How To Make A Pavement Tripping Accident Claim For Compensation?

In the guide that follows, you will find information on the legal procedure for bringing a pavement accident claim. It should contain all of the information that you need to educate yourself about firstly, why you may be eligible to make a claim, and secondly, why the local authority might be liable to pay compensation.

You might have some questions that are unanswered by this guide. If this is the case, why not take a moment to discuss your case with a friendly claims advisor from our team on 0161 696 9685. They will be ready to get you the answers that you need and help to get your claim started.

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A Guide To Pavement Accident Claims

Pavement trip accident claims guide

Pavement trip accident claims guide

Within this guide to making a pavement accident claim, you will find everything that you will need to know in order to begin making informed decisions about your claim. The guide begins with a basic definition of what a pavement accident is, and also a table that details typical compensation ranges for injuries that could be caused by this kind of accident. You will also find a list of the most frequently awarded types of damages that a successful claim could include as part of the overall settlement.

The second part of this guide takes a look at the physical aspects of this kind of accident. We look at some of the most typical causes of pavement accidents. We also look at many of the common reasons why people make a pavement accident claim.

The final part of this guide provides details on the claims process and legal aspects of the claim. This includes a look at why a local council could be liable to pay compensation for a pavement accident. We also cover the general criteria that must be met before a person is eligible to make a claim, and provide a table that details the typical time limits that you must make your claim within. Finally, we describe how to start your claim, and introduce our national claims service as a simple yet effective way for you to make a claim, with no financial risk to yourself.

If you have any queries in relation to this guide, or simply want to discuss your claim, then please speak to one of our claim advisors. They will be ready and waiting to give you any assistance that you need.

What Is A Pavement Accident?

Before we get into explaining the legal position if you have had an accident on a pavement, we will begin by defining that a pavement accident is. A pavement accident is any kind of slip, trip or fall that has been caused by:

  • Damage to the pavement (potholes, broken paving slabs, etc.).
  • An uneven pavement (cobblestones, badly laid curbstones, etc.).
  • Obstructions to a pavement (garbage, construction materials, etc.).

The common theme with all of these situations is that the local council is responsible for maintaining pavements and keeping them safe (more on this in a section further down the page). Each of these causes could be a reason to make a pavement accident compensation claim.

How Much Compensation Can I Claim For A Pavement Accident?

Rather than adding an online personal injury claims calculator tool to this page, we much prefer to give solid facts. Towards this goal, we have created the table below using guidance passed down by an organisation known as the Judicial College, who publish guidelines on the values of different injuries and their severities. 

What Injury?How Severe?Typical PaymentNotes
Back injuryMinor to severeUp to £151,070Here, injuries will range upwards from simple cuts, lacerations, bruises, etc. through all kinds of soft tissue injuries, to either partial or full loss of function of the back.
Neck injuryMinor to severeUp to £139,210Here, injuries will range upwards from simple cuts, lacerations, bruises, etc. through all kinds of soft tissue injuries, to either partial or full loss of function of the neck.
Toe injuryModerate to severeUp to £29,770Here, injuries will range upwards from lacerations, burns, scrapes etc. through STI such as sprains and strains, all kinds of fractures (simple or compound), to total loss of one or more of the toes.
Ankle injuryMinor to severeUp to £46,980Here, injuries will range upwards from cuts, scrapes, burns, lacerations, etc. through fractures and all kinds of tissue damage, to the total loss of function of the ankle.
Foot injuryMinor to very severeUp to £102,890Here, injuries will range upwards from burns, scrapes, lacerations, bruises, etc. through all kinds of STI and fractures, to either paralysis or total loss of the foot.
Leg injuryMinor to severeUp to £127,530Here, injuries will range upwards from cuts, bruises, lacerations, etc. through all kinds of fractures and soft tissue damage, to paralysis or total loss of the leg at the hip or below the knee.
Hand injuryMinor to seriousUp to £58,100Here, injuries will range upwards from burns, scrapes, lacerations, bruises, etc. through all kinds of STI and fractures, to either paralysis or total loss of the hand.
Wrist injuryMinor to severeUp to £56,180Here, injuries will range upwards from cuts, scrapes, burns, lacerations, etc. through fractures and all kinds of tissue damage, to the total loss of function of the wrist.
Arm injuryModerate to severeUp to £122,860Here, injuries will range upwards from cuts, bruises, lacerations, etc. through all kinds of fractures and soft tissue damage, to paralysis or total loss of the arm at the shoulder or below the elbow.
Finger injuryMinor to severeUp to £34,480Here, injuries will range upwards from lacerations, burns, scrapes etc. through STI such as sprains and strains, all kinds of fractures (simple or compound), to total loss of one or more of the fingers.
Thumb injuryMinor to severeUp to £32,850Here, injuries will range upwards from lacerations, burns, scrapes etc. through STI such as sprains and strains, all kinds of fractures (simple or compound), to total loss of one or both of the thumbs.

