By Stephen Kane. Last Updated 14th December 2023. When you are on private property, you are under the duty of care of the controller of the property. This duty of care means that the owner of the property has a responsibility to make sure that the property is safe to use, with reasonable steps taken. However, suffering a personal injury on private property doesn’t always mean the controller of the property is liable.
This guide explores the circumstances under which you could be able to make a personal injury claim.
A duty of care applies in both private properties that are controlled by a business that is accessible to the public and to private property controlled by an individual, such as a private residence.
If you have suffered an injury while on private property and it wasn’t your fault, you could be entitled to claim compensation.
Our advisors can provide you with free legal advice. In addition, if you have a solid claim, they could connect you with our panel of personal injury solicitors.
Our advisors are available 24/7 and you’ll be under no obligation to proceed with the services of our panel of lawyers. Therefore, why not get in touch with us in the following ways?:
- Contact us through our website so we can get back to you.
- Call 0161 696 9685
- Send a message through our pop-up 24/7 live chat
Select A Section
- Calculating Compensation For A Personal Injury On Private Property
- Types Of Damages
- What Happens If I Have An Accident On Private Property?
- Personal Injury On Private Property – Establishing Liability
- Claiming For Injuries With A No Win No Fee Solicitor
- Related Guides
You could claim compensation for the harm you have suffered. This compensation is calculated to reflect the degree of harm that you have experienced. One aspect of this is to cover the physical and psychological harm to your health. This type of compensation is general damages.
To find out the worth of this compensation, you would need to undergo a medical assessment as part of the claims process. An independent medical professional would assess your injuries and create a report. Your solicitor could use this report to aid them in valuing your injuries.
The purpose of the assessment is to:
- Prove that the injuries were caused or worsened because of the accident that wasn’t your fault.
- Assess the severity of the injuries.
The solicitor may also use the Judicial College Guidelines (JCG) to help their valuation. You can see what these guidelines recommend for certain types of injuries in the compensation table below.
The below compensation table is not intended to give you a final figure for your claim. Rather, it is intended to demonstrate what could be awarded for the medical harm aspect of a compensation claim. Additionally, how much compensation you could receive in a private property injury claim could be impacted by the number of serious injuries you suffer and your financial losses. We’ve included the top row (not taken from the JCG) to help illustrate how settlements could be awarded.
|Multiple Severe Injuries and Expenses
|Settlements could include compensation for multiple injuries of a severe nature and any incurred financial losses, such as lost wages, nursing costs and home help.
|Up to £1,000,000+
|This bracket applies to injuries that result in little or no meaningful environmental responses, lack of language function, double incontinence and no or little language function. The symptoms result in needing full time nursing care.
|£282,010 to £403,990
|Loss of Both Arms
|The claimant has full awareness that they’ve lost both arms and as such are reduced to a state of considerable helplessness.
|£240,790 to £300,000
|Amputation of Both Feet
|In this bracket, the lost of both feet results in the loss of a useful ankle joint.
|£169,400 to £201,490
|Back injuries in this bracket involve spinal cord and nerve root damage that causes a combination of serious consequences.
|£91,090 to £160,980
|Injuries to the Pelvis and Hips
|This bracket includes extensive fractures that also involve the dislocation of a lower back joint and ruptured bladder or a hip injury that results in spondylolisthesis.
|£78,400 to £130,930
|Severe (ii) – Very Serious
|These injuries cause permanent mobility problems.
|£54,830 to £87,890
|Injuries found in this bracket include fractures or dislocations or severe soft tissue damage. They cause chronic conditions and significant permanent disability.
|£45,470 to £55,990
|These injuries require extensive treatment and a lengthy time in plaster or where pins and plates have been inserted. There remains a significant disability.
|£31,310 to £50,060
|These fractures result in some permanent facial deformity.
|£14,900 to £23,950
If you can’t see your injury in the compensation table above, reach out to us. Our advisors could give you a free, accurate estimate of how your claim could be valued.
