In this guide, we will explore the question, “can I claim for falling in the street?”. There is a set of eligibility criteria that need to be met in order to have valid grounds to proceed with a personal injury claim. You can find information on these, as well as the time limits that need adhering to, further in our guide.
Additionally, we will outline the duty of care you are owed as a visitor to a public space and how accidents leading to injury can occur when this duty is breached.
Furthermore, we will take a closer look at the public liability claims process, including the steps you could take to build a strong case. Also, we discuss personal injury compensation and how settlements are calculated.
The benefits of choosing a No Win No Fee solicitor to support your case will also be explored in the final section of our guide.
If you require any other information relating to your potential claim, please contact an advisor. To do so, you can:
Browse Our Guide
- When Can I Claim For Falling In The Street?
- How Could You Be Injured After Falling In The Street?
- What Evidence Could Help When Making A Claim For Falling In The Street?
- How Much Compensation Could I Receive When Making A Claim Against The Council?
- See If You Can Make A Claim Against The Council On A No Win No Fee Basis
- Read More About Claiming For An Accident In A Public Place
You may be wondering ‘can I claim for falling in the street?’. In order to have valid grounds to pursue a public liability claim, you need to prove the following:
- You were owed a duty of care.
- The duty of care was breached.
- The breach has caused you to be injured, either physically, psychologically, or both.
Occupiers of public spaces have a duty of care to visitors using the space as it was intended. This extends to local councils and is outlined in the Occupiers’ Liability Act 1957 and means that they must ensure the reasonable safety of those who use space. This could include assessing potential risks as regularly as possible and implementing measures to address any risks they become aware of.
For example, if a report has been made to a local council about a broken paving stone, or curb or a defective maintenance hole, and steps should be taken to fix these issues in a reasonable time frame. If they aren’t, it could lead to a member of the public falling in the street and sustaining harm.
If you would like to discuss your specific case and find out whether you’re eligible to seek personal injury compensation for your injuries, please call an advisor on the number above.
Examples of potential instances where injuries can occur after falling in the street can include:
- You could sustain a wrist injury or head injury after tripping on damaged pavement.
- Trip hazards, such as exposed tree roots, should be reported to the local council. If there are no steps taken to address this hazard in a reasonable time frame, you could trip over and sustain an arm injury or leg injury.
- After maintenance work has been carried out, the manhole cover should be put back correctly. If this isn’t the case and the manhole cover isn’t correctly fitted or has been removed completely, you could slip and fall and suffer with a neck injury.
To discuss the specific circumstances surrounding your accident and injuries, contact an advisor. They can offer more guidance on whether you can claim for falling in the street.
You need to be able to prove that you sustained your injuries due to an occupier breaching the duty of care they owed you. As such, you might benefit from collecting evidence to support your claim. For example:
- CCTV footage of the accident.
- Medical reports, such as X-ray scans or prescriptions.
- Photographs of your injury and the accident site where it took place.
- The contact information of any witnesses that would be willing to provide another account of the incident at a later date.
- A diary which includes symptoms and treatments to illustrate your physical and mental state before and after the accident.
If you wish to instruct a solicitor and have a valid claim, you could benefit from some of the services our panel of solicitors offer. For example, they can assist you in gathering evidence to support your case and ensuring it is presented in full within the relevant time limit.
To find out more about how they could help you, please contact an advisor on the number above.
In the event that your claim succeeds, you may be awarded a settlement that contains up to two heads of claim. The first head of claim is general damages which compensates for any pain and suffering that has been experienced as a result of your injuries. The severity of your injuries and the impact they’ve had on your quality of life are some of the factors that can be taken into consideration when valuing this head of claim.
Additionally, the Judicial College Guidelines (JCG) is used by personal injury solicitors to help them value your injuries. The JCG provides compensation guideline brackets for a range of different injuries. We have included some of these in the following table. However, as each case is handled on a case-by-case basis, these figures are not guaranteed. As such, you should use them as a guide only.
Compensation Guideline Table
|Type Of Injury||Severity||Description||Award Bracket|
|Head Injury||Very Severe||Full-time nursing care is required.||£282,010 to £403,990|
|Head Injury||Moderately Severe||A very serious cognitive or physical disability with the person being substantially dependent on others.||£219,070 to £282,010|
|Back Injury||Severe (ii)||This bracket includes damage to the nerve root along with impaired mobility and bladder and bowel function.||£74,160 to £88,430|
|Leg Injury||Severe (ii)||Very serious injuries causing a permanent issue with mobility.||£54,830 to £87,890|
|Leg Injury||Less Serious (ii)||Simple femur fracture that sees no damage to articular surfaces.||£9,110 to £14,080|
|Wrist Injury||Complete loss of function||An arthrodesis has been performed.||£47,620 to £59,860|
|Wrist Injury||Simple||Injured person will sustain an uncomplicated Colles' fracture.||In the region of £7,430|
|Neck Injury||Severe (iii)||Fractures or dislocations or severe soft tissue damage causing chronic conditions.||£45,470 to £55,990|
|Ankle Injury||Severe||This bracket covers injuries to the ankle that require an extensive treatment period.||£31,310 to £50,060|
|Ankle Injury||Modest||Injuries of a less serious nature, such as minor fractures, sprains, and damage to the ligaments.||Up to £13,740|
Special Damages When Claiming For Accidents In Public Places
You may also be eligible for special damages. This second head of claim aims to award compensation to reimburse you for any past or future financial losses that have resulted from your injuries. We have included some examples of these losses below:
- Loss of earnings
- Travel costs
- Care costs
- Medical costs
Call our helpful team to receive a personalised valuation of your potential case for free. They can also provide further guidance on how personal injury settlements are calculated.
If you wish to make a claim for falling in the street with assistance from a solicitor, we could help. Our panel of solicitors have experience handling public liability claims and could offer their services under No Win No Fee terms.
Specifically, they could offer a Conditional Fee Agreement. This is a contract between you and your solicitor which means you get access to their services without paying upfront or as your case proceeds. It also means no fees are required for their work if the case fails.
Following a claim with a successful outcome, your solicitor will take a small percentage from your compensation. This is known as a success fee and the percentage they are allowed to deduct as this fee is subject to a cap as per the law. You will get chance to discuss this fee prior to any work beginning on your case.
To find out how our panel of No Win No Fee solicitors could assist you with your claim, get in touch with one of our advisors using the contact details below:
Below, we have included some links to our guides that we hope you may find helpful:
- When Could You Claim For A Door Injury In A Public Place?
- Is There A Time Limit For Public Liability Claims?
- Council Or Local Authority Injury Claims Guide
Here are some external resources that could prove useful:
- GOV.UK – Report a pothole
- NHS – Broken ankle
- Royal Society for the Prevention of Accidents – Fall prevention
Thank you for reading our guide exploring the question ‘can I claim for falling in the street?’. If you require any further guidance, please contact an advisor on the number above.
Page by AN
Published by NL