If you would like to get a much more accurate estimate of how much compensation you could be owed for a fall, all you need to do is speak to one of our claims team. Once they know a little about your claim, they can tell you how much you might receive in compensation.

What Can I Claim For After Tripping On A Pavement?

Part of the answer to the question, ‘how much compensation do you get for a fall?’ is that it will depend upon the types of damages you claim for. If you make a trip claim, and you are successful, then the settlement you are offered may be made up of two types of damages, based on the actual losses suffered. Firstly, general damages, to compensate you for all of the physical harm and suffering endured, and secondly, special damages, to compensate you for financial and other non-physical losses. Let’s look at each in a little more detail:

General damages (related to the physical harm the accident caused):

  • Compensation for pain and suffering.

  • Compensation for mental trauma.

  • Compensation for psychological injuries such as P.T.S.D. and depression.

  • Compensation long-term, painful recovery.

  • Compensation for a permanent physical disability.

Special damages (related to the non-physical losses the accident caused):

  • To reimburse you for the cost of travel.

  • To reimburse you for private medical fees.

  • To reimburse you for the cost of in-home care.

  • To make up for the loss of income if you missed work.

  • To make up for any reduced earning potential in the future.

Common Causes Of Pavement Accidents

Pavement accident statistics

Pavement accident statistics

There are many ways that pavement accidents can happen. However, there are some causes that are far more common than others, and these include:

  • Potholes (of more than 4cm deep).
  • Badly laid paving slabs.
  • Uneven surfaces (such as bricks or cobblestones).
  • Cracked paving slabs or curbstones.
  • Obstructions that have been left on the pavement.
  • Garbage that has been left on the pavement.

No matter what caused your pavement accident, we could be able to help you claim if the local authority is to blame. Please speak to one of our claim advisors to learn how we can be of help.

Common Reasons For Making A Pavement Accident Claim

People seek council compensation payouts for pavement injuries for a wide range of reasons. However, there are some reasons that are more common than others, such as:

  • Soft tissue injuries – these are injuries such as sprains, strains and other kinds of muscle, tendon or ligament damage.
  • Cuts and lacerations – caused by the person striking the pavement as they fall. Typically, areas of the body such as the elbows, knees and hands are at risk of cuts in a slip, trip or fall accident.
  • Fractures – this can be everything from fairly minor hairline fractures to the small bones of the hand, through to compound fractures of the hip. Elderly people are especially prone to fractures when they suffer a slip, trip or fall accident.
  • Head injuries – such as concussion, jaw fractures, or damage to an eye.

No matter the reason why you are claiming for a pavement accident, we could be able to assist you. Please speak to one of our claims team; they will be able to tell you how we can help, and be able to get your claim started for you.

What Liability Does The Council Have?

In this section, we are going to take a look at local councils’ responsibility for pavements. This is vital information that is needed to answer questions such as, ‘can I claim compensation from the council?’

Pavement repair by council

Pavement repair by council

The local council is responsible for maintaining all public pavements, and other walkways. The Highways Act 1980 clearly states that the council must keep pavements free from obstruction and in a safe condition. Unfortunately, despite the best efforts of a council to keep pavements safe, circumstances such as bad weather, wear and tear, and growing tree roots often damage pavements.

Each council has a process in place to regularly inspect pavements and to carry out required repairs. Busy areas with lots of pedestrian traffic are checked more often than less busy areas. When a defect is found, the council is obligated to fix the damage within a reasonable time. The UK Government also operates a system for reporting damaged pavements (and roads) via a website, with this information being passed to the relevant council. We’ve included the link at the end of the article.