In addition to the harm caused to your physical health by an injury, and the harm caused to your mental health, you could also suffer a monetary fallout. An injury could cost you money in a number of different ways. This could involve:
- Losing earnings from having to take unpaid sick leave
- Missing out on bonuses such as attendance rewards
- Losing out on income from being unable to complete work contracts
- Medical expenses such as prescription costs
- Spending money on travelling for visits to the hospital
- Having to cancel plans due to an injury and losing deposits i.e. cancelling holidays
Additionally, this could include compensation for damage to property in the UK. For example, if your phone broke while tripping on broken paving, you could recover the costs of having it repaired or replaced.
Claiming back these losses and expenses can be an important part of your compensation claim. In order to do it, you will have to add up the total costs relating to your injuries and provide proof of them.
To prove financial losses, you can compile and present all the forms of documentation that you can. They could be in the form of wage slips, bank statements, invoices, receipts, and tickets, for example. If you cannot provide documentation to support a claim, you will struggle to receive it in compensation.
Owners of private property owe a duty of care to anyone who visits their premises. This is a responsibility to ensure that their premises are reasonably safe or have been made practically safe – any hazards that can pose a risk to visitors’ health should be properly managed or controlled to avoid the risk of injury.
If you have had an accident on private property and were injured because an occupier failed to take practical actions against hazards they would reasonably have been expected to deal with, you could be able to sue them and claim compensation for your injuries.
We go into more detail about the different parties that could be liable for an injury on a private property in the sections below, but for now, if you have suffered an injury on a private property because of negligence then please reach out to one of our team discuss personal injury claims made against private property owners.
If you are injured on private property, you may be able to make a claim for personal injury compensation. This is because the organisation or person in control of that space (the occupier) has a legal obligation to ensure your reasonable safety while you are in that location. This is the duty of care that you are owed as set by the Occupiers’ Liability Act 1957. You might be entitled to make a personal injury claim if a breach in this caused your injuries.
However, when making a claim for accidents on private property, you need to be able to prove that you meet the personal injury claims eligibility criteria. For private property injury claims, you must have evidence that shows:
- You were owed a duty of care by whoever was responsible for the private location.
- There was a breach in this duty.
- You suffered an injury because of this breach.
Time Limits When Claiming For Accidents On Private Property
In addition, claims for private property accidents must be filed within the personal injury claims time limit. Typically, this is three years from the date of the injury as set by the Limitation Act 1980.
However, in certain circumstances, this limitation period is suspended. For these private property claims, a litigation friend could be appointed by the court to take legal action on behalf of the injured party. They can initiate the claims process at any point during a suspension. These cases include:
- Those without the mental capacity to make their own claim. These parties have the time limit suspended for as long as they are without this mental capacity. However, if they recover this capacity and an injury claim was not made for them, they will have three years from the date their capacity was regained to begin the legal process.
- Young people under the age of 18 at the time of a private property accident cannot claim until the day of their 18th birthday. If an injury claim was not filed on their behalf prior to this date, they will have three years from the day they turn 18 to begin the process.
If you have any questions about private property claims for personal injury compensation, please call us using the number at the top of this page.
If you are eligible to make a personal injury claim after being injured in an accident on private property, then you could seek support from a solicitor who has experience with claiming for this type of accident. If you speak to our advisors, they could review your case for you. If they determine you have a strong claim, they may then put you in touch with a solicitor on our panel.
A solicitor from our panel may offer to support your claim on a No Win No Fee basis with a Conditional Fee Agreement (CFA). Under this agreement, you won’t be required to pay any upfront or ongoing fees for their services. Also, if your claim is unsuccessful, then you don’t need to pay your solicitor for the service they provided.
If your claim is successful, then your No Win No Fee solicitor will be paid a success fee. This is normally a small and legally capped percentage deducted from the compensation awarded for your claim.
To learn more about whether you could claim for being injured on private property, speak to our advisors online or on the phone. You can reach them through the following methods:
- Contact us through our site to let us get back to you
- Call 0161 696 9685
- Send a message through our 24/7 live chat
Here you can learn more about claiming compensation from your employer after having an accident at work:
Here you can learn more about claiming compensation after suffering an injury in a road traffic accident:
Here you can learn more about the time limits that affect making personal injury claims:
We hope this guide on claiming for a personal injury on private property has proved helpful. Why not call if you have unanswered questions?