By Stephen Kane. Last Updated 2nd February 2024. How do you prove a slip and fall compensation claim? It can seem as if the accident that caused your injury was because of your own clumsiness or lack of attention. However, if you’re in a place that’s accessible to the public (such as a park or supermarket) or at work, you may find that your injuries weren’t your fault. A third party has a duty to protect your safety in certain circumstances. A breach of this duty can be frustrating when you know that you took care and still fell victim to injury.
In this article, we offer advice on how to substantiate your claim, prove that the negligence of others caused your injury, and we demonstrate how a No Win No Fee lawyer can calculate compensation that you could be owed.
Slips, trips, and falls can seem like minor issues but this is not necessarily true. Depending on how badly you fall, what you land on, and other factors, it’s easily possible to really hurt yourself in all manner of ways.
Negligence on the part of others at work or in public can cause slips, trips, and falls and we explain how you can prove this effectively. You might be ready to start a claim right now and we can help you get started.
When you get in touch with our team, they may be able to connect you with a personal injury lawyer from our panel.
- Calling our personal injury claims team on 0161 696 9685. They’re available 24/7 to take your call.
- Writing to us using our contact form online.
- Speaking to us through our 24/7 online live chat.
Our advisors could discuss your claim with you at no charge or connect you with a No Win No Fee personal injury lawyer to take on your case. Continue reading to find the answer to that all-important question after your injury—how do you prove a slip and fall compensation claim?
Select A Section
- How Do You Prove A Slip And Fall Case?
- What Are Slips, Trips And Falls?
- What Are The Personal Injury Claim Time Limits For Slip And Fall Claims?
- What Is The Average Compensation Payout For Slip And Fall In The UK?
- Can A No Win No Fee Solicitor Help You Prove A Slip And Fall Case?
- More Information On How To Prove A Slip And Fall Case
Evidence is crucial for all personal injury cases. As we touched upon above, a medical assessment represents perhaps the most concrete piece of proof that you suffered injury from the accident you describe. This evidence can form the basis of your claim for compensation, but there are other things that can help too.
- CCTV footage—obtain video evidence of your slip, trip or fall if you can. A picture can speak a thousand words on your behalf.
- Witness contact details—anyone who was able to witness what happened and is willing to give a statement can bolster your claim.
- Receipts, bills, and statements can prove outgoings that the injury caused.
- Emergency services reports or A&E admission records can help too.
Solid evidence can decrease the chance of slip and fall compensation claims being unsuccessful. It’s worth taking the time and trouble to gather the evidence suggested above. It can help you present a much more coherent and water-tight case.
If we assume that people are taking as much care as possible and that it’s unlikely anyone would willingly inflict injury upon themselves, this still leaves a wide margin for potential hazards.
- Many modern workspaces favour the use of sleek, polished floors which can be hazardous when wet. Unattended wet patches or spillages on floors can lead to slips. They should always be clearly marked off or have ‘cleaning in progress’ signs clearly visible. This can prevent the unwitting employee or visitor from slipping over violently and risking any sort of injury—from a sprained ankle to a fractured skull.
- The Health and Safety at Work etc. Act 1974 asks employers to create the safest possible work environment. For example, they should train employees in the safe storage and use of materials, if appropriate. They should also ensure that employees keep anything that could cause a trip or fall out of harm’s way. Therefore, exposed cables, boxes or any materials which hinder clear, unobstructed access should be attended to in order to minimise the risk of injury.
- Poor lighting can also cause slips, trips or fall accidents. Taking a flight of stairs in the dark can be highly dangerous. A sudden fall down just a few steps can leave people with life-altering injuries if they land badly on their head or spine. The Occupiers’ Liability Act 1957 requires those in control of a public space to do all they can to protect our safety and wellbeing and anticipate hazards.
- Ice that is not removed can be a real risk of injuries like twisted ankles, shattered knees, and fractures.
Depending on how you land, you could suffer a multitude of different injuries. Any slip, fall or trip may require you to reach out and attempt to break your fall. This can result in fractured wrists, broken elbows, or dislocated shoulders. In addition to this, you could collide with something as you fall. This can be much more serious if you bang your head.
Contact our team of advisors today to find out if you could claim compensation if you slipped on ice.
If you have a valid personal injury claim, you must ensure you start proceedings within the relevant time limit. The Limitation Act 1980 states that you will have three years to start a personal injury claim from the date of the accident that injured you.
Under certain circumstances, the time limit can work differently. For example, if a child is injured due to a slip and fall, then the time limit is paused until their 18th birthday. Before that day comes, a claim could be made on the child’s behalf by a court-appointed litigation friend. If a claim has not been made before the day the child turns 18, then the injured party will have three years to start their own claim from that date.
If the injured party lacks sufficient mental capacity to make their own claim, then the three-year time limit is indefinitely suspended. A litigation friend could make a claim on their behalf. However, if the injured party later regains enough mental capacity to make a claim, and one hasn’t already been made, then the time limit will start from the date of recovery.
Contact our advisors on the phone or online today if you want to ask questions about time limits or other matters regarding slip and fall compensation claims.
You might be wondering how much compensation you could receive in a successful slip-and-fall compensation claim. When making a successful claim for a fall, trip, or slip, any pain and suffering that you have experienced due to your injury will be compensated by general damages.
When trying to find out how much you could receive in general damages, a personal injury claim calculator may be recommended to you. However, this may not be able to calculate any special damages you are eligible for, so we would recommend contacting an advisor for a full estimate.
We have used the figures listed in the 16th edition of the Judicial College Guidelines (JCG) when creating the table below. The JCG is a document that many legal professionals use to help them value claims, as it lists compensation brackets for various injuries.
It is important to note that there is no average payout for a slip and fall in the UK. This is because every case is different, and how much compensation you could receive will depend on the factors affecting your claim. Therefore, this table should only be used as a guide.
It should also be noted that the top entry of this table has not been taken from the JCG.
Judicial College Guidelines Compensation Brackets
|Multiple Serious Injuries And Special Damages
|Multiple serious injuries in combination with special damages, such as lost earnings, the cost of mobility aids, and the cost of counselling and prescriptions.
|Up to £200,000+
|Injuries may involve damage to the spinal cord and nerve roots, leading to serious, long-term effects.
|£91,090 to £160,980
|A crush or compression fracture of the lumbar vertebrae that causes constant pain with a risk of osteoarthritis.
|£27,760 to £38,780
|The knee joint has been disrupted which leads to the development of osteoarthritis and will require considerable treatment.
|£69,730 to £96,210
|Injuries include dislocation, torn cartilage/meniscus which results in some immobility.
|£14,840 to £26,190
|Serious Hand Injuries
|Injuries include those that cause the hand to have 50% of their previous function.
|£29,000 to £61,910
|Moderate Hand Injury
|Crush injuries, deep lacerations and penetrating wounds.
|£5,720 to £13,280
|Involved damage to the brachial plexus and is usually associated with a neck injury. This results in a serious disability.
|£19,200 to £48,030
|Frozen shoulder injuries that persist for about two years, and cause discomfort with limited shoulder movement.
|£7,890 to £12,770
|Sprains, undisplaced fractures and ligamentous injuries. The recovery rate and other symptoms will affect how much is awarded.
|Up to £13,740
Contact our advisors today to find out whether you may be eligible to claim compensation.
What Can Special Damages Include?
You might be surprised to learn some of the losses that can be included. For example, loss of earnings and future or anticipated earnings can be included. You could also recover lost bonuses from work. Damage to your personal property as you fell, such as mobile phones or eyewear could be added, as can care costs for anyone who needed to look after you as you recovered. This can include family members if they can prove the time they took to look after you.
Forfeited deposits for holidays, child care, gardening, travel expenses, dog-walking, medical appliances, physiotherapy—this list of what you could claim can go on and on.
You didn’t ask for the accident. And you certainly didn’t ask for the financial chaos your injuries could bring to your health and wealth. Speak to our personal injury claims team today to see what else you could win back as damages. If you’d like to discuss our guide and answers to the question ‘How do you prove a slip and fall compensation claim?’, they can help with that too.
If you were injured in a slip and fall accident, an expert personal injury claims solicitor from our panel could help you prove your claim. One of the benefits of working with a solicitor on your claim is that they can help you gather evidence to support your case. They can also help you negotiate a settlement, and explain any parts of the claims process that are complex.
Our panel of solicitors work on a No Win No Fee basis. This means that you generally don’t need to pay them an upfront or ongoing fee for their work, since they offer their services under a Conditional Fee Agreement (CFA). This also means that if your slip and fall accident claim fails, you won’t pay your solicitor for their work on the case.
If your slip and fall case succeeds, your solicitor will be due a success fee. They’ll take this directly from your compensation as a small percentage. However, this percentage is subject to a legal cap, which helps make sure that you keep the larger share of what you receive.
Contact Our Team
Our team of advisors can evaluate your slip and fall accident claim for free when you contact us today. Through this consultation, they can tell you whether or not you have a valid personal injury claim, and could potentially connect you with a personal injury lawyer from our panel. To get started:
The resources below offer more information about the subjects we’ve discussed:
- To find out about how to calculate compensation for workplace injury, please read our guide.
- Perhaps you are seeking compensation for a car accident? This is another area of expertise where our team can offer free legal advice.
- We offer on-the-spot guidance on all aspects of personal injury claims and encourage you to look through our site if you suffered any type of personal injury in the workplace or in public or on the roads. Slips, trips, and falls accidents are only a small part of what we can help with.
- Find out if you can claim compensation for a slip and fall accident in a hospital and how to go about submitting a claim with evidence
- Read the Government’s regulations for working at heights. Unsafe procedures, missing equipment, or other failings on the part of your employer can cause fall accidents. We can help.
- Find out about RIDDOR and the procedures for reporting a serious injury in the workplace.
- This guide covers how to claim compensation if you have slipped, tripped or fell due to a doormat.
Thank you for reading our guide on how to prove slip and fall accident compensation claims.