Drain and manhole cover injury claims

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Howard Willis

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A guide to making a No Win No Fee drain and manhole cover accidents claim

Defective, loose or missing manhole covers can cause serious injuries to pedestrians. The most common types of injury caused by manhole accidents are leg injuries, including fractures, breaks and sprains.

If an individual has an accident involving a manhole then they may be able to claim compensation. The manhole cover or drain should have been regularly maintained and checked for safety and a failure to have done so may about to a breach of duty of care.

Generally, the responsibility for maintenance of drains and manhole covers falls on the local water and sewerage authority, but drains on privately-owned land must often be maintained by the owner or occupier of that property.A solicitor can confirm who a claim should be made against.

If the party responsible failed to conduct reasonable maintenance to ensure the drains were safe to walk on or near, and you were injured as a result, it is likely that it is possible to make a claim.

Making a manhole accident compensation claim

If the accident occurred while you were at work, details of the accident should be recorded in your company's accident book. If possible, photographs of the scene should be taken as evidence of the incident and specifically of the state of repair of the drain or manhole cover.

The names and addresses of any witnesses should be gathered as they may be requested to provide a statement to support the claim.

As is the case for any accident, medical attention should be sought as soon as possible. The results of the examination will be valuable medical evidence should you decide to claim and, more importantly, you may not be aware of the full extent of your injuries.

Slips and trips involving drains can often result in head injuries. Head trauma can often seem minor initially, but without proper treatment and monitoring can have serious consequences.

Compensation sum

The compensation sum is dependent on the severity of the injuries and any further treatment that may be needed.

Claimants may be able to claim for both general and special damages. General damages pertains to the pain and suffering a Claimant has experienced as a direct result of the accident. This also includes any conditions that may have been worsened by the accident.

Special damages covers extra expenses such as travel costs, medical fees and loss of earnings (if a Claimant has been left unable to work their usual job due to the accident). Legal advice should be sought in the first instance in order to calculate the chances of the claim's success along with an estimated compensation sum.

To find out what your pedestrian injury claim could be worth, get a free Compensation Claim Report.