Should I claim?

Bar

Bar

Soldato
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Was the council negligent and did they intend to cause injury?

Unless the answer is yes on both counts your claim is not justified.
 
Soldato
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the only people who benefit from "no win no fee" claims are the sollicitors, not you and certainly not the council.

Just make an official complaint with the council about the pavement slabs you fell over and try watch where you're walking next time....
 
Soldato
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Mr Nice said:
Only in Britain can you get money for your own stupidity.

Don't claim.

*cough* America *cough* ;)

Dr_Evil said:
the only people who benefit from "no win no fee" claims are the sollicitors, not you and certainly not the council.

Just make an official complaint with the council about the pavement slabs you fell over and try watch where you're walking next time....

I'm sure he'll be seeing it that way when he gets his nice payout :p
 
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Guru said:
I'm sure he'll be seeing it that way when he gets his nice payout :p

What payout? 2 years being hassled by sollicitors, answering letters, doing medical examinations, then most of the win going to the sollicitors and you having the leftover, if any... ?
 
Soldato
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I had a similar experience, tripped over a broken drain cover and fractured my arm. The way I see it if I fall over a dog or whatever because I wasn't looking I'm in the wrong, but I fell over a broken drain that the council should have repaired, so they're in the wrong.

Dr_Evil said:
What payout? 2 years being hassled by solicitors, answering letters, doing medical examinations, then most of the win going to the solicitors and you having the leftover, if any... ?

I wonder if you know anything about it.

I claimed through some firm that advertised on TV, they sent someone round to take a statement, they phoned me a few times to let me know what was going on, sent me some papers to sign, one visit to a doctor who coached me (slightly), about 8 months or so and a cheque for £3500. They took nothing from it, their fees were added to it not deducted from it.

I believe they changed the law a couple of years ago so that they cant deduct anything from your award.

I was also told (not sure how much truth is in it) by the man that took the statement, that its cheaper for the council to pay the odd claim than to repair all the defects. If this is true, you could say the state of the roads and pavements is partly the blame of those that prefer to take no action.

TDF.
 
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TheDogFather said:
I claimed through some firm that advertised on TV, they sent someone round to take a statement, they phoned me a few times to let me know what was going on, sent me some papers to sign, one visit to a doctor who coached me (slightly), about 8 months or so and a cheque for £3500. They took nothing from it, their fees were added to it not deducted from it.

Some are lucky some are not. The question is, by tripping over a loose paving slab, how much can you really blame someone else? "No win no fee" companies are very eager to take on your case, whether or not you will receive a good payout... I'm just saying be careful, it can be a time-waster not giving you a good payout. I've been in 2 myself, the last case i had to claim for the minimum payout being 450 quid, that after 3 years of paperwork!!!
 
Soldato
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I think theres limits set out somewhere, if it sticks up more than that then its dangerous, should be repaired and makes them liable.

I found this http://www.torbay.gov.uk/pavements.htm

I kind of see what people are saying about watching where your going, but in reality you cannot scrutinise every step you take and you should be able to, infact can expect the pavement to be reasonably flat.

TDF.
 
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Soldato
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I wouldn't, I've probably cost the council a lot of money in my time (accidental damages and cleaning up vomit :D )

plus, most injuries aren't my fault, do I sue, bugger off, I have more decency than to go round sueing people
 
Soldato
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Another way to look at it is that we pay enough ****** Council tax for maintenance of this kind of thing, it hasn't been maintained so get your money back.

pitchfork said:
I have more decency than to go round sueing people

If you paid a builder to do work on your own property and he took your money, didn't do any work and then you had an accident because of this involving a broken arm, would you be so forgiving?
 
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Caporegime
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pitchfork said:
plus, most injuries aren't my fault, do I sue, bugger off, I have more decency than to go round sueing people

In other words, you suffer from a form of battered wife syndrome. You let other people damage you through negligence or whatever, but instead of saying "No, thats not acceptable", you get on with things and so things never get better and more people get injured.

Don't worry, you're not alone - it seems to be a British trait that we'll accept crap from councils, governments and companies. I think Jimmy Carr did a quip about this, when his car blew up because of a faulty fuel tank. If he was any other nationality in the world he would have sued and got lots of money, but because he was British he instead went and bought another car from the same dealer.
 
Soldato
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If I hired a builder I'd make sure he did the work or he aint getting paid.

Obviously if someone screws you over you'll sue them, but accidents like tripping over on a pavement, no. You should be grateful you've got a pavement to walk on in the first place.
Tell me, who is the OP getting shafted by? No one.
 
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scorza said:
Possibly Swansea council if they were negligent, and he now has a fractured elbow as a result.
What about God for making him fall like a fool?

I've fallen down about 30 stone steps after tripping on a loose bit of kerbing. Did I sue? No. I laughed at my own ineptituted and not looking where I was going. I ripped my jeans, scraped my elbow and that was that. How he procurred these injuries is beyond me unless he jumped into the air and through himself at the ground a dozen times.
 
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scorza said:
. I think Jimmy Carr did a quip about this, when his car blew up because of a faulty fuel tank. If he was any other nationality in the world he would have sued and got lots of money, but because he was British he instead went and bought another car from the same dealer.

yeah that was on top gear very funny and very british.

My father is getting taken down this road because ofthe no win no fee c***,

a couple left their 4 or 5 year old in the bath on her own and for 5 mins apparently and the child turn the tap on and burnt herself cause the water was too hot apparently no one has gone to the fact of what the daughter was doing in the bath on her own and more to the fact that if the water was that hot what about the fact that the aprents didnt notice this when the filled the bath up.

its a load of c***.

i tripped over a curb that was rasied and not secured properly and broke my ankle of work for 6 weeks blah blah blah, none if these no win no fee wanted to no as it was taking on a council all they kept asking was there any local shops near by that could have caused this curb to be like this.

what a joke never saw a penny and had to live of ssp for 6 weeks not fun but at least i had my pc
 
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jdickerson said:
What about God for making him fall like a fool?

Councils aren't allowed to discriminate against fools :p

jdickerson said:
I've fallen down about 30 stone steps after tripping on a loose bit of kerbing. Did I sue? No. I laughed at my own ineptituted and not looking where I was going. I ripped my jeans, scraped my elbow and that was that. How he procurred these injuries is beyond me unless he jumped into the air and through himself at the ground a dozen times.

Hope you at least informed the council? If you had been a little old lady then you'd be lucky to be alive! Ah but I suppose it'd be her fault she was dead because she wasn't looking where she was going ;)
 
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