Are you wondering how much compensation for a fall caused by someone else’s negligence you could be awarded? Did you fall in a workplace accident caused by a lack of health and safety measures? Perhaps you fell in the street after tripping on a broken pavement? Or were you injured in some other public place because those in charge failed to ensure their area was safe?
If so, this guide will walk you through the steps of starting a personal injury claim for compensation. First, we look at guideline compensation amounts and how they are calculated for successful slip and fall compensation claims. Then we discuss the laws that protect your right to be safe at work and in public and look at who is eligible to make personal injury claims. Then, we explain the time limits that apply to making personal injury claims.
In the final sections, we explain how a personal injury solicitor from our panel could take up your case on a No Win No Fee basis to represent you through the personal injury claims process. They can help you collect evidence and calculate a compensation amount that takes into account all the ways a slip, trip and fall has caused you physical, psychological or financial harm. You can read on or discuss your fall compensation claim now with us if you:
- Call an advisor on 0800 408 7826.
- Contact us online to see what your slip and fall claim could be worth.
- Use the live discussion option below.
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- How Much Compensation For A Fall?
- When Are You Eligible To Claim Compensation For A Fall?
- How Long Do You Have To Make A Fall Compensation Claim?
- Can I Make A Fall Claim With No Win No Fee Solicitors?
- Learn More About How Much Compensation Could Be Awarded For A Fall
To claim compensation after a slip, trip, or fall, you need to show that you were injured because a responsible third party breached a duty of care they owed to you. We explain what a duty of care is in the following sections. But firstly, we look at the two heads of claim that could potentially be awarded in a successful compensation claim after a fall accident.
General damages aim to compensate you for the physical and mental injuries sustained from your slip, trip and fall accident. Here are some things that are considered:
- The level of treatment you need.
- Your pain severity.
- How your quality of life has changed from before sustaining the injury.
To apply a value to general damages, those tasked with calculating the amount can look at your medical evidence and refer to the Judicial College Guidelines (JCG). This publication lists guideline award brackets for various types of injuries based on severity.
Compensation Guideline Awards
Area of Injury Severity Award Bracket Guideline Notes
Several Severe Injuries Causing Significant Financial Loss Severe Up to £1,000,000 plus This amount reflects multiple serious injuries caused by the fall and the subsequent expense of treatment, care and lost earnings.
Head Very severe (a) £282,010 to £403,990 Cases including 'locked-in' syndrome paired with a significantly restricted life expectancy.
Moderate (c) (i) £150,110 to £219,070 Cases of an intellectual deficit that ranges from moderate to severe and impacts speech, senses and personality.
Neck Severe (a) (i) In the region of £148,330 Cases of incomplete paraplegia or spastic quadriparesis that is permanent.
Severe Leg Injuries The most serious injuries short of amputation (b) £96,250 to £135,920 Injuries severe enough to warrant the level of awards normally reserved for amputation.
Back Severe (a) (i) £91,090 to £160,980 Cases of the most severe injury involving damage to the spinal cord and nerve roots.
Moderate (b) (i) £27,760 to £38,780 A wide range of injuries are assessed in this bracket, including compression and crush injuries to the lumbar vertebrae.
Foot Very severe (c) £83,960 to £109,650 Injury that causes permanent and severe pain or really serious permanent disability.
General Psychiatric Damage Severe (a) £54,830 to £115,730 Mental health damage that creates marked difficulty in areas of work, education and general living. Also, the prognosis is very poor.
Ankle Very severe (a) £50,060 to £69,700 Unusual injuries such as transmalleolar fractures and severe soft tissue damage.
Importantly, the figures in the table above are only guidance (the first line amount has not been taken from the JCG). Please use this table as a guide to see what could be awarded for a slip, trip and fall related injury. However, since each compensation claim is unique, there is no average payout that is guaranteed.
Can I Claim Special Damages As Part Of My Fall Compensation?
The second head of claim for which you can be compensated is called special damages and is for the financial losses caused by the injury. Special damages seek to reimburse you for any directly related expense incurred by the injury, such as:
- Lost earnings from missing work.
- The need for care at home.
- Medical bills.
- Travel expenses.
- Adaptations needed at home or in your car.
It is essential to have documented proof of these losses. So, it is best to keep hold of all receipts, bills, payslips and bank statements. They can show how you were impacted financially. Otherwise, there may be no compensation awarded for this head of claim.
If you would like more advice on collecting proof for general and special damages, speak to us on the number above. Although there is no guaranteed average payout, we can tell you more about fall compensation amounts for slip and trip claims if successful.
To have an eligible personal injury compensation claim, you need to show that a person who had a responsibility for your health and safety, such as your employer or controller of a public space, failed to fulfil their duty of care which meant you suffered an injury or illness. We discuss specifically what duty of care is owed to you in the following