to show that:
- You were owed a duty of care
- This duty of care was breached; and
- You were injured as a direct result.
Throughout this guide, we will look at the kinds of injuries you could sustain while on holiday in the UK. We’ll also look at how these could happen and the circumstances in which the injury might be attributed to a breach of duty of care.
In particular, we will look at road traffic accidents and accidents sustained during outdoor activities. You may also be wondering how compensation claims for personal injuries are valued. We will look at how settlements are reached later on in this guide.
Finally, we will look at the ways in which a No Win No Fee agreement could benefit you when funding the work of a lawyer on your claim. If you have any more questions after reading, please don’t hesitate to get in touch with our team today.
Types Of Holiday Injuries In The UK
You may be wondering “what kinds of accidents could lead to Lake District personal injury claims?” Below, we’ve listed some accident types that could be caused by negligence:
- Slips, trips and falls. These could occur in a number of different settings, for example, in a museum, shop, restaurant or pub. This kind of accident could cause a number of different injuries including a fractured skull, a broken wrist or a laceration injury.
- Falls from a height. This kind of accident could happen anywhere you’re at a height. For example, you could fall from a zip wire or from the top of a flight of stairs because of lack of maintenance. This could result in a broken leg or facial injury.
- Road traffic accidents. When you’re on the road, you’re owed a duty of care by all other road users, and you owe them a duty of care in return. If this is breached, it could cause an accident in which you’re injured.
Please read on for a closer look of how injuries could occur because of negligence. Otherwise, if you’re asking yourself “when could Lake District personal injury claims be valid?”, speak with an advisor today.
Road Traffic Accident In The Lake District
When you’re on the road, whether you’re a driver, cyclist or a pedestrian, you have a duty of care towards other road users. Similarly, they have a duty of care towards you. This is set out in the Road Traffic Act 1988 and the Highway Code.
This duty of care means that you need to act in a way that reduces the risk of others being injured on the road. The hierarchy of road users in the Highway Code means that those road users who have the greatest potential to cause harm have the greatest responsibility to safeguard more vulnerable road users.
Some examples of duty of care breaches that could result in a road traffic accident include:
- Failing to keep a safe stopping distance from the car in front, resulting in a rear-end collision.
- Travelling above the speed limit, causing a vehicle to hit a pedestrian as they cross the road.
- Failure to check before changing lanes resulting in a side-on collision
If you were involved in an accident because of another road user’s negligence, and you were injured as a result, then you might be entitled to claim. Speak with an advisor for more information.
Activity Accidents
If you’re injured in an outdoor activity as the result of negligence. There are a number of outdoor activities that you could take part in, including:
- Walking and hiking
- Cycling or mountain bike activity
- Horse riding or quad-bike activities
- Pot-holing and caving
- White water rafting and canoeing
- Lake cruising and other watersports
- Rock climbing or climbing walls
The Adventure Activities Licensing Regulations 2004 outlines the requirement for those putting on these kinds of activities to young people to carry a license. The Adventure Activities Licensing Authority enforces this licensing and ensures that good safety practices are followed.
Accidents In Watersports Activities
Watersports activities can include things like rafting, canoeing, kayaking and surfing. You might take part in one of these activities that has been organised by a tour operator, and be injured as a result of negligence. For example:
- The equipment you’re provided is in a poor state of repair, resulting in an injury
- You aren’t given sufficient training before being told to undertake an activity which results in you being hurt
- The person running the excursion doesn’t provide sufficient supervision
Accidents In Walking and Hiking Activities
You may be wondering, “can Lake District personal injury claims be made for accidents on walking activities?”. There are a number of ways you could be injured as a result of negligence on a hiking activity:
- The walk goes ahead despite problems with weather. As a result, you slip and fall on a rock.
- The guide of the tour takes you on a route for experienced walkers despite the tour being advertised as a tour for beginners.
- You’re given a faulty trekking pole on the walk and because of this you fall and break your finger.
For more information on how a breach of duty of care could cause injury, speak with an advisor today.
How Much Are Lake District Personal Injury Claims Worth?
When you make a personal injury claim, your settlement could consist of general and special damages. General damages is the part of your settlement that covers the pain and suffering that your injuries caused.
The Judicial College Guidelines is a document that legal professionals can use the value general damages in personal injury claims. We have included some of the entries from these guidelines in the table below:
| Bodily Injury | Award Bracket Listed in JC Guidelines | Supporting Notes |
|---|---|---|
| Ankle | (a) Severe – £31,310 to £50,060 | Resulting in significant residual disability, for example ankle instability or limited ability to walk. |
| Foot | (e) Serious – £24,990 to £39,200 | Injuries that cause continuing pain or arthritis in the future, also with a risk of surgery |
| Knee | (a) Severe (i) – £69,730 to £96,210
|
Disrupted joint, ligament damage, loss of function and considerable pain |
| Leg | (b) Very Serious (ii) -£54,830 to £87,890
|
Cases of permanent mobility problems that may require years to heal and cause later onset arthritis |
| Neck | (a) Severe (i) – In the region of £148,330 | Partial or incomplete paralysis with little respite from pain or immobility despite wearing a collar full time for a period of years |
| Shoulder | (b) Serious – £12,770 to £19,200 | Dislocations and nerve-damage issues causing sensory and grip problems in the arm or hand |
| Back | (a) Severe (ii) – £74,160 to £88,430
|
Impaired mobility, bladder and bowel problems as well as scarring issues |
| Brain | (b) Brain damage – Moderately Severe – £219,070 to 282,010 | Resulting in a serious and permanent disability requiring constant care |
| Shoulder | (b) Serious- £12,770 to £19,200 | Where the shoulder is dislocated and the lower part of the brachial plexus is damaged. |
| Pelvis and hips | (b) Moderate (i)- £26,590 to £39,170 | Where there’s a significant injury to the pelvis but without permanent disability or great future risk |
In addition to general damages, special damages can be awarded to take into account the financial harm caused by the accident and injury. Some examples of out-of-pocket costs that you could reclaim are:
- Loss of earnings
- Medical bills
- Adaptations to your home or vehicle
- Physiotherapy or counseling costs
Once again, it’s essential to have documented proof that shows these directly-related expenses. Why not use our compensation calculator to assess for yourself? Or speak to our team for guidance and answers to questions such as “how much can Lake District personal injury claims be worth?”.
More On No Win No Fee Claims For A Lake District Personal Injury
Personal injury claims can be much easier with legal representation. A solicitor with the experience and insights into cases like this could enable you to get a much higher compensation award. This is because they have the experience needed to ensure that all aspects of your claim are being addressed.
In addition to this, the work of a lawyer can be accessed at no initial cost to you under a No Win No Fee agreement. Also called Conditional Fee Agreements, they mean that you will only pay a legally-capped percentage of your compensation as a success fee if your claim is a success. If you lose your claim, you won’t pay your solicitor for their services.
If you have any more questions about potential Lake District personal injury claims, speak to us today by:
- Calling our advisors on 0800 073 8804
- Contacting us online
- Using our ‘live support’ option
Activity Centre Accident Resources
You may find the resources below useful:
- More about a personal injury claim for compensation in an activity centre
- Further reading on compensation for a holiday accident abroad
- This guide on when holiday accident compensation claims for Centre Parcs could be justified
- The NHS have information on how to tell if you’ve broken a bone
- Royal Society for the Prevention of Accidents on watersports safety
- THINK!, the government’s road safety campaign.
If you have any more questions about potential Lake District personal injury claims, please don’t hesitate to get in touch.
Written by Waters
Edited by Stocks
