This guide will explore when you could be eligible to make a personal injury claim for harm you have sustained after falling in the street. It will provide an overview of the criteria that need to be satisfied, the time limits in place for starting legal proceedings, and the evidence you could gather to strengthen your case.
Occupiers of public spaces have a duty of care towards members of the public. If their duty is not met, it could lead to accidents and subsequent injuries. This guide will give you a closer look at the legislation that lays out the responsibilities occupiers have, and how a trip or fall accident could occur if these are not adhered to.
Furthermore, we will explore the compensation you could be awarded for injuries sustained in a public accident.
Finally, we will cover the benefits of entering into a No Win No Fee agreement with our panel of personal injury solicitors.
Please read on for more useful information, though if you have any immediate questions about public liability claims, you can speak with our advisors. You can reach them via:
- Phone: 0161 696 9685
- Online: Contact us through our web form
- Live chat: Speak with an advisor via the function below
Select A Section
- Can I Claim For Falling In The Street?
- What Could Cause You To Fall In The Street?
- What Evidence Do I Need To Prove My Fall?
- Examples Of Payouts For Falling In The Street
- Could You Claim On A No Win No Fee Basis?
- Further Guidance On Claims For Falling In The Street
Not all accidents that occur will form the basis of a valid claim. The following criteria must be met to ensure that a personal injury claim is valid:
- The occupier owed you a duty of care.
- They breached this duty of care, causing your accident.
- The breach resulted in you sustaining physical or mental harm in the accident.
The Occupiers’ Liability Act 1957 applies a duty of care to occupiers. Section 2 of the Act 1957 notes that this duty of care entails taking all possible steps to ensure the reasonable safety of visitors. Such steps could include:
- Regular risk assessments;
- Maintaining equipment;
- Removing or reducing the risk of known hazards.
If there has been a failure to uphold this duty of care, and this led to you falling in the street and sustaining harm, you may be eligible to make a personal injury claim.
As well as meeting the eligibility criteria, a claim must be started within the legal time limit. The Limitation Act 1980 states that the limitation period for personal injury claims is generally three years from the accident date. However, there are some cases where time limits could differ.
Please speak with our advisors through the above contact details if you would like to check whether you are eligible to claim and how long you have to do so.
There could be numerous reasons for falling in the street, including if you tripped on a pavement that was broken. Other causes of this type of accident could include:
- Ice or snow that has not been salted or cleared up;
- Loose manhole covers;
- Exposed wires, tubing, or tree roots that have broken through the pavement;
- A pothole that has not been fixed after being reported;
- Incorrectly laid paving or broken pavement furniture like a bench or signpost;
- Pavements that are broken, damaged, or uneven – for example, a wobbly pavement slab.
These accidents could cause you to sustain several types of injuries, including broken bones, head injuries, wrist or hand injuries.
It is important to note, not all accidents leading to injury will form the basis of a valid claim. However, if you have evidence that a breach of duty caused you to sustain harm, please get in touch with an advisor to find out the next steps you could potentially take.
Evidence can be helpful in proving an occupier’s breach of duty caused you to sustain harm. As such, you may find it beneficial to gather the following:
- Photographs capturing the immediate accident scene, the cause of the accident, and any visible injuries you suffer.
- Medical records, such as a scan or doctor’s note, that you could request after receiving care.
- A diary that tracks your treatment and symptoms, and records your physical and mental state after the accident.
- Contact details of any witnesses who can give their account of the accident.
Solicitors from our panel can help you to gather evidence during a case. Please speak to our advisors to learn more about how a solicitor from our panel could assist you in seeking personal injury compensation.
General and special damages are the two heads of claim that can be included in a personal injury settlement. General damages will be awarded to account for the pain and suffering caused by your injuries.
The below table shows guideline award brackets from the Judicial College Guidelines (JCG). The JCG is referred to by legal professionals alongside medical evidence to help them in assigning value to injuries.
You should bear in mind that the figures only serve as a guide, and a settlement will depend on many factors.
|Injury||Severity||Compensation - Guidelines||Notes|
|Pelvis and Hip||Severe (i)||£78,400 to £130,930||Fractures of the pelvis that are extensive and involve a dislocated lower back joint and a ruptured bladder.|
|Head||Moderate (iii)||£43,060 to £90,720||Injuries reduce the ability to work, also impacting memory and concentration. However, dependence on others is limited.|
|Leg||Severe (iii)||£39,200 to £54,830||Serious compound or comminuted fractures, or joint or ligament injuries.|
|Elbow||Severely Disabling||£39,170 to £54,830||An injury to the elbow that causes a severe disability.|
|Ankle||Severe||£31,310 to £50,060||Injuries that require a lengthy treatment and/or a period spent in plaster, or where pins and plates are needed.|
|Back||Moderate (i)||£27,760 to £38,780||Many injuries are covered in the bracket, including, as one example, reduced mobility and nerve root irritation caused by intervertebral disc damage.|
|Knee||Moderate (i)||£14,840 to £26,190||A torn cartilage or meniscus, or dislocation, leading to mild future disability like muscle wasting, weakness or instability.|
|Wrist||Less Severe||£12,590 to £24,500||Permanent disability is caused, such as a degree of ongoing pain and stiffness.|
|Shoulder||Serious||£12,770 to £19,200||The bracket includes soft tissue injuries with permanent, intrusive symptoms.|
|Arm||Simple||£6,610 to £19,200||Fractures of the forearm which are simple in nature.|
Types Of Special Damages
Financial loss may not be the first thing you consider after falling in the street, but the impact of your injuries could leave you out of pocket. Special damages are the head of claim that takes this into account. You could gather receipts or payslips for any of the following to use as proof when seeking compensation for financial losses in a personal injury claim:
- Loss of earnings if you are unable to work;
- Medical or other care costs;
- Travel expenses, such as bus fare to treatments;
- Home adaptation fees, if necessary, because of your injuries.
For more information on public liability claim payouts, please speak with an advisor on the number above.
You could be offered a Conditional Fee Agreement (CFA) by a solicitor from our panel. A CFA is a form of a No Win No Fee contract where you will not pay fees for your solicitor’s services, such as help gathering evidence and valuing your claim, at the following times:
- During the case;
- If the claim fails.
How To Start Your Claim
Please get in touch with our advisors to get a free consultation and to discuss whether you can claim for injuries sustained after falling in the street. An advisor can complete a free assessment and then put you through to a solicitor from our panel if your case has valid grounds.
If you would like to speak with our advisors today, please simply:
For more guides from us:
- Looking at compensation for a slip, trip or fall injury.
- Details on how to claim after an automatic door injury.
- More information on the personal injury claim process.
Some other helpful resources:
Thank you for reading our guide on when you could be eligible to make a personal injury claim after sustaining harm due to falling in the street. If you have any other questions, please get in touch with an advisor on the number above.
Written by EM
Edited by MMI