By Cat Mulligan. Last Updated 26th May 2023. Slip trip and fall accidents are one of the most common that occur on council property. While the seriousness of injuries caused by these accidents can vary greatly, fractures, back and head injuries, paralysis and even death are possible as a result. These can occur inside a building where the floor is wet due to mopping without a sign in place or an overflowing toilet, or they may even occur outside the property where moss has been allowed to accumulate, or ice has not been properly dealt with.
It is more difficult to make slips and trips compensation claims compared to road traffic accident compensation claims, particularly regarding the collection of evidence. The process is made more difficult to proceed with when a slip or trip occurs on the street and you are not sure who is liable.
Slips and trips can happen almost anywhere, but when they occur on council property that should be maintained adequately you may be entitled to compensation. If you’ve have a slip or trip on council owned property, read on to find out how you can go about making a claim to see you compensated for your injury.
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- How and Where Do They Occur Most Often?
- How Much Compensation Will You Get From Slips, Trips And Falls Claim?
- How Do You Make A Council Slips, Trips and Falls Compensation Claim?
- Council Accident Claim Time Limit
- Slip, Trip and Fall Claims Against the Council – Compensation Payout Examples
- Speak To A Personal Injury Lawyer Experienced In Slips, Trips And Fall Cases
- Learn More About Compensation Claims
Generally speaking, slips and trips occur on slippery surfaces. This could be in a workplace, due to negligence with a wet floor that has not been cleaned and dried properly. there are signs that are used to warn that surfaces are wet, and if they are not used a company or organisation such as the council could be liable to pay you compensation if they did not use these or follow other important safety requirements.
Outside, trips and slips on pavements as a result of poor weather conditions can cause severe injuries. The problem with making this kind of claim is though, whether or not the council are liable for the accident. If it occurs in a car park of a hospital, school or even shopping mall – the slips, trips and falls claim can be made against the owners or tenants.
Areas owned by the council which are not properly gritted during the icy winter months can also be potentially hazardous, especially outside rural housing. Public gardens owned and maintained by the council also fall under the blanket of areas where claims can be made- pathways should be safe all year round and any tripping hazards, such as overgrown plant life, should be identified and removed regularly.
As with any personal injury compensation claim, it is hard to put a specific value on your claim, without knowing all the details, as all injuries and accidents and the surrounding circumstances are completely different. When calculating the possible compensation you should be due, a personal injury solicitor will take into account a variety of factors, such as:
- Expenses incurred because of the injuries from your trip, slip or fall (including vehicle or home modifications)
- Loss of earnings from sick leave or leaving your job completely because of your accident
- Various other factors too.
Wherever it happens, it is vital that you record as much information about your slip, trip or fall as you can. These kinds of personal injury claims are hard to win. That being said, by hiring an appropriate and experienced personal injury lawyer, you have a better chance of your claim being successful. Particularly if there is a wealth of evidence to suggest that the responsibility of your accident and the injuries incurred were the result of negligence on the part of the council.
Part of making your claim is determining who you should be making the claim against. Your personal liability lawyer will help you to figure this out. For instance, if you had a slip, trip or fall on uneven or cracked pavement, the council are more than likely responsible. It is a good idea to take a note of any names and addresses of witnesses who may have seen the accident occur and ask them if you can call on them to present evidence.
The Limitation Act 1980 states that you have three years to start a personal injury claim following a trip and fall. This time limit runs from the date you were injured in the trip and slip accident. However, there are some exceptions to this time limit.
For example, the time limit is frozen for claimants under the age of eighteen. While the time limit is frozen, a court-appointed litigation friend could make a claim on their behalf. Otherwise, the time limit reinstates on the claimant’s eighteenth birthday and runs until their twenty-first birthday.
Furthermore, the time limit is suspended indefinitely for those who do not have the mental capacity to make a claim for themselves. During this time, a litigation friend could claim on their behalf. If they regain this capacity, then the three-year time limit will begin on the date of their recovery if a claim has not already been made.
Contact our team today to receive free advice for your potential council accident claim.
If you’ve suffered an injury from a slip, trip and fall, you could potentially receive compensation if you can show that your injury was caused by third-party negligence. For example, if you were claiming against your local council, you would need to prove that they were aware of the cracked pavement that caused your injury but didn’t fix it within a reasonable timeframe.
The Judicial College Guidelines can give you a better idea of what you could receive for general damages. General damages are one of the heads of losses for any personal injury claim. It relates to the physical and psychological pain and suffering that has occurred to you because of the injury.
Below is a list of injuries that could potentially be claimed for in slip, trip and fall claims. These figures have been taken from the latest guidelines, published in 2022. However, please remember that these figures are not guaranteed as every claim is unique. These figures have been taken from past successful claims from England and Wales.
|This bracket is for injuries that cause substantial and permanent disablement.
|£39,170 to £59,860
|A large degree of recovery will be made despite significant disabilities being created.
|£19,200 to £39,170
|Compound fractures that are serious in nature that cause prolonged treatment and instability.
|£39,200 to £54,830
|Multiple fractures or complicated fractures or crush injuries that are usually to a single limb.
|£27,760 to £39,200
|Soft tissue injuries or fractures where an incomplete recovery is made.
|£17,960 to £27,760
|Permanent and significant disability has been created. However, some useful movement remains.
|£24,500 to £39,170
|Permanent disability of some nature is still created despite the injuries being less severe.
|£12,590 to £24,500
|Where recovery from a soft tissue injury or fracture takes longer than 12 months but is largely completed.
|£6,080 to £10,350
|Ligamentous tears or fractures that cause less serious disabilities like difficulty walking on uneven ground.
|£13,740 to £26,590
|Undisplaced or minor fractures, sprains and less serious ankle injuries.
|Up to £13,740
When seeking compensation through slip and trip claims, you may also be able to claim for the financial losses suffered due to the injury. This is referred to as special damages compensation. Losses you could claim for include:
- Care costs
- Travel expenses
- Loss of earnings
- Home adjustments
You would need evidence, such as receipts, payslips, bank statements and invoices to prove the value of the losses you’re wanting to claim. To learn more about this or to see if you’re eligible to claim, please contact us for free using the above details.
Obviously, in the period immediately after the accident occurred, getting appropriate medical attention and treatment is your top priority. Afterwards, though, you should start looking for a suitable personal injury lawyer to take on your case. It is best to look for an individual or team that have experience in slips, trips and falls particularly on council property – as they will be best familiar with the procedures involving this kind of compensation claim.
Make Your Claim As Soon As Possible
You should note that there is a strict time frame during which you are allowed to make a claim for compensation against a council slips trips and fall injury. This is normally three years from the point you were aware of negligence or when the accident actually happened. The severity of your accident and subsequent injuries will determine the amount you are awarded in the end, so proving the accident happened and you suffered how you claim you suffer is vital.
Throughout your case, your personal injury lawyer will support and guide you. The great thing is, the majority of personal liability solicitors and their practices offer their services on these kinds of cases for free unless they actually win. Even then your fees are not likely to be very expensive. Whether you hurt yourself slipping or falling on poorly maintained council roads or because sufficient salt or grit had not been put down on icy surfaces; you may stand to win a reasonable amount of compensation if you have been injured and you can prove it was the council’s responsibility and not your own.
Get in touch with us today, we’re qualified and experienced personal injury lawyers who will fight your case and get you the compensation you deserve.
We’ve included some links to other guides you may find useful:
- How to get a personal injury lawyer for your claim
- How to claim compensation for an accident on injury
- Back injury at work compensation examples
- And see here for guidance on calculating back injury compensation
- Working with No Win No Fee solicitors
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