Topics
Councils Paying More For Accident Claims

Councils are paying more compensation for accident claims, than ever before. Trips and slips caused by uneven paving stones have cost one council in excess of £2.5 million pounds over the last four years. With the average claim around £1800, the resources of local authorities are seriously being drained.

Another city council paid out over five million pounds during an eight year period, and these figures are rising. It seems that councils need to take greater care in future to ensure that the average passer-by and pedestrian can walk the streets of their local authority without being subject to the risk of injuring themselves because of the negligence of the council.

If someone has an accident while walking on a public pathway they may be entitled to compensation, if it can be shown that the council was at fault. Claims can be made against the council if an accident is caused by tripping up on a paving stone which juts out more than an inch above the rest of the path. Councils can additionally be held responsible if a pothole is more than an inch deep and results in an accident. All councils can be vulnerable to these risks unless they keep a strict watch on the state of their public highways and pavements.

Many councils argue that it is not an automatic right to receive compensation if you have been the victim of an accident, but the evidence cannot be refuted and shows that the numbers of claims are constantly rising. By making a claim the victim is arguing that a failure of statutory duty or an act of negligence has been propagated by the council. It is the responsibility of the victim to prove that the council was a fault in order to receive compensation. This is legally determined on what is called the balance of probabilities, which basically means that there has to be more than a 51 percent likelihood that the council was to blame for the accident.

After submitting a claim the council will conduct an investigation and report back their findings. If they find that they have been negligent they will offer a settlement, which will often take into account any loss of earnings. This may settle one part of the problem, but until public roads and walk ways are made safe they are still at risk.

Saurav is an author of several articles pertaining to No Win No Fee, Compensation Claims, Accident Claims, Personal Injury Claims and other legal articles.
This article is free for republishing
Source: http://www.goinglegal.com/article_587587_18.html
Related Articles