Small claims court for personal injury ?

[waterworks]

Is it normal to use the small claims court to get compensation for an injury ?

My claim is for a pot hole which tore the ligaments in my ankle, and as far as i can see the compensation is in the region of £1000 or less.

[des8]

Re: Small claims court for personal injury ?

Personal injury claims for not more than £1000 are generally allocated to the small claims track

[Peridot]

Re: Small claims court for personal injury ?

Hi Waterworks,
Injuries below £1000 would be allocated to the small claims Court, however, it is expected that the pre-action protocol for personal injury claims should be followed, before applying to the Court.
Basically this means that you should initially write to the potential Defendant setting out as much information as you can on what happened, the injury it caused and why you think they are to blame. Photos of the defect would be helpful. If this is potentially against the Local Authority and the defect is not greater than an 1" in depth then I am afraid that you would be unlikely to succeed in the claim.
Have you written a complaint letter yet and did you get a response? Do you know who the to the possible defendant is? It may be worth discussing with a personal injury specialist whether this is something they would be able to assist with although a bit more info on the injury and how long it lasted would be helpful as lawyers would be unlikely to be able to assist if the injury is relatively minor and you have recovered quickly.
If you are able to provide a bit more info:- how the accident occurred, who the landowner is where the accident occurred if private land, a bit more about the injury and how long it took to heal, did you go to the GP/hospital? With this further info I could hopefully point you in the right direction.

[waterworks]

Re: Small claims court for personal injury ?

Thanks for your reply Peridot.

I have gone into all the details with a personal injury firm, they declined to take the case on, I don't know why.

The injury was caused by an ankle deep pothole in an area of the canal towpath specifically designated for mooring boats while working locks, I have pictures, and medical records of my x ray and physio and a gruesome black and blue swollen ankle as well. It took a couple of months to heal fully.

The landowner is the canal and river trust. I informed them of the pothole at the time,
and will be sending a letter before action soon.

[wales01man]

Re: Small claims court for personal injury ?

Do you have pictures and measurements of the pot hole was itv reported before or after you damaged yourself

[charitynjw]

Re: Small claims court for personal injury ?

If you have Legal Expenses Insurance attached to other insurance policies (typically household insurance) you could explore that option.
From personal experience I've had mixed dealings with these. (Usually a panel of 'experts' decide whether the case is viable/has a better than 51% chance of succeeding, & they seem happy to accept low settlement figures).
But it is an option.

[Peridot]

Re: Small claims court for personal injury ?

Hi Waterworks,
personal injury firms would normally not take the matter on unless they felt the prospects of succeeding were more than 50%. Having seen the photos or knowing the area they may have drawn this conclusion, or if the injury was felt to be too minor, as they would not be entitled to any costs in the event you were unsuccessful. In my opinion it is worth a letter before action and maybe worth considering approaching another firm, to obtain another opinion? I would suggest approaching a firm directly rather than via a claims management type company.
If the defect has been reported prior to you having your accident you will be more likely to succeed. You will appreciate that a towpath could easily become damaged (although I'm not an expert on towpaths) and they can not be expected to know of every defect at all times. However they should have carried out reasonable checks and dealt with defects they find and also any defects that are reported. Your report may be the first time they have heard of the defect so you may have an uphill battle so show that they should have dealt with the problem before your injury.
It's good that you saw Dr and have records. Keep receipts that you have in relation to the injury such as physio and prescription/medication receipts as if liability is accepted you will need to evidence any losses in addition to the injury itself. If you have any knowledge of the area and how frequently checks are carried out or the fact the defect had been there a while or had previously been reported this will all be relevant.
checking whether you have any insurance policies that may cover legal costs but be aware they would probably require you to use particular lawyers associated with them who will also look at the likelihood of succeeding i.e. over 50%, before they agree to take it on.
Good luck and pop back in if we can give you any more pointers.
Peridot

Thanks for your reply Peridot.
The
I have gone into all the details with a personal injury firm, they declined to take the case on, I don't know why.

The injury was caused by an ankle deep pothole in an area of the canal towpath specifically designated for mooring boats while working locks, I have pictures, and medical records of my x ray and physio and a gruesome black and blue swollen ankle as well. It took a couple of months to heal fully.

The landowner is the canal and river trust. I informed them of the pothole at the time,
and will be sending a letter before action soon.