If there was a simple answer to this, it would be: Yes.
If you are injured while cycling, walking or running on a public trail, you can claim compensation for it. Public roads are maintained and repaired by local governments. In these and similar cases, they are liable for compensation in accidents that occur due to any negligence. Therefore, you must prove that the event you experienced was caused by a deficiency or negligence.
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What should you do after being injured?
For compensation claimed from the local government after being injured on a public trail to be successful, negligence must be successfully proven. This is a very difficult process.
In order to bring a successful public liability claim against a Council, you need to establish that:
- the injury suffered
- that the injury is legally valid
- there is obvious negligence that caused the damage
Trails are classified as public areas. Therefore, there is a legal expectation that you should exercise due diligence while walking, cycling or running. What is meant here is that personal negligence that could lead to injury is also considered. If you have some of the faults in the injury, this defect will be apportioned depending on the injury. For example, if you tripped and fell while looking at your cell phone, it will be decided that part of the fault is yours.
As these and many other specific circumstances can happen, it is always best to seek legal advice as soon as possible after an injury. A public liability lawyer will be able to assess your situation and advise you on your legal options.
What can you claim compensation for?
Compensation can cover both past and future losses. This compensation includes:
- Medical and hospital expenses,
- Compensation to be determined after the calculation of loss of income,
- Compensation for the pain and suffering experienced,
- Paid or free home help.
The above mentioned are the scope of compensation given by referring to the general conditions. As mentioned before, the content of the compensation to be claimed as a result of special circumstances will of course vary. It is very important to find a lawyer who is an expert in the field so that you can fully compensate for the bad experience.
