Derby personal injury claim solicitors

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges.

Slipper

In the leading case the claimant slipped on yoghurt in the defendant’s supermarket. It was held that once it had been proved that the plaintiff slipped in the store on the yoghurt, the evidential burden of proof shifted to the defendant to show that the accident did not occur from any want of care on their part.

In practice , however , the Defendant property/shop owner with the slippery substance on the floor on which the claimant slips ,will be able to successfully defend the claim if they had in place a proper and adequate system to provide for the safety of customers by regularly checking and cleaning the floor. Their records about this are disclosable within three months of receipt of a letter of claim.

Read more about slips at work where establishing liability is different.

The letter of claim also proposes the instructions of an agreed medical expert to report on the claimant’s injuries in the accident , after an examination and reading the medical records.

If a settlement cannot be negotiated without litigation being commenced , then claims that do not exceed £15,000 will be assigned to ‘the fast-track’ , an accelerated claims procedure closely managed by the court. On assigning the claim to the ‘fast-track’, the court will set a timetable for the parties of between 20 and 30 weeks leading to a hearing date. The timetable will include directions for limited discovery of core documents, exchange of skeletal witness statements and expert reports. However usually there will only be one medical expert and the court will rely upon their written reports at the hearing of the claim.

Contact us by e-mailing   gary@derby-lawyers.com or ring us on 0800 1712215.

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