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By Cat Grayson. Last Updated 3rd April 2024. 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 could 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 our personal injury solicitors could help. We will also explore the time limit for pavement accident claims, and how much compensation you could receive.
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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 509 2856. 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 Trip Accident Claim?
- What Are The Most Common Causes Of Pavement Accidents?
- Can I Still Make A Claim For A Pave,emt Fall That Was Partly My Fault?
- How Much Compensation For Tripping On A Pavement Could I Claim?
- Personal Injury Claim Time Limits For Pavement Injuries
- What Evidence Can Support Pavement Accident Claims?
- Pavement Accident Claims With A No Win No Fee Solicitor
- ind Out More About Making A Pavement Trip Accident Claim
When Could I Make A Pavement Trip Accident Claim?
If you tripped and fell on uneven pavement, you might be wondering if you may be eligible to start a pavement accident claim. In order proceed wtih 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 because of this
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 must maintain and upkeep the safety of public streets and roads. This means that, generally, your local council or the local authority owes you a duty of care, and they have a responsibility to ensure 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, resulting in you suffering an injury, then you may be able to start a claim for personal injury compensation.
To learn more about eligibility for accident in the street claims for tripping on pavement, get in touch with our team of friendly advisors anytime. They can evaluate your case for free, and if your claim is valid, they may connect you with a solicitor from Advice.
What Are The Most Common Causes Of Pavement Accidents?
There are many ways that pavement accidents can happen. However, as we’ve already mentioned, your accident must have been caused by a breach of the council’s duty of care if you want to proceed with 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.
Can I Still Make A Claim For A Pavement Fall That Was Partly My Fault?
You may be eligible to start a pavement trip accident claim if you were partly responsible for the accident. However, this could impact the level of compensation you receive.
Split liability is the term used to refer to your responsibility for an accident that was also caused by the negligent actions of another party. Your legal representative and the defendant will discuss the extent of your responsibility. Once this has been agreed upon, it can determine how much compensation you will receive.
For example, imagine that your injuries and their associated financial losses were valued at £10,000. If you were found to have 25% of the responsibility for the accident, you would receive an award of £7,500.
Examples of split liability when you have tripped and fell on uneven pavement include:
- You were under the influence of alcohol
- The hazard was noticeable, but you failed to walk around it
- Your attention was focused on your phone, and you did not look where you were going
- Your footwear was not suitable for the environment
If you have a question about how split liability can impact a pavement trip accident claim, you can contact our team of advisors at any time. They offer free case assessments to give you a better idea of how much compensation for tripping on a pavement you could receive.
How Much Compensation For Tripping On A Pavement Could I Claim?
You might find yourself asking, ‘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.
Firstly, general damages award compensation for the suffering and pain 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 used figures from the 16th edition of the JCG to create the table below, except for the first entry. However, please only use the list as a guide only.
- For multiple severe injuries with special damages, such as the cost of paying for mobility aids, the guideline is up to £1,000,000 +
- For a severe head injury, you could receive between £344,150 to £493,000. This injury would involve the need for constant professional care and have serious effects, such as double incontinence
- A severe (ii) back injury would involve damage to the nerve root of the spine, leading to impaired mobility. This could receive £90,150 to £107,910
- A neck injury that is severe (ii) would be associated with incomplete paraplegia, may receive £80,240 to £159,770
- For a severe (iii) serious leg injury could involve compound fractures and injuries to the joints or ligaments, the bracket is £47,840 to £66,920
- An arm injury resulting in permanent and substantial disablement could be worth £47,810 to £73,050
- A moderate foot injury with permanent deformity and symptoms could be worth £16,770 to £30,500
- A moderate ankle injury, including fractures and tears to the ligaments, could receive £16,770 to £32,450
- A hand injury involving severe fractures to the fingers could entitle you to up to £44,840
- For a wrist injury involving the complete loss of function in the write, the guideline is £58,710 to £73,050
What Are Special Damages?
You could also receive special damages to compensate you for any financial losses or expenses you have incurred due to your injuries
Examples of the financial losses that may apply include:
- Lost earnings if you were required to take leave from work for your recovery
- Medication costs, such as having to pay for prescriptions.
- Travel expenses, such as taking taxis to attend 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 present 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 one of our expert No Win No Fee solicitors, who could use their experience to work out the value of your claim.
Personal Injury Claim Time Limits For Pavement Injuries
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 certain exceptions.
For example, if a claim involves a person who is below the age of eighteen, there is a freeze on the time limit. While there is a freeze on the time limit, a litigation friend appointed by the court can make the claim on behalf of the injured person. Without this, the time limit begins on their eighteenth birthday and ends on their twenty-first.
The time limit is suspended indefinitely for injured people who do not have the mental capacity to decide things for a claim. In these cases, the court can appoint a litigation friend to make the claim on behalf of the injured person. Otherwise, the time limit will only be unfrozen if they regain the appropriate capacity.
To learn if you meet the time limit to move forward with a pavement accident claim, reach out to our team of expert advisors today. Or, read on to learn how to claim compensation with a solicitor on a No Win No Fee basis.
What Evidence Can Support Pavement Accident Claims?
There are several types of evidence you could gather to show you were injured in a pavement accident due to a third party breaching their duty of care. For example, you could collect:
- Pictures of your injuries and the hazard that caused the accident, such as a loose paving slab.
- The contact details of any witnesses who could provide a statement at a later date.
- Correspondence sent between you and the party in control of the pavement, such as an email or letter reporting the trip hazard.
- Copies of medical reports, such as X-rays that show a broken bone suffered from the accident.
- A diary noting your physical and psychological symptoms as well as any medical treatment you needed for your injuries.
If you are eligible to claim compensation, you could instruct a solicitor here at Advice to assist you. They have experience handling pavement accident claims and could guide you through the different stages of the claims process.
For further information about how a solicitor could help, call our team on the number above.
Pavement Accident Claims With A No Win No Fee Solicitor
If you have strong grounds to proceed with a pavement accident claim, then you may wish to receive help from a solicitor who has experience with supporting this type of case. If you get in touch with our advisors, they can assess your claim for you. If they confirm you have an eligible case, they may then connect you with one of our solicitors working on the basis of No Win No Fee solicitor.
A No Win No Fee solicitor from Advice may offer to represent you in your claim under a Conditional Fee Agreement (CFA). Through such an arrangement, you won’t need to pay fees for their work upfront or while the claim is ongoing. 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 succeeds, then you must pay a success fee. This is typically a legally capped percentage that your solicitor deducts from the personal injury compensation awarded to you.
Contact Our Team Today
To see if you are eligible to start a trip on a pavement claim with the help of our solicitors, you can contact our advisors. They can also offer advice free of charge on how to claim compensation. To contact our advisors, you can:
- Call us on 0161 509 2856
- Fill in our online contact form
- Message us on our 24/7 live chat service
Find Out More About Making A Pavement Trip Accident Claim
You may find these additional resources to be of use:
- How to report a damaged pavement to the UK Government
- How the UK Government prepares pavements for the winter
- NHS information on fall injuries
Thank you for reading our guide on pavement injury claims.