If this process fails, and it leads to a member of the public suffering a slip, trip or fall accident due to damaged pavement, a reason to make a claim could exist. We can likely assist you with this. Speak to one of our claim advisors to learn how.

Criteria Your Accident On A Pavement Needs To Meet

Part of the answer to the question, “can I sue the council for tripping?” is that you will need to fulfil all of the eligibility criteria for making a claim against the council for a pavement accident. This means that the hazard that caused the accident must be of a certain seriousness, and you must have suffered harm in some way.

Height Of The Pavement Defect

The official pavement trip hazard height for which a local council will entertain a claim for compensation is 4cm. Any accident caused by a hazard that was less than this height will generally be denied. However, in some cases, it is still possible to claim. For example, you tripped over an obstruction left by a council worker. Speak to one of our claim advisors for some free advice on this.

You Must Have Had An Injury

For you to make a claim for a pavement accident, an injury must have occurred. Put simply, if you were not physically harmed due to the slip, trip or fall, then you have no reason to be making a claim. The injuries don’t need to be above a specific level of severity, and it could be possible to claim for even minor injuries in many cases. If you wish to know whether your injury would qualify for a claim, please speak to one of our claims team to find out.

How Much Time Do I Have To Claim For My Pavement Injuries?

There is a personal injury claims time limit in place for all cases, within which you will need to start making your compensation claim. Please note, that as long as you begin your claim within this limit, then even if the limit is up before your claim is settled, this isn’t a problem.

Circumstances of ClaimTime Limit
You were less than 18 years old when the accident took place.Three years from the date of your 18 th birthday.
You were 18 years or older when the accident took place.Three years from the date of the accident.

However, in some special cases, this standard time limit can differ. We recommend that you talk to one of our claims team and check that this time limit applies in your own case, or which does apply if there are extenuating circumstances.

How To Start Your Pavement Trip Accident Claim

If you need to make a claim for pavement accident compensation, then the process for engaging us as your legal team is very simple. To begin, speak to one of our claim advisors on the number you will find down below. When you do, they will talk you through our new claims process by asking you questions such as:

  • Where did the pavement accident happen?
  • When did the pavement accident happen?
  • Was the accident caused by a hazard more than 4cm in height/depth?
  • What injuries have you suffered?
  • Why do you think you have a reason to make a claim?
  • Does your doctor see the long-term prognosis for a full recovery as being good?
  • Did you lose out on your salary/wages due to missing work?
  • What other losses have you encountered?

Asking questions like these allows us to build up a good picture of how your accident happened, and how it has affected your life. Once we have enough answers, we can begin to offer you informed legal advice on how best to proceed with your claim. In many cases, this advice will be to use our claims service (more on this below) to get you the compensation that you are entitled to.

No Win No Fee Pavement Accident Claims

We have a financially risk-free option for people looking to bring a pavement accident claim. We offer all claimants the ability to pursue a No Win No Fee claim. This means that there is no fee at all to start working on your claim for you, and no charge at all while we are processing your claim, no matter how long it takes us to reach a settlement. If we are unsuccessful, and not able to secure you a compensation settlement, then we still won’t charge you any fee. The only time we will charge you a fee is when we have won a compensation settlement for you and received a payment on your behalf. We will then take a small percentage, known as a success fee, from the money received. As you can see, you really have nothing to lose.

Why Claim For A Pavement Trip Accident With Our Experts

When you use us as your legal team for making a pavement accident claim, then you can be sure that we will always explain everything that we are doing without any legal jargon, just plain and simple English. We will do all we can to make sure your claim is successful, and that you receive the most compensation possible. The simple three-stage process below shows how simple it is to get your claim started today.

Speak to one of our claims team using web chat, email or telephone.Our claims team will discuss your claim with you.If you have a valid claim, we will begin processing it right away.

Call Our Expert Team

We can help people to claim for pavement accidents. If you have slipped, tripped or fallen on a public pavement, and believe you have a reason to claim, please call us on 0161 696 9685. One of our team will be ready and waiting to help get your claim underway today.

Where To Find Out More

You may find these additional websites to be of us:

How to report a damaged pavement to the UK Government

How the UK Government prepares pavements for the winter

NHS information on fall injuries

Workplace Rights

No Win No Fee Claims

 

Written by CR

Edited by DEG