This guide will explore the question ‘Can I claim for falling in the street?’. There are certain eligibility criteria that you must be able to prove in order to pursue compensation for a personal injury. We outline these, as well as the evidence you could collect to support your case, as we move through our guide.
Additionally, we explore the duty of care those in control of a public place owe, and how a breach of this could lead to an accident in a public place, such as on the street, and the injuries that could potentially be sustained.
Furthermore, we will show you the forms of compensation that can be awarded in a personal injury claim and explain how payouts are calculated.
Finally, we discuss the advantages of working with our panel of personal injury solicitors who can offer several services on under a No Win No Fee agreement.
If you would like any other information, please contact an advisor. They are available 24/7 to answer questions pertaining to your potential public liability claim. You can get in touch by:
- Calling 0113 460 1216.
- Going online to discuss making a claim.
- Enquiring through the live chat below.
Choose A Section
- Can I Claim For Falling In The Street?
- How Could A Fall In The Street Happen?
- How Much Compensation For A Fall After A Successful Public Liability Claim?
- Evidence That Could Help You Claim For A Fall
- Use No Win No Fee Solicitors To Claim Compensation
- Learn More About Personal Injury Compensation Payouts
Personal injury claims are centred around proving negligence, a term which in tort law is defined by the following criteria:
- A third party owed a duty of care.
- They caused a breach of their duty.
- This led to an accident which brought about physical and/or psychological harm.
Duty of care is owed by several third parties to prevent harm to others. The Occupiers’ Liability Act 1957 establishes a duty for those in control of a public space to take all measures that keep visitors reasonably safe on the premises. In some cases, public streets and footpaths fall under local council control. However, this can differ.
In addition to proving negligence, you must also begin your personal injury claim within the time limit set out by The Limitation Act 1980. In most cases, a claim has three years to start from the accident date, though there may be an exception to the rule on occasion.
Our advisors can provide further guidance on establishing negligence and how long you have to initiate legal proceedings, so please do not hesitate to call.
There are many ways in which a member of the public could be injured due to falling in the street. For example:
- The local council fails to repair a pavement for months after receiving several reports of it being badly cracked. A pedestrian traps their foot in the crack and falls, breaking their ankle.
- A pedestrian has an accident in a park where they trip on a tree root that has been allowed to grow through a public footpath. They fall and sustain a serious shoulder injury caused by the impact.
- A person trips and falls over a pothole when crossing the road on a designated crossing. They suffer a broken arm and leg.
- While walking down a street that has a guard rail due to its steepness, a pedestrian puts their hand on the rail to steady themselves. It is extremely fragile and worn with age, and breaks. The person falls head-first onto the pavement, suffering a head injury.
It’s important to be aware that not all incidents of falling in the street will form the basis of a valid claim. You will need to prove your injuries arose from a third party failing to uphold the duty of care they owed you.
For further guidance on the question ‘Can I claim for falling in the street?’, please speak to our advisors today to find out if you have a valid compensation claim.
A winning claim would result in you being awarded a settlement potentially comprising up to two heads of claim. General damages is a head of claim that will be awarded if your claim succeeds. This compensates for the physical and emotional pain and suffering you have experienced due to your injuries.
Legal professionals value injuries using resources such as medical evidence alongside the Judicial College Guidelines (JCG). The JCG contains a set of guideline award brackets which correspond to different injuries.
The table includes a selection of figures from the JCG. It is important to note that this table should only be used as a guide as payouts can vary.
|Multiple Serious Injuries Plus Special Damages||Up to £500,000+||Compensation for several serious injuries as well as special damages such as a loss of earnings.|
|Head - Moderate (i)||£150,110 to £219,070||The injured person faces no chance of employment and a moderate to severe drop in intellect.|
|Hand (a)||£140,660 to £201,490||A complete or effective loss of both hands.|
|Arm - Severe||£96,160 to £130,930||A severe brachial plexus injury is an example of an injury that would fall under this category.|
|Knee - Severe (i)||£69,730 to £96,210||Serious knee injuries, such as the joint being disrupted, with effects including considerable loss of function and pain.|
|Back - Severe (ii)||£74,160 to £88,430||Features of injuries landing in this bracket include loss of sensation brought about by nerve root damage.|
|Chest (c)||£31,310 to £54,830||Chest and lung harm that gives rise to ongoing disability.|
|Pelvis And Hips - Severe (iii)||£39,170 to £52,500||Numerous injuries could attract this level of award, including an arthritic femur or hip fracture making hip replacement necessary.|
|Leg - Severe (iv) Moderate||£27,760 to £39,200||An injury considered relatively moderate, such as a crush injury to one leg that does not require amputation.|
|Shoulder - Serious||£12,770 to £19,200||Shoulder pain and other issues like weakened grip occurring due to, for example, shoulder dislocation and brachial plexus damage.|
A settlement that features general damages could also include special damages, a head of claim that compensates for the financial losses caused by the injuries. Examples of monetary losses include:
- Medical costs, such as prescription charges.
- Travel expenses.
- The cost of home or vehicle adaptations.
- Lost income.
Payslips, receipts and bank statements are among the documents you could present as proof of your losses.
Call today to speak with our advisors about how personal injury compensation payouts are calculated.
When asking the question ‘Can I claim for falling in the street?’, it’s important to consider evidence. As well as having evidence of your fall and its impact on you, you must provide proof that shows you were injured due to a breach of duty. This could include:
- Footage of the accident’s cause, whether from a personal device or CCTV footage.
- Photographs of the accident scene and visible injuries.
- Witness contact information.
- Medical evidence.
- A diary charting your symptoms and treatment.
If you have a valid claim and choose to work with a solicitor from our panel, they can discuss what evidence is needed and help you gather a sufficient amount to build a strong case. Please ask our advisors about this service by calling the number above.
You can find out if you have a valid claim for an accident in a public place by sharing the details of your experience with our advisors. If they find you have grounds to proceed, they could put you in touch with a solicitor from our panel who could offer you a No Win No Fee contract called a Conditional Fee Agreement (CFA.)
Under a CFA, you do not pay for services the solicitor provides upfront or during the process. Should the case end unsuccessfully, you will also not have to pay for their services at this point.
Following a successful case, a small percentage of your compensation is taken as a success fee. The Conditional Fee Agreements Order 2013 caps the percentage.
Working with a public liability solicitor offers many benefits. For example, your solicitor could organise and guide your claim from start to finish while keeping you updated as it proceeds. They can also value your settlement and ensure all correspondence is sent within the relevant time frame.
You could get started today with your potential claim today if you get in touch with an advisor. a free consultation and case assessment from our team of advisors. To reach them, you can:
Here are some more guides you could find useful:
- A look at pothole accident claims.
- Further insight into the process of making a council accident claim.
- Have you had an accident in a restaurant? This guide discusses how to claim.
These external resources could also help:
- NHS – When to call 999.
- GOV.UK – Report a problem with a pavement.
- GOV.UK – Overview of Statutory Sick Pay.
We hope our guide has answered the question ‘Can I claim for falling in the street?’. If you require any further information, call an advisor on the number above.
Writer Ed Miller
Editor Meg McConnell