Last updated on January 21st, 2022
Having a fall can cause many problems ranging from minor cuts and bruises to life-changing back, neck or head injuries. If you’ve been hurt by a fall that resulted because somebody else was negligent, you may eligible to claim compensation for your suffering.
In this guide to claiming compensation for a fall, we’ll look at the criteria that need to be met before you can claim, the types of accidents you could claim for, and we’ll also explain how much compensation for a fall might be awarded.
By calling our claims advisors on 0800 6524 881 they could help you begin the claims process today. First of all, they’ll review what’s happened to you and how you were injured in the fall. Then, if there appears to be a reasonable chance of success of a successful claim, we could ask one of our personal injury solicitors to take on your case. If they represent you, you could claim compensation for a fall on a No Win No Fee basis. As a result, you won’t need to pay anything for their work up front and you won’t need to pay anything if they don’t win your case.
If you’d like to claim compensation for a fall right away why not call the number above to get in touch. To learn more about how the claims process for a fall works first, please read through the rest of this guide.
Table of contents
- Common Injuries From Falls
- Can I Claim Compensation For A Fall?
- Evidence To Support Your Claim For Compensation
- Accidents That Could Lead To Personal Injuries From A Fall
- How Much Compensation For A Fall?
- What’s The Average Settlement For A Fall?
- How Long Do I Have To Claim For Injuries From A Fall?
- Using A Personal Injury Solicitor To Claim Compensation For A Fall
It’s true to say that falls can happen just about anywhere (we’ll provide some examples later). Furthermore, they can cause many different types of injuries. While we can’t write about them all in this guide, some of the more common include:
- Ankle sprains.
- A torn Anterior Cruciate Ligament.
- Ligament, tendon, or soft tissue injuries.
- Cuts, bruises and lacerations.
- Concussions and other brain injuries.
- Broken wrist.
- Nose injuries.
- Elbow injuries.
While injuries can affect any part of the body, injuries to the hands, wrists, and arms are quite common when the victim uses their hands to break their fall. If you’d like to check whether you can claim compensation for injuries caused by a fall, please call today.
To be eligible to claim compensation for a fall, you’ll first need to establish that the defendant owed you a duty of care. You shouldn’t worry about this too much because our team will check this during your free consultation. Some relevant laws that could help to establish a duty of care include:
- The Occupiers Liability Act 1984.
- The Health and Safety at Work Act 1984.
- The Work At Height Regulations 2005.
- The Highways Act 1980.
As well as a duty of care, you’ll need to show that the defendant:
- Was negligent and caused an accident (breach of duty); and
- You fell and injured yourself because of that negligence (causation).
These criteria can be proven with supporting evidence. Therefore, in the next section, we’ll show you what information you could gather to help you claim.
As with all personal injury claims, evidence is required if you wish to seek damages for a slip, trip or fall. It will need to demonstrate how your accident happened, who was to blame, and how serious your injuries were. To help you claim, you could use:
- Accident reports. Businesses are required to use an accident report book to document any incidents on their premises. A copy of your report could be used to confirm where and when the accident happened.
- Witness details. If it’s not clear what happened, your solicitor might ask any witnesses for a statement about what they saw.
- Medical records. Having your injuries treated by a GP or at a hospital is important. By doing so, any injuries from your fall should heal sooner but your X-rays and medical notes could be used as evidence to support your case.
- Photos. A photo of an accident scene just after the incident happened can make it much easier to explain why it happened. Therefore, it’s a good idea to take your phone out and capture the scene from different angles.
- Camera recordings. If the area where you fell was covered by a security camera, you can request a copy of any footage. Do this quickly, though, as it may be wiped within a few days or weeks.
If you’re ready to claim compensation for a fall, call our team to discuss your options. Our advisors will review any evidence you’ve collected so far and provide advice on your next steps.
Some of the types of accidents that might mean you want to claim compensation for personal injuries from a fall include:
- If you fell down a basement because a trap door was left open with no warnings.
- Where you slip and fall in a supermarket because of a spillage or leak that had not been cleared up swiftly.
- If you fall from a scissor lift at work because you weren’t given a safety harness by your employer.
- Where you’ve tripped and fallen on a pavement defect that hadn’t been repaired.
- If you fall on a bus because the driver pulled away too fast while you were climbing the stairs.
- Where you fall and injure yourself because a trip hazard was hidden by inadequate lighting.
These are just a few scenarios where compensation for a fall might be possible. There are of course many more besides these so don’t worry if there’s not an example similar to yours. Remember, so long as your fall resulted from somebody else’s negligence, you could claim for any injuries sustained.
A compensation claim for a fall could be made against:
- The council/local authority.
- Your employer.
- Shop or supermarket operators.
Generally, your claim will be handled by the defendant’s insurance company. Even if you believe your claim is straightforward, you’ll typically only be paid compensation if:
- The defendant admits liability from the start; or
- You can prove to the insurer what happened and why their client was liable for your injuries.
We’ll explain how our personal injury solicitors could make this process easier and more successful shortly.
If you’re claiming compensation for a fall, how much compensation you would get will be based on:
- General damages. Where you’ll claim for any pain, suffering or loss of amenity resulting from your fall.
