A Guide To Claiming Compensation For A Slip And Fall In A Hospital
In this guide, we’ll be discussing the process of making a personal injury claim after a slip and fall in a hospital. We will begin this guide by looking at the eligibility criteria to claim compensation after a slip and fall.
Following this, we will be looking at the different types of people who are in attendance at the hospital and who could make a compensation claim following a slip and fall injury.
You will find a compensation calculation section further down that looks at the types of damages that can be awarded for personal injury claims and how compensation is calculated.
As you move through the guide, we provide tips on the steps you can take and the evidence you can collect in support of your case that will help strengthen the chance of it being successful.
To conclude this guide, we will examine the concept of No Win No Fee agreements and how these can be used to fund the services of your solicitor.
For more guidance on how to make a successful personal injury claim, then you can use the following contact details to discuss this in more detail with our team of advisors.
Contact us by:
- Entering your details into the ‘contact us’ section of our website
- Call us on 0161 696 9685
- Talk with a member of our team of advisors by using the live support bubble in the corner
Choose A Section bb
- Am I Eligible To Claim For A Slip And Fall In A Hospital?
- Can An Employee Claim For A Slip And Fall In A Hospital?
- How Much You Could Be Owed For A Slip And Fall In A Hospital
- No Win No Fee Slip And Fall In A Hospital Claims
- More Links To Help You With A Claim Following A Slip And Fall Accident
Am I Eligible To Claim For A Slip And Fall In A Hospital?
When out in public or when in places that members of the public use for their intended purpose, you are owed a duty of care. In public spaces, this duty falls to occupiers, such as those who have control of the space. Should this duty of care be breached, this could then mean the occupier could be liable for any injuries caused.
The Occupiers’ Liability Act 1957 places this duty of care on controllers and occupiers of public spaces. So if you are a visitor or patient at a hospital, you could have the right to make a compensation claim following a slip and fall accident if you can satisfy the below criteria:
- The hospital had a duty of care to you
- Their actions or inactions breached this duty of care
- This specific breach of duty caused you to be injured.
For more information on what makes a person eligible to make a claim for a slip and fall in a hospital, you can use the contact information above to discuss this in more detail with our team of advisors.
Can An Employee Claim For A Slip And Fall In A Hospital?
An employer’s duty of care is outlined in the Health and Safety At Work etc. Act 1974. This details how all employers have a duty of care to take reasonable and practicable steps to keep their employees safe while at work.
To be eligible to make a workplace accident claim following a slip and fall in your place of work, you would need to satisfy the above criteria also. This would mean firstly proving that at the time and place of the accident, your employer owed you a duty of care. Secondly, showing how this duty of care was breached and finally, how this breach caused you harm.
How Could An Employee Be Cuaused An Injury By A Slip and Fall Accident?
- When a spillage is not cleaned up in a timely manner, or no warning signs are used.
- When a leaky tap or radiator is not fixed, and the surrounding floor is slippery.
- If a floor is being cleaned, but no signage is used to warn people of a wet floor.
For advice on claiming for slip and fall work accidents, use the contact information above to learn more.
Evidence To Support A Claim For Slip And Fall In A Hospital
When making a slip and fall in a hospital claim, you’ll have to provide evidence to support your claim. This can include:
- CCTV footage of the accident.
- Keeping a diary of your treatment and symptoms
- Getting medical care and asking for copies of any records
- Taking photographs of your injury and the accident site
- Taking contact details of potential witnesses to be called upon later
If you’re struggling with gathering evidence, why not think about instructing No Win No Fee claim solicitors to help you gather any evidence that could prove to be useful in your claim?
How Much You Could Be Owed For A Slip And Fall In A Hospital
After making a successful claim, you’ll be eligible to receive compensation for the negligence that affected you. This will be made up of two heads of claim, the first of which we’ll discuss here.
General damages compensation is a head of claim that aims to provide compensation for the pain or suffering that a person has undergone as a result of their injuries. These figures have been taken from the Judicial College Guidelines, which are used by solicitors to assign a value to the general damages portion of your claim.
