Can I claim for the loss of business if I’m injured?


We recently helped a former professional rower who is now a business owner, after he suffered an injured ankle after falling into a hidden pothole.

Pothole in the Road

Poor visibility, poor maintenance

On the day of the accident, the business owner was jogging in West London at night and it had been raining. There were street lights on, but some of them were not working. He trod into what he thought was just a puddle. It was actually a large pothole, he fell to the floor and hurt his right ankle.

He went to A&E with his injured ankle as soon as possible and was diagnosed with a soft tissue injury. He had to use crutches for 2 weeks. As a former professional rower, he used to enjoy rowing 7 times a week but had to stop altogether for some time. He also did other sports such as running and football, but can’t enjoy these like he used to either.

The business owner was also in the process of setting up a new business, and his injury affected his ability to bring in and do work for his clients.

Simpson Millar LLP gathers the facts

When the business owner came to us, we set to work out what he had lost because of his accident, and get evidence of this. We consulted with a medical expert, who determined that his injured ankle would never fully recover.

We worked with professionals to work out how much he had lost. We concentrated on what business he had lost as a business owner offering marketing consultancy to his clients.

We pursued Hounslow Council and made a claim in the courts. We managed to secure a £9,250 compensation package without going to court.

Top tips to take home

  • If you’re a business owner and you have lost out after an injury, make a note of all the business you have lost, using receipts and records of telephone conversations etc
  • If you were injured in a similar way, your local council may be responsible – don't hesitate to take them on
  • An injury can affect your business as well as your personal life – you should consider this when making a claim

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