By Cat Grayson. Last Updated 18th October 2023. In the guide that follows, you will find information on the legal procedure for bringing forward pavement accident claims. It should contain all of the information that you need to educate yourself about firstly, why you may be eligible to claim compensation, and secondly, why the local authority might be liable to pay compensation.
We’ll discuss when you could make a pavement accident claim, and how one of the personal injury solicitors from our panel could help. We will also explore the time limit for pavement accident claims, and how much compensation you could receive.
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. You can also use our online contact page or 24/7 live chat service. Our advisors will be ready to get you the answers that you need and help to get your claim started.
Select A Section:
- When Could I Make A Pavement Accident Claim?
- What Are The Most Common Causes Of Pavement Accidents?
- How Much Compensation For Tripping On A Pavement Could I Claim?
- Personal Injury Claim Time Limits For Pavement Injuries
- Pavement Accident Claims With A No Win No Fee Solicitor
- Where To Find Out More
If you tripped and fell on uneven pavement, you might be wondering if you could be eligible to make a pavement accident claim. In order to make any kind of compensation claim, you must be able to prove that:
- You were owed a duty of care
- This duty of care was breached
- You were injured as a result
When you are in a public space, such as a public park or on the street, you are owed a duty of care under the Occupiers’ Liability Act 1957 (OLA). This legislation states that the controller of the space must ensure the reasonable safety of visitors.
Under the Highways Act 1980, local councils and authorities are responsible for the maintenance and upkeep of public streets and roads. This means that, generally, your local council or the local authority owes you a duty of care, and they are responsible for ensuring that pavements are safe to walk on.
To uphold this duty, regular inspections should be carried out, and repairs should be made within an adequate timeframe. If a local council fails to uphold their duty of care, and you suffer an injury as a result, then you may be able to make a claim for personal injury compensation.
To learn more about eligibility for pavement accident claims, contact our team of friendly advisors today. They can evaluate your case for free, and if your claim is valid, they may connect you with a solicitor from our panel.
There are many ways that pavement accidents can happen. However, as we’ve already mentioned, your accident must be caused by a breach of the council’s duty of care if you want to make a pavement accident claim.
Some examples of accidents that could lead to a claim include:
- If the roots of a tree grow through the pavement, this can cause a pavement defect where paving stones to lift up and become a tripping hazard. If a council inspector fails to notice this while conducting an inspection, and the hazard goes unrepaired, this could result in a tripping accident.
- If paving slabs aren’t laid properly, this may result in slabs that are uneven, causing pedestrians to lose their balance and fall.
- If a pedestrian reports an obstruction or fault to the council and they fail to repair it within a reasonable timeframe or clearly signpost this hazard, this could result in other pedestrians tripping and falling.
These are only a few examples of incidents that could lead to pavement accident claims. To learn more about making a claim, contact our team of advisors today. Or, read on to learn more about how much compensation for tripping on the pavement you could receive if your claim succeeds.
You might be wondering, ‘How much compensation for tripping on the pavement could I get?’
If your personal injury claim is successful, your pavement accident compensation settlement could include general and special damages.
General damages compensate you for the pain and suffering caused by your injuries. When valuing your compensation claim, a legal professional may refer to the Judicial College Guidelines (JCG). This document lists compensation guidelines for various injuries at different severities. We have taken figures from the 16th edition of the JCG to create the table below. However, please only use the table as a guide only.
What Injury? How Severe? Typical Payment Notes
Multiple Severe Injuries Plus Special Damages Severe Up to £1,000,000+ Multiple severe injuries combined with financial losses, such as the cost of mobility aids, lost earnings, and pension contributions.
Head Injury Very Severe £282,010 to £403,990 There is a need for constant professional nursing care as a result of severe disability, double incontinence, little if any language function and no meaningful response to the surrounding environment.
Back injury Severe (ii) £74,160 to £88,430 Cases with special features which take them out of the lower brackets, including nerve root damage leading to loss of sensation and impaired mobility.