Compensation Bracket Guidelines
Note that these figures cannot be guaranteed they are merely guidelines, as every claim has to be judged on a case-by-case basis.
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Brain and Head Injury | Very Severe (a) | £282,010 to £403,990 | Cases involving some ability to follow basic commands, but there is little evidence of a meaningful response to an environment. |
| Chest Injuries | (a) | £100,670 to £150,110 | The upper bracket of this compensation will involve the total removal of one lung and/or serious heart damage with prolonged pain and suffering. |
| Neck Injuries | Severe (a) (i) | In the region of £148,330 | Neck injury that is associated with incomplete paraplegia where the injured person will have little to no movement left in the neck. |
| Back Injuries | Severe (a) (i) | £91,090 to £160,980 | Cases involving the most severe injury that involve damage to the nerve roots and spinal cord, leading to a combination of serious consequences. |
| Arm Injuries | Injuries Resulting in Permanent and Substantial Disablement (b) | £39,170 to £59,860 | Serious fractures of one or both forearms where there is significant permanent residual disability. |
| Injuries to the Elbow | Less Severe Injuries (b) | £15,650 to £32,010 | Injuries resulting in an impairment of function, but not involving major disability or surgery. |
| Leg Injuries | Severe (iv) | £27,760 to £39,200 | Complicated or multiple fractures or severe crushing injuries that are generally to a single limb. There will be an impact on employment, future degenerative changes, and/or future changes. |
| Knee Injuries | Moderate (b) (i) | £14,840 to £26,190 | Injuries that involve dislocation, torn cartilage or meniscus which results in minor instability, weakness and wasting. |
| Ankle Injuries | Modest Injuries (d) | Up to £13,740 | Less serious, minor fractures, sprains and ligamentous injuries. The level of compensation will be dependant on the recovery made. |
| Achilles Tendon | Minor (d) | £7,270 to £12,590 | Injury to the ankle resulting in some damage to the tendon, and a feeling of uncertainty in the ankle. |
What Are Special Damages?
Special damages are the second head of claim you could be entitled to receive. These aim to reimburse claimants for any financial losses that they have suffered as a result of their injuries. This can come in the form of:
- Loss of earnings
- Cost of care
- Medication costs
- Travel expenses
- Cost of renovations to a home
You’ll have to provide evidence to receive special damages compensation, which can come in the form of bank statements, invoices, or receipts.
No Win No Fee Slip And Fall In A Hospital Claims
Providing that you have a valid claim, you can choose to make your claim with a solicitor. You could opt to work with a No Win No Fee solicitor through a type of agreement known as a Conditional Fee Agreement (CFA). The way they work is outlined in more detail in The Conditional Fees Agreements Order 2013.
When receiving legal representation under this type of agreement, you’ll receive a wide variety of financial benefits. The first of which is that you won’t have to pay any upfront or ongoing fees. As well as this, in the scenario that you’re unsuccessful in your claim, you won’t have to pay for the service the solicitor has provided you with.
However, in the case that you’re successful in receiving compensation, you’ll have to pay a success fee. This is a legally capped percentage that comes out of your compensation award. Note that the percentage is discussed between you and your solicitor before you begin receiving any representation.
For more advice on claiming for injuries following a slip and fall in a hospital, why not contact our advisors for free advice? If they can see that you have a valid personal injury claim, they could connect you with an expert solicitor from our panel.
Contact us by:
- Entering your details into the ‘contact us’ section of our website
- Call us on 0161 696 9685
- Talk with a member of our team of advisors by using the live support bubble in the corner
More Links To Help You With A Claim Following A Slip And Fall Accident
If you’d like to learn more about claiming compensation for a slip and fall in a hospital, then you can read more of our guides below.
- When could you claim for a door injury in a public place?
- I’ve had an accident at work what are my rights?
- How many personal injury claims go to court?
Alternatively, you can follow the below links to learn more: