In the hustle and bustle of urban life, walking the streets seems like a routine and safe activity. However, in the blink of an eye, a fall on the street can turn that safety into a dangerous moment. And although it may sound exaggerated, the Injuries from falls on public roads They are more frequent than one might think.
These types of falls can result in serious injuries, temporary or permanent disabilities, significant medical costs, and a sudden disruption to daily life. From uneven pavements to unexpected obstacles and adverse weather conditions, numerous factors can contribute to these unforeseen accidents.
If you have been involved in an accident of this type and suffered injuries, it is important that you understand your rights and how claim compensation for the damages sustained.
The accurate assessment of the initial situation, obtaining appropriate medical attention, thorough documentation of events, and seeking legal advice are just some of the critical stages in the process of seeking fair compensation.
When can you claim compensation for a fall on the street?
Can you Claim for damages from the local council due to a fall on the street, when the accident was caused by the negligence of third parties, such as the municipality or any other entity responsible for maintaining the public highway in safe conditions.
If you can prove the fall was the result of a defect, such as a poorly secured manhole If you have a dilapidated floor, you may be entitled to compensation for damages and losses suffered.
It is important to note that there is a six-month period to make a claim for damages against the local council or other public administrations.
Therefore, it is essential to act quickly to secure your rights and obtain the compensation you deserve.
How to act if you fall on a public highway to claim compensation: A step-by-step guide
When a person suffers a fall in a public place and seeks compensation, it is crucial to follow certain steps to ensure the process is as effective as possible.
- Assess the situation initially
The first step you should take after a fall is to call a police officer or civil guard to attend the scene of the incident. This officer will carry out a Accident report.The police report will describe in detail the events that occurred and the conditions of the place where the fall occurred and any relevant information about potential witnesses. These elements will be fundamental to resolve the dispute with the council.It is important to note that, in some situations, the severity of the fall may require urgent medical attention, which could prevent waiting for the police officer's arrival. In such cases, it is essential to note down the details of anyone who may have witnessed what happened.
It is also important Document the accident scene, including photographs of any pavement irregularities, poor lighting, or adverse weather conditions that may have contributed to the accident. - Obtain medical attention and the relevant documentation
After a fall, you should seek medical attention at a health centre, even if the injuries sustained seem minor at the time.
Some injuries can manifest later and have a solid medical record, this is fundamental to support your claim for compensation for all injury.
Don't forget to keep all medical records, bills, and receipts related to the treatment of your injuries. - Report the accident
You must report the accident to the relevant authority, such as the municipal police or the department of public works. Remember to request a copy of the accident report for your personal records.
This report may be an important piece of evidence when lodging your compensation claim. - Identify witnesses and gather information
If there were witnesses present at the time of the accident, make sure to get their names and contact numbers.
Eyewitness testimonies can strengthen your case by providing an independent perspective on what occurred. - Seek legal advice
Hiring a personal injury solicitor is more than recommended in these cases.
An experienced lawyer in this field will guide you through the legal process, assess the viability of your claim, and help you obtain the compensation you deserve.
At Calderón Corredera Law Firm, we have the most qualified professionals to handle cases like this. - Notify the responsible authority
Once you have received the necessary medical attention and have sought advice from a solicitor, you must notify the authority responsible for maintaining the public highway.
This could be the municipality, the public works department, or a private company if the accident occurred on private property. Be sure to provide precise details of the accident and any evidence to support your claim. - Make an insurance claim
Together with your specialist lawyer, it's time to put on a
claim of compensation detailing the damages suffered as a result of the accident, including medical expenses, loss of income and any other Personal injury, material or emotional.
Ensure you attach all relevant documentation, such as medical records, and all invoices and photographs of the accident scene. - Negotiation and resolution
Once you present the claim for damages, The responsible entity can choose to negotiate an out-of-court settlement.
Your solicitor will help you through this process to ensure you receive fair compensation for your injuries and losses. If a settlement cannot be reached, the case may proceed to formal litigation. - Formal dispute (if necessary):
In the event that an agreement cannot be reached out of court, it may be necessary to initiate formal litigation.
