This wheelchair injury claims guide could help you if you were injured in your wheelchair. If you sustain an injury as a result of a breach of duty of care, then you might be able to claim compensation.
This guide will explain when you are owed a duty of care and how this could be breached, resulting in a wheelchair accident. Furthermore, we will look at some of the aspects of the claims process that might benefit you, such as collecting evidence.
One of the solicitors from our panel may be able to manage your injury compensation claim if one of our advisors feels you have a valid case. You can speak with a member of our team today to see if you could be connected with a lawyer.
Please enquire with Legal Helpline today to make a wheelchair accident claim:
- Call Legal Helpline on 0161 696 9685
- Contact us in writing via our website
- Ask an advisor a question using our live support widget below
Select A Section
- A Wheelchair Injury Claims Guide
- Hospital Wheelchair Injuries
- Care Home Wheelchair Injuries
- Defective Wheelchair Injuries
- Settlements For Wheelchair Injury Claims
- Contact Us About Defective Wheelchair Injury Claims
Not all examples of wheelchair accidents will be grounds for a successful claim. There are circumstances where you could be involved in an accident in a wheelchair, but liability for the incident can’t be attributed to anyone responsible for your safety.
This guide will look at wheelchair accidents in care homes and hospitals. We will also look at whether you could be entitled to claim if you were involved in a wheelchair accident because of a defective wheelchair.
In order to claim, another party must have owed you a duty of care which was then breached, causing you to be injured. If a breach of duty occurred and caused an accident but you weren’t harmed psychologically or physically, then you’d be unable to claim.
Determining eligibility for wheelchair injury claims can be a daunting process. Please call Legal Helpline to see if you can claim. If you do have a valid case, then a No Win No Fee solicitor from our panel could be provided to you.
Patients are owed a duty of care in hospitals. Healthcare providers must provide their patients with a minimum standard of care; a breach of this duty that causes unnecessary harm is called medical negligence.
For example, a nurse in the hospital could put you into a wheelchair despite your medical records indicating that you have a broken coccyx. As a result, the fracture gets worse.
Furthermore, you could be involved in an accident in a hospital. The party in control of a space is responsible for maintaining the space for the reasonable safety of those that use it. They have a duty of care under the Occupier’s Liability Act 1957.
For example, your wheelchair could turn over because of a loose floor tile that it catches on. As a result, you fall from the chair and sustain a shoulder injury.
If you would like guidance on wheelchair injury claims, speak to a member of our team today.
Likewise, care homes are also responsible for their resident’s health and safety under the Occupier’s Liability Act 1957. This means that the space must be well maintained.
A care home accident could happen because of the following reasons:
- A wheelchair ramp is faulty and collapses under the weight of a wheelchair, therefore injuring the resident.
- There is a step on a walkway and no warning sign, which can cause the chair to tip over.
- An employee that received no workplace training operates a wheelchair for a resident and injures them.
If you’d like to know more about the wheelchair injury claims process, speak with our team today.
Under the Consumer Protection Act 1987, consumers may be able to claim compensation from a manufacturer if a faulty product injures them. This includes wheelchairs.
Faults with a wheelchair can include the following:
- The batteries on an electric wheelchair could leak, causing chemical burns.
- A wheel could fall off a wheelchair, causing the wheelchair to tip.
- The brakes on the wheelchair could fail. Consequently, the wheelchair may roll into an unsafe environment, such as down a slope or into traffic.
For guidance on when defective wheelchair injury claims could be valid, speak with an advisor. If you have a valid claim, then you could be passed on to a No Win No Fee solicitor from our panel to work on your case.
You may wonder how wheelchair injury claims are calculated. If your claim succeeds, you can receive up to two heads of claim. The first is general damages for the pain and suffering caused by your physical or psychological injuries.
You can use the table below to see what the general damages head of your claim could be worth. The Judicial College Guidelines, a document that lists injuries and guideline compensation brackets, were used to create this table. However, the amount of compensation in the guide is not guaranteed, and you should speak with an advisor for guidance about how much you could receive.
|Wrist Injury (A)||£47,620 to £59,860||Wrist injuries which result in a total loss of wrist function.|
|Wrist Injury (B)||£24,500 to £39,170||A wrist injury which results in a permanent and significant disability.|
|Wrist Injury (C)||£12,590 to £24,500||Less severe wrist injuries where the person is left with some degree of permanent disability.|
|Jaw Bone Fractures (i)||£30,490 to £45,540||There are serious and multiple fractures of the jaw bone which need long-term treatment and which have permanent consequences.|
|Jaw Bone Fractures (ii)||£17,960 to £30,490||Serious fractures of the jaw bone which leave the person with permanent consequences. There may be paraesthesia around the jaw.|
|Jaw Bone Fractures (iii)||£6,460 to £8,730||Simple fractures of the jaw bone which immobilise it, but from which the person fully recovers.|
|Forearm Fracture (simple)||£6,610 to £19,200||A simple fracture of the forearm.|
|Cheekbone Fracture (i)||£10,200 to £15,780||A serious cheekbone fracture which requires surgery. The injury has lasting consequences and could leave the person with a degree of disfigurement.|
|Cheekbone Fracture (ii)||£4,350 to £6,460||A simple cheekbone fracture. The person will need to have reconstructive surgery.|
|Cheekbone Fracture (iii)||£2,320 to £2,990||A simpler cheekbone fracture which does not need surgery. The person should make a full recovery.|
In addition, you could receive special damage compensation. These are compensation payments to reimburse you for any financial losses your injuries cost you. Examples of costs that could be covered by special damages include:
- Medical costs
- Travel costs
- Loss of earnings reimbursement
- Care expenses
- Home adaptation expenses
- Mobility equipment costs. If your wheelchair was damaged during the accident, you could claim compensation for it to be repaired or replaced.
If you’d like more guidance on what could be included in successful wheelchair injury claims, speak with an advisor today.
You could claim compensation if you experienced a wheelchair accident because another party acted negligently. If one of our advisors can see that you are eligible to make an accident claim, we can appoint a knowledgeable solicitor from our panel to handle your claim. What’s more, you might be offered a No Win No Fee agreement.
If a solicitor offers you a No Win No Fee agreement, you will generally not pay upfront or as the claim progresses. Furthermore, you won’t be asked to pay your lawyer for the work that they have done in the event that you aren’t awarded compensation.
Instead, you agree to pay a success fee if the claim succeeds. The success fee is capped, so the cost is proportionate with your compensation payment.
You can get in touch using the details below:
- Call our accident claims advice line on 0161 696 9685
- Contact us using the online claims form
- Ask an advisor a question using our Live Support widget below
Find Out More About Claiming Compensation
These articles may help you learn more if you wish to make a personal injury claim:
We have also included the resources below for your information:
Walking aids, wheelchairs and scooters – Guidance from the NHS
Equality Act 2010 and reasonable provisions – Information from the Royal Society for the Prevention of Accidents
Definition of disability under the Equality Act 2010 – A UK government guide
We appreciate you taking the time to read our wheelchair injury claims guide.
Written by HC
Edited by FS