The quick answer is that it may depend on the circumstances. If the negligence of the petrol station caused the spillage, then it is possible that you could sue for damages.
However, if the spillage was due to factors beyond the petrol station’s control, such as weather conditions, then it is less likely that you would be successful in a lawsuit. In any case, it is always advisable to speak to a solicitor to get specific legal advice.
Let’s now look at the issue in more detail.
Can I Claim Compensation for an Ankle Injury?
To successfully claim compensation when you’ve suffered a sprained ankle, you will need to show that the petrol station was at fault. This means that you will need to prove that they did not take reasonable care to prevent the spillage from occurring or that they did not clean it up in a timely manner.
For example, if a leaking pipe caused the spillage and the petrol station knew about the leak but did nothing to fix it, then they may be liable for any injuries which occur as a result.
Similarly, if bad weather conditions caused the spillage, but the petrol station failed to clear it up in a reasonable time frame, then they may also be held responsible.
Common Ankle Injuries
The most common type of ankle injury is a sprained ankle. This occurs when the ligaments that support the ankle are stretched or torn. Symptoms include pain, swelling, and bruising. In severe cases, it may also be difficult to walk.
Another common type of ankle injury is a fractured ankle. This occurs when one or more of the bones in the ankle are broken. Symptoms can include severe pain, swelling, and bruising. In some cases, the bone may protrude through the skin.
What Should I do After an Accident?
Medical Care
The first thing you should do if you have been injured in an accident is to seek medical attention. This will ensure that you receive the necessary treatment and will also create a record of your injuries. The information from the medical professional will be essential should you decide to seek compensation for your injury.
Gather Evidence
If you are considering taking legal action, then it is important to gather evidence to support your case. If you’re able to, take photographs of the accident scene or ask anyone who saw the incident if you can take their contact details so that they can provide a witness statement.
Keep Records
It is also essential to keep a record of any losses you have incurred as a result of the accident. This can include things like lost wages, damage to personal property, and medical expenses.
What Damages Can I Claim?
If you are successful in your claim, you may be able to recover damages for:
- The cost of any medical treatment you have received as a result of your injury;
- Any loss of earnings if you have had to take time off work due to your injury; and
- Any other out-of-pocket expenses you have incurred as a result of your injury.
- You may also be able to claim for the stress and anxiety caused by the injury.
How Much Compensation Will I Receive?
The amount of compensation you will receive will depend on the severity of your ankle injury. For example, if you have suffered a serious fracture that has resulted in permanent disability, then you can expect to receive a higher level of compensation than if you have only suffered minor bruising.
Your solicitor will be able to give you an estimate of the compensation you could receive once they have assessed your individual case.
How Do I Make a Claim?
If you want to make a compensation claim, then you should speak to a solicitor as soon as possible. They will be able to advise you on whether or not you have a valid claim and can help you gather evidence to support your case.
Your solicitor will also be able to negotiate with the petrol station’s insurers on your behalf and can take your case to court if necessary.
What Happens if I Win My Case?
If you win your case, the petrol station will be ordered to pay you compensation, which will usually be paid by their insurers.
What Happens if I Lose My Case?
If you lose your case, you will not receive any compensation. However, you may still be liable for the petrol station’s legal costs if they have incurred any as a result of your claim. You should, therefore, always speak to a solicitor before taking any legal action, as they can advise you on the chances of success and the likely costs involved.
No win, no fee options can reduce the risk of you having to pay the petrol station’s legal costs if your claim is unsuccessful. That’s because you will only have to pay your solicitor’s fees if you win your case.
What are the Time Limits for Making a Claim?
There is usually a three-year time limit for making a personal injury claim. This means that you must start legal proceedings within three years of the date of the accident.
The time limit can be extended in certain circumstances, such as if you were a minor at the time of the accident or if you did not realize you had been injured until some time after the incident occurred. However, it is always best to speak to a solicitor as soon as possible after an accident so that they can advise you on whether or not you still have time to make a claim.
How Long Does a Claim Take?
The length of time it takes to resolve a claim can vary depending on the individual circumstances. If you and the petrol station’s insurers can reach an agreement, then it is likely that your claim will be resolved much quicker than if it goes to court.
In most cases, however, claims will take several months to resolve. This is because there will need to be an investigation into the accident, and any evidence gathered will need to be reviewed.
Your solicitor will be able to give you an estimate of how long they think your claim will take once they have assessed your individual case.
Can I Claim Compensation if I am Partially at Fault?
You may still be able to claim compensation if you are partially at fault for the accident. This is because the law states that compensation should be apportioned according to the level of fault.
For example, if the court finds that you are 20% at fault for the accident, then you will receive 80% of the total amount of compensation that is awarded.
Stay updated with all the insights.
Navigate news, 1 email day.
Subscribe to Qrius