At this stage, your solicitor will present your case before a court and argue on your behalf to secure fair compensation.
It is important to be prepared for this process, which is why at Calderón Corredera we want to help you and provide you with the necessary support to resolve this problem efficiently and without complications.
Where can I report a fall on a public street?
To make the report effectively, contact a personal injury lawyer to advise you on your legal rights and help you Make a claim for compensation.
Our lawyers will guide you through the process of filing a report with the relevant authorities and will represent you in negotiations with the responsible party or if the matter goes to court.
Types of compensation for falls on public roads
Compensation for falls on public land can vary depending on the severity of the injuries injuries sustained and the impact these have on the daily life of the affected person.
Some of the types of compensation that can be claimed are:
This type of compensation can cover medical expenses and loss of income due to temporary inability to work.
If you have injuries that resulted from the accident, such as a Permanent disability Total or partial inability to carry out daily activities may entitle you to compensation.
This compensation covers specific damages, such as loss of quality of life or the need for home adaptations due to the injuries sustained.
It covers the basic damages and losses suffered, such as pain and suffering experienced as a result of the accident.
What type of documentation do I need to present at the town hall to claim compensation for a fall on a public street?
To claim compensation for a fall on a public highway, it is necessary to submit a claim for Civil liability before the town hall or the relevant public administration. This claim must be accompanied by all pertinent documentation supporting your case.
Among the documents you need to submit are
- All of medical reports that detail injury sites suffered
- Medical bills demonstrating the expenses incurred for the treatment of these injuries
- Anything else expert report No evidence to support your claim.
It is essential to provide a damage assessment that you have suffered, including any permanent injury or disability that may have resulted from the fall on the public highway. This will help to determine the amount of compensation to which you are entitled.
How can a specialist solicitor help you get your compensation after a fall?
The role of a solicitor is fundamental in the process of claiming compensation for a fall on a public highway.
Los specialist lawyers In these types of cases, they have the necessary knowledge and experience to guide you through the entire legal process, ensuring your rights are protected and that you obtain adequate compensation. assess the damage suffered.
Below are some of the main roles a lawyer performs in this context:
As specialist lawyers for public accident claims, we will provide you with comprehensive legal advice on your rights and the options available to you. you obtain compensation.
This includes explaining legal timeframes, documentation requirements, and potential outcomes of the case.
We will conduct a thorough investigation of the case to determine the cause of the accident and the responsibility of the parties involved, such as the local council or other entities responsible for maintaining public highway safety.
This may involve gathering evidence, obtaining eyewitness testimonials, and reviewing police and medical reports.
All relevant evidence to support your claim, including the medical reports, medical bills, photographs of the accident scene, and any other documents that may be useful in demonstrating the other party's liability and the damages suffered.
We will represent you in negotiations with the insurer or the council to seek a fair compensation settlement.
This involves formally lodging the claim, negotiating the terms of the settlement, and ensuring you receive fair compensation for the damages suffered.
Should an amicable agreement not be reached, we will represent you in any necessary legal proceedings, whether before ordinary courts or in administrative proceedings seeking compensation.
This includes preparing the claim, representing you at court hearings, and making submissions on your behalf
How long does the council have to respond to the claim?
The time within which the town hall must respond to a claim for Financial liability can vary depending on local legislation and the specific regulations of each jurisdiction. However, in many cases, public administrations have a statutory deadline to respond to claims submitted to them.
In Spain, for example, according to Law 39/2015, of 1 October, on Common Administrative Administrative Procedure of Public Administrations, In its Article 21, it is established that public administrations have a maximum of three months to resolve applications and claims that are submitted to them.
This deadline can be extended in certain circumstances, such as when additional reports are required or when the complexity of the case justifies it, but in no case may it exceed six months.
Therefore, in the case of a claim for patrimonial liability brought before a town hall for a fall on a public road, the town hall should respond within a maximum period of six months, although this period may be extended in specific circumstances.
It is important to highlight that if the local council does not respond within the established timeframe, it could be considered to have incurred what is known as “administrative silence”, which generally means that the claim is considered rejected and the possibility of pursuing other legal avenues, such as legal proceedings, to enforce the claimant's rights.