- Special damages. Here you’ll ask to have any costs, expenses, or losses caused by your fall paid back. Care costs, lost wages and medical expenses could all be considered here.
The personal injury claims process may require you to have a medical assessment of the injuries caused by your fall. This will be conducted by an independent expert. Our solicitors can usually book your appointment locally so you won’t need to travel too far.
The average settlement for a fall will primarily depend on how severe your injuries are and the impact they’ve had on your life. Therefore we’ve listed some of the common injuries you could sustain during a fall below and their compensation values that are currently advised (for general damages) by the Judicial College to demonstrate potential settlement amounts.
|Head||Moderately Severe||£219,070 - £282,010||Brain damage, loss of limb feeling, personality change, and/or mental incapacity have left severe disability.|
|Head||Extremely Severe||£282,010 - £403,990||Victims who have become unresponsive as a result of serious brain damage, or who have entered a vegetative condition.|
|Head||Moderate||£43,060 - £219,070||Situations where memory is harmed, resulting in a reduced ability to work, to more severe cases where there is no likelihood of being able to work, personality changes, and a high risk of epilepsy.|
|Head||Less Severe||£15,320 - £43,060||There may still be some difficulties, such as affected memory or a small risk of epilepsy, but overall, the patient has made a good recovery.
Any impairment, as well as the severity of the original injury, are taken into account.
|Head||Mild||£2,210 - £12,770||Head injuries that haven't resulted in brain damage or only minor brain damage but may nonetheless have long-term consequences.|
|Back||Severe||£38,780 - £160,980||Severe injury to the upper or lower back, which may result in paralysis or other problems with the lower body's organs.|
|Back||Moderate||£12,510 - £38,780||This range of compensation amounts could apply to a variety of back injuries, including lumbar vertebrae compression, ligament or soft tissue injury, ongoing pain, and/or discomfort.|
|Back||Mild||Up to £12,510||Strains and sprains, soft tissue injuries, a slipped disc, and muscle soreness are all examples of less serious back injuries.
Recovery time and treatment would also be taken into account.
|Elbow||Extremely Severe||£39,170 - £54,830||Total restriction of elbow movement, which has resulted in impairment or necessitated surgery.|
|Elbow||Less Severe||£15,650 - £32,010||Where there's a restriction of movement in the arm as a result of the elbow injury, but it does not cause substantial handicap and no major surgery is required.|
|Elbow||Mild||Up to £12,590||A mild to moderate elbow injury that is currently causing pain but will allow full range of motion in the future.|
|Wrist||Very Severe||£47,620 - £59,860||Complete loss of function due to a wrist injury.|
|Wrist||Significant||£24,500 - £39,170||Despite the fact that a wrist injury has resulted in considerable and lifelong impairment, there is still some usable movement available.|
|Wrist||Less Severe||£12,590 - £24,500||A broken wrist that results in long-term impairment, such as pain and stiffness.|
|Wrist||Moderate||Up to £10,350||Wrist fractures and soft tissue injuries that are fully recovered or expected to be fully recovered but may take more than a year.|
|Wrist||Minor||Up to £7,430||Minor wrist fractures and an uncomplicated Colles' fracture.|
|Ankle||Extremely Severe||£50,060 - £69,700||The most serious ankle injuries can result in deformity, joint deterioration, and even amputation.|
|Ankle||Moderate to Severe||£13,740 - £50,060||When evaluating the degree of compensation for ankle injuries in this group, fractures, intensive treatment, and disability are just a few of the elements that will be taken into account.|
|Ankle||Mild||Up to £13,740||Ankle fractures and sprains that are classed less serious ankle injuries.
Amount of recuperation time, pain, scars, and other factors would be evaluated.
Please bear in mind that these figures are estimates that, if your claim is successful, could rise or fall.
If you decide to claim compensation for injuries from a fall, you will need to abide by the relevant time limit. In most cases, you’ll have 3-years to claim from the date you fell over and hurt yourself. However, if your injuries were not apparent until a later date, you’d have 3-years from your diagnosis.
This limitation period won’t apply if your child has been injured in a fall. In this situation, you can take action at any point so long as you begin before your child’s 18th birthday.
To start the claims process right away, call our team today to check your chances of being compensated.
Proving that your injuries were caused by a fall that resulted from the defendant’s negligence is vital if you’re to be compensated. If you can’t, your case might not be settled in your favour or you could receive less compensation than you might be entitled to.
We believe you’ve got a better chance of winning and being compensated fairly if you’ve got a personal injury solicitor on your side. If your case is accepted by one of our specialist solicitors, they’ll do all they can to try and achieve the highest payout possible for you.
While your solicitor will manage all communication with the defendant on your behalf, you’ll know how your case is progressing through regular updates. If a settlement offer is received, it will be discussed with you before any decision about it is made.
Are you ready to claim compensation for a fall today? If so, contact our claims advisors for a free consultation on 0800 6524 881. Your case will be assessed quickly and we could ask a personal injury solicitor to begin working on it immediately, and calculate how much compensation for a fall you could be entitled to claim.