Neck injury Severe (i) In the region of
Neck injuries that are associated with incomplete paraplegia or where the injured person sees no improvement despite wearing a collar almost constantly.
Leg injury Serious (iii) £39,200 to £54,830 Injuries such as serious compound or comminuted fractures, and injuries to joints or ligaments that result in instability.
Arm injury Injuries Resulting in Permanent and Substantial Disablement £39,170 to £59,860 Serious fractures to both forearms or one forearm that results in residual disability.
Foot injury Moderate £13,740 to £24,990 Displaced metatarsal fractures leading to permanent deformity and ongoing symptoms.
Ankle injury Moderate £13,740 to £26,590 Fractures and ligamentous tears that result in less serious disabilities.
Hand injury Severe Fractures To Fingers Up to £36,740 Severe finger fractures that can lead to partial amputations and result in reduced grip and function.
Wrist injury (a) £47,620 to £59,860 Injuries resulting in complete loss of function in the wrist.
What Are Special Damages?
Special damages can be awarded to compensate you for any financial losses or expenses you have incurred due to your injuries
Examples of the financial losses you could be compensated for include:
- A loss of earnings if you’ve required time off work to recover from your injuries
- Medication costs, such as having to pay for prescriptions.
- Travel expenses, such as taking taxis to and from medical appointments.
How Can I Prove A Claim For Special Damages?
In order to be awarded special damages as part of your pavement accident claim, you’ll need to provide evidence of any financial harm you have sustained. For example:
- A wage slip can prove a loss of earnings.
- Any receipts relating to your prescription costs.
- Any proof of travel, such as a bus or train ticket.
Find out how much your tripping on a pavement claim could be worth by speaking to our advisors. They may also connect you with an expert No Win No Fee solicitor from our panel, who could use their experience to work out the value of your claim.
Now that you know more about pavement accident claims and how much compensation for tripping on the pavement you could potentially receive, you might be wondering how long you have to start a claim.
Generally, you have to start your pavement accident claim within three years of sustaining your injuries. This time limit is set out by the Limitation Act 1980. However, this does come with some exceptions.
For example, the time limit is frozen for those who are injured while under the age of eighteen. While the time limit is frozen, a court-appointed litigation friend can make the claim on their behalf. Otherwise, the time limit begins on their eighteenth birthday and ends on their twenty-first.
The time limit is suspended indefinitely for those who do not have the mental capacity to claim for themselves. In these cases, a litigation friend can make the claim on their behalf. Otherwise, the time limit will only be reinstated if they regain the appropriate capacity.
To find out if you are within the time limit to make a pavement accident claim, contact our team of expert advisors today. Or, read on to learn how to claim compensation with a No Win No Fee solicitor.
If you have strong grounds to make a pavement accident claim, then you could seek help from a solicitor who has experience with supporting this type of case. If you contact our advisors, they could review your claim for you. If they determine you have a valid case, they may then connect you with a No Win No Fee solicitor on our panel.
A No Win No Fee solicitor from our panel may offer to represent you in your claim under a Conditional Fee Agreement (CFA). Under this arrangement, you won’t need to pay any upfront or ongoing fees for their services. Furthermore, if your claim is unsuccessful, there’s no need to pay your solicitor for the service they provided on your case.
If your claim is successful, then your solicitor will be paid a success fee. This is typically a small and legally capped percentage deducted from the personal injury compensation awarded to you.
Contact Our Team Today
To see if you could be eligible to make a trip on a pavement claim with the help of a solicitor on our panel, you can contact our advisors. They can also offer you free advice on how to claim compensation. To contact our advisors, you can:
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
More Helpful Personal Injury Claim Guides
- Injury claims against Burger King
- Injury claims against Aldi
- Personal injury claims against Tesco
- Slipped in Tesco, can I claim?
- How to claim compensation against the council
- Slip, trip and fall claims
- How to make a claim after a manhole cover or drain accident
Thank you for reading our guide on pavement injury claims.