How To Claim For Falling On Pavement
Talk to our advisors today to find out more about making a public liability claim if you fell on pavement.
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How To Claim For Falling On Pavement?
Talk to our advisors today to find out more about making a public liability claim if you fell on a pavement.
In this article, you’ll find out when it’s possible to claim for falling on a pavement. We start by reviewing the eligibility criteria for personal injury claims and then move on to list some examples of accidents in public places caused by pavement defects.
Next, you’ll find out how much compensation for tripping on pavement could be awarded and the types of evidence that could be used to strengthen your pavement accident claim.
Finally, we provide details about the No Win No Fee service provided by our solicitors for valid claims and how it can benefit you.
So that you can get a better understanding of your options, we provide a no-obligation free initial consultation for all pavement accident claims. To arrange yours or to ask any questions about the public place accident claims process, you can:
- Call our team of advisors on 0151 375 9916.
- Use our ‘Contact Us‘ form to get in touch.
- Chat live with one of our online advisors about how to claim compensation.
What Is A Pavement Accident Claim?
A claim for a pavement accident is a type of legal action you can take to recover compensation for any injuries you’ve suffered as a result of the fall.
For example, if you trip over a raised paving slab, you could fall and break a bone like your wrist or hip. If you can prove that it was the fault of the organisation responsible for the pavement, you could receive compensation.
Let’s explore this in more detail.
Can I Claim For Falling On Pavement?
When making a personal injury claim for falling on a pavement, it’s important to establish liability and who owed you a duty of care.
Under the Occupiers’ Liability Act 1957 and the Highways Act 1980 those responsible for the highways network, including certain pathways and pavements, must ensure the reasonable safety of those using this network. Failure to do so could lead to pavement accidents.
The full criteria that must be met when making a pavement compensation accident claim are:
- You must have been owed a duty of care.
- This duty was breached.
- You sustained an injury due to the breach.
For further guidance on pavement accident compensation claims and when you could be eligible to seek compensation, call an advisor on the number above.
What Are The Causes Of Pavement Accident Claims?
As we’ve explained above, you might be entitled to claim for falling on a pavement if it can be proven that your accident and injuries were caused by a breach of duty by another party. If this isn’t proven, you won’t be able to claim compensation.
Examples of how a trip or fall on a pavement could occur include:
- There was a failure to repair a pavement defect promptly after a regular inspection such as a pothole, raised tree roots, missing kerbstones, a broken pavement, or raised paving slabs. You tripped on the hazard and you suffered a broken wrist and elbow as a result.
- You slipped in after there was a failure to grit the pavement in icy conditions. As a result, you sustained a serious back injury.
- There was a failure to cordon off the area of the pavement where utility work was being carried out. As a result, you tripped over a hole left by a missing manhole cover causing you to suffer a broken ankle and torn Achilles tendon.
If you’d like advice on how to make a public liability compensation claim for a pavement injury, please call one of our specialist advisors to discuss your case.
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How Much Compensation Could I Claim For Tripping On Pavement?
Compensation for tripping on a pavement can be formed of two heads of loss. The first is called general damages which covers any physical pain or emotional suffering caused by the injuries.
When claiming for falling on a pavement, you might need to attend an appointment with an independent medical specialist during the claims process. The report generated from this assessment will help whoever is valuing your claim to determine the correct level of compensation. It may also be used in conjunction with the Judicial College Guidelines (JCG).
The JCG provides guideline settlement brackets for many different types of injuries. Therefore, we’ve used the data in our compensation table that follows. Please note, however, that the figures listed are not guaranteed because pavement injury claims are valued on an individual basis.
Potential Compensation Awards In Pavement Accident Claims
Note, that the first line in our table does not come from the JCG.
| Type Of Injury | Category | Guideline Settlement Bracket | Further Information |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £1,000,000 + | Compensation for multiple severe injuries that lead to physical and psychological pain. Also, covers special damages including the cost of a carer, medical expenses, lost earnings and home modifications. |
| Injury Resulting From Brain Injury | Very Severe | £344,150 to £493,000 | Brain injuries that result in little or no environmental response, double incontinence, the requirement for full time care and little or no language function. |
| Neck Injuries | Severe(i) | In the region of £181,020 | Neck injuries that cause permanent spastic quadriparesis. |
| Severe(ii) | £80,240 to £159,770 | Considerable severe disabilities linked to serious damage or fractures to the discs in the cervical spine. | |
| Knee Injuries | Severe(i) | £85,100 to £117,410 | Knee injuries that cause gross ligamentous damage, osteoarthritis, considerable pain and loss of function and where lengthy treatment is needed. |
| Back Injuries | Severe(ii) | £90,510 to £107,910 | Nerve root damage with associated loss of sensation amongst other issues. |
| Leg Injuries | Severe(ii) | £66,920 to £109,290 | Very serious leg injuries that cause permanent mobility problems with the need for crutches for the rest of the claimant’s life. |
| Ankle Injuries | Severe | £38,210 to £61,090 | Injuries that have needed an extensive treatment period and/or long time in plaster. |
Can I Claim Back Any Money I Lost Because Of The Accident?
The second head of loss, special damages, covers any out of pocket expenses incurred due to injuries sustained from tripping on a pavement.
As such if your claim for falling on a pavement is successful, it could include compensation to reimburse the following:
- Care costs.
- Medical expenses.
- Lost income.
- The cost of making changes to your home or vehicle to help you cope with any permanent disabilities linked to your injuries.
- Travel expenses.
To help prove any costs you’ve incurred following a public liability accident, you should retain evidence such as receipts, wage slips, or bank statements.
If you’ve suffered a pavement injury and want us to provide an estimate of what your potential claim could be worth, please feel free to call.
How Can I Prove My Pavement Accident Claim?
When making a claim for falling on a pavement, it’s important to establish who was responsible for the accident, why it happened, and how your injuries have affected you. You can do this by gathering as much evidence as possible.
Some examples of evidence that could help when claiming for a fall in the street include:
- A diary of medical treatment you’ve received and the symptoms you have experienced after the accident caused your injuries.
- Copies of medical records. These can be generated after you seek medical attention.
- The contact information from any witnesses who saw you fall.
- Photographic evidence of the raised pavement or other pavement defect or your injuries caused by the defect.
- CCTV footage or other recordings of the accident.
If one of our expert solicitors offers to represent you, they can help you gather evidence and build your case as part of the services they offer.
Get in touch to find out more about how they can help and whether you could have valid grounds to instruct them to represent your pavement trip claim.
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on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Claim Compensation With JF Law's No Win No Fee Solicitors
Having a solicitor help you claim for falling on a pavement can make the process of claiming compensation easier. If your case is valid and taken on by one of our personal injury solicitors, they’ll work under a Conditional Fee Agreement (CFA) which is a type of No Win No Fee agreement.
Under the terms of a CFA, you can typically expect the following:
- You won’t pay for your solicitor’s services upfront, for their work while they process the claim, or for their work if the claim fails.
- You will pay a success fee from your compensation if the claim is won. This is taken as a legally capped percentage.
To see if one of our solicitors could help you claim compensation for tripping on an uneven pavement under No Win No Fee terms you can use the following contact details:
- Call our team on 0151 375 9916.
- Use our Contact Us form to get in touch.
- Chat live with one of our online advisors.
Read More About How To Make A Personal Injury Claim
Finally, we’ve also linked to some resources we think you may find useful:
- A safety policy for pedestrians from the Royal Society for the Prevention of Accidents (RoSPA).
- NHS advice on how broken bones are diagnosed.
- A government page on how to report a pothole to your local authority.
For more advice on how to claim for falling on a pavement, please speak to one of our friendly specialists.
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