By Stephen Kane. Last Updated 9th June 2023. 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.
Contact Us
- 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 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?
How Do You Prove A Slip And Fall Compensation Claim?
Select A Section
- What Is The Average Payout For Slip And Fall In The UK
- What Are Special Damages And What Can Be Included?
- What Are Slips, Trips And Falls?
- Personal Injury Claim Time Limits For Slip And Fall Claims
- Evidence Is Needed For A Personal Injury Claim
- No Win No Fee Claims For Slips And Falls
- More Information
What Is The Average Payout For Slip And Fall In The UK?
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.
Judicial College Guidelines Compensation Brackets
| Injury | Severity | Comments | Amount |
|---|---|---|---|
| Multiple Serious Injuries And Special Damages | Serious | 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+ |
| Back Injury | Severe (i) | Injuries may involve damage to the spinal cord and nerve roots, leading to serious, long-term effects. | £91,090 to £160,980 |
| Back Injury | Moderate (i) | A crush or compression fracture of the lumbar vertebrae that causes constant pain with a risk of osteoarthritis. | £27,760 to £38,780 |
| Knee Injury | Severe (i) | The knee joint has been disrupted which leads to the development of osteoarthritis and will require considerable treatment. | £69,730 to £96,210 |
| Knee Injury | Moderate (i) | Injuries include dislocation, torn cartilage/meniscus which results in some immobility. | £14,840 to £26,190 |
| Hand Injury | Serious Hand Injuries | Injuries include those that cause the hand to have 50% of their previous function. | £29,000 to £61,910 |
| Hand Injury | Moderate Hand Injury | Crush injuries, deep lacerations and penetrating wounds. | £5,720 to £13,280 |
| Shoulder Injury | Severe | 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 |
| Shoulder Injury | Moderate | Frozen shoulder injuries that persist for about two years, and cause discomfort with limited shoulder movement. | £7,890 to £12,770 |
| Ankle Injury | Modest | 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 Are Special Damages And What Could Be Included?
Whilst general damages can take their cue from recommended awards in the Judicial College Guidelines, special damages concentrate on the other consequences of your injury that have cost you money. An accident can be accompanied by a deluge of unwanted costs and unexpected expenses. Proving them could lead to compensation for these financial losses.
Any cost you can prove as a result of your injuries, caused through no fault of your own, could be included. Your personal injury solicitor (if you choose to use one) can help you track expenses and compile evidence that proves you were left out of pocket. You could use bills, receipts or prescriptions to prove your financial losses as well as other documents.
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.
What Are Slips, Trips And Falls?
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.
For example:
- 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.
Personal Injury Claim Time Limits For Slip And Fall Claims
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.
Evidence Needed For A Personal Injury Claim
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.
No Win No Fee Claims For Slips And Falls
No Win No Fee arrangements offer people a way of using the services of a personal injury lawyer without too much financial risk. Building a case takes time and attempting it alone can be confusing and exhausting. Your No Win No Fee lawyer can instantly alleviate this stress from day one.
Perhaps the most attractive advantage is that there are no upfront fees to pay a No Win No Fee lawyer. In addition to this, there are no lawyer fees to pay as the case moves forward—however slowly or quickly this takes. When it comes to your case being settled, if it fails, there are no fees to pay your lawyers at all. When you sign a No Win No Fee agreement, you protect yourself with these benefits.
If your case wins, you would pay a small success fee to the lawyer, and the law keeps this capped.
Your lawyer will advise about the likelihood of success right at the start, so you won’t waste your time or theirs with a weak case. No Win No Fee can be convenient and useful for those who may struggle to fund a solicitor. Because your lawyer has a vested interest in winning the maximum amount, you can relax safe in the knowledge that they are utterly committed to your case too.
Contact Our Team
For help calculating compensation amounts for slips, trips and falls, reach out to us today. You can:
- Call our personal injury claims team on 0161 696 9685. We’re available 24/7 to take your call.
- Write to us using our online contact form.
- Speak to Natalie through our live support option for on-the-spot free legal advice.
Our personal injury claims team is available 24/7 to discuss your case. They can advise on what the average payout for a slip or fall is and offer more information on how to claim compensation.
More Information On Personal Injury Claims
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.
- 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.
Thank you for reading our guide on how to prove slip and fall accident compensation claims.