Being hit by a falling object can cause life-changing injuries. Brain injuries and concussions are common examples of the type of injuries that can result in life-long suffering. Importantly, if something has fallen or been dropped on you because somebody else was negligent, you could be eligible to make a falling object injury claim.
Whether you were hit by a falling object at work, in the street or in a shop, we could help with your claim. Our free consultation means an advisor will initially review your claim and offer free advice. Should one of our personal injury solicitors believe your claim is viable, they’ll represent you on a No Win No Fee basis. That means your claim will be managed by a legal specialist without any kind of upfront payment.
To speak to a specialist right away, please call 0800 6524 881 today or, alternatively, read on to find out more about falling object injury claims.
Table of contents
- Am I Eligible To Make a Falling Object Injury Claim?
- Examples Of Falling Object Injury Claims
- Common Injuries From Being Hit By A Falling Object
- How Much Compensation For Being Hit By A Falling Object?
- Evidence To Support A Falling Object Injury Claim
- Is There A Time Limit For Claiming Compensation?
- Starting The Falling Object Injury Claims Process
Generally, to be eligible to claim compensation after being hit by a falling object you’ll need to prove that:
- The defendant owed you a duty of care; and
- Due to the defendant’s negligence, you were struck by a falling object; and
- You sustained an injury as a result.
It’s not usually that difficult to establish a duty of care in many scenarios so we won’t spend long discussing that here. Effectively, you’ll often be owed a duty of care while in public places, at work and even while you’re walking along the street.
Therefore, you can concentrate on proving that you were injured because somebody else was negligent. We’ll explain what types of evidence you might use to do this later on.
Yes, you may still be able to claim compensation even if you were partially responsible for your injury from the falling object. Under the principle of “contributory negligence“, the court will assess the extent to which each party involved in the accident contributed to your injury. If it is determined that you were partially at fault, your compensation award may be reduced to reflect your degree of responsibility.
For example, if you were struck on the head by an object that fell from a forklift truck where the driver had failed to secure the load properly but you were also not wearing a hard hat. If the court determines that you were 30% responsible for your injury, your compensation amount could be reduced by that percentage.
In this section, we’ve listed some examples of scenarios that might mean you’re eligible to claim compensation if you’ve been hit by a falling object. Remember, claims are generally only possible if the incident was caused by somebody else’s negligence.
Here are some examples:
- Public place accidents. It is common for members of the public to be able to walk under or near to scaffolding erected around buildings. If you’ve been hit by debris that was thrown from scaffolding rather than hoisted down, you could be eligible to claim.
- Workplace accidents. Employers must try to protect their staff while they’re at work. That means carrying out risk assessments, providing PPE such as hard hats and taking other safety precautions. Therefore, if you were crushed by falling stock in a warehouse because it had been stacked too high or unsafely, or stuck by an object that fell while being hoisted on a crane in a construction site accident a claim might be possible.
- Accidents in shops. The Occupiers Liability Act 1984 means that retailers must make their premises as safe as possible for customers, staff and visitors. Therefore, if you’re hit by a shop sign that fell because it was not secured to the ceiling properly, you could receive compensation for your injuries.
- Council accidents. You may also be eligible to claim compensation if you were struck by a falling tree or branch. That’s because local authorities often have a duty of care to inspect trees in their area to try and reduce the risk of injuries. If it can be proven that the council had failed to inspect the tree in question recently, you may have grounds to seek compensation.
- Public transport accidents. If you were struck on the head by an object that fell from an overhead compartment in a bus or coach accident, train accident or another mode of public transport due to a broken lock or overloading, you could have a claim. Similarly on aeroplanes too.
These are just a handful of the types of scenarios that could result in falling object injury claims. If you’ve suffered in any other type of accident, please contact us so that we can assess your chances of being awarded compensation.
There is a potential to sustain a multitude of different injuries if you’re struck by a falling object. In our experience, some of the most common injuries caused by falling objects include:
- A fractured skull.
- Concussion and minor head injuries.
- Back and neck injuries such as herniated discs, spinal cord injuries and whiplash.
- Eye injuries.
- Broken bones.
- Internal bleeding.
- Nose injuries.
- Crush injuries.
- Soft tissue damage.
- Psychological injuries.
- Nerve damage.
If we’ve not mentioned your injury from being struck by a falling object in the list above, please still feel free to get in touch if the incident was caused by another party’s negligence.
There isn’t a set amount of compensation you’d get for being hit by a falling object as each claim is unique. However, for now, our compensation calculator provides guideline amounts for some of the injuries you might have sustained:
To determine the amount of compensation you might be entitled to, your injuries will need to be verified by an independent medical expert. Your solicitor will usually set up an appointment for you locally so that you can discuss your injuries with the specialist before they produce a report listing how you’ve suffered.
On top of any damages paid out for physical suffering, you could also receive compensation for:
- Loss of enjoyment of any normal activities disrupted by your injuries.
- Medical and rehabilitation costs.
- Travel expenses due to being hit by the object.
- Damaged personal property replacement costs.
- The cost of making changes to your house so that it’s easier for you to cope with any long-term injuries.
- Lost income (including any potential future losses).
- Care and support costs.
- Flashbacks, emotional distress and other types of damage to mental health.
As you’ll notice, there is a lot to consider before you make your claim. Therefore, to ensure that you’re compensated fully, a solicitor should review your case in fine detail with you.
To strengthen your claim as much as possible, your solicitor will try to find the evidence to prove why you were hit by a falling object, who caused the accident and how your injuries have affected you. Some of the evidence that may be used for a falling object injury claim include:
- CCTV footage if a camera covered the area where you were struck.
- Medical notes, MRI scans and test results from the hospital that treated your injuries.
- Accident report forms that could prove where and when your accident occurred and any treatment you received.
- Statements from witnesses who saw the object hit you, or the reason why it fell.
- Photographs of the object that hit you and where it fell from. Also, pictures of any visible injuries could prove how you’ve suffered.
- Financial records in case you’re eligible to claim back any costs incurred because of the accident.
- Correspondence related to the incident, such as emails, letters, or text messages exchanged with the responsible party or their insurance company.
It’s helpful if you’ve already obtained any of the information listed above but don’t be put off from calling if you don’t. If your claim is accepted, your solicitor will work hard to try and locate the evidence you’ll need to prove your case.
Any compensation claim for personal injuries has a 3-year limitation period in the UK. Your time limit will typically either start on the date you were hit by the object or your date of knowledge (the date when you were aware, or reasonably should have become aware, the falling object caused your injury). The latter might apply if you were hospitalised or in a coma after the accident.
We’d suggest beginning the claims process sooner rather than later. This will mean that there’s enough time to find the evidence and medical information required to support the claim, and you should also receive a settlement, if the claim is won, sooner.
If your child has been injured by a falling object, there is still a 3-year time limit but it doesn’t start until their 18th birthday. Therefore, you’re able to apply to become a litigation friend and begin a claim on their behalf at any time before then.
If you’d like to make a claim for your child or you’d like to check how long you have left to start a claim, please call today.
If you’ve been hit by a falling object and want to know whether you might have a valid personal injury claim, call us on 0800 6524 881. To help you understand your options, a claims advisor will initially review your case for free and provide advice on what options are available to you.
There’s no obligation to take legal action but if you decide to claim, a personal injury solicitor on our team could help. If that happens, the claim will be managed from start to finish on a No Win No Fee basis. Therefore, legal fees to cover your solicitor’s work only need to be paid if you’re compensated.
Please call or use our live chat service if there’s anything further you’d like to know about falling object injury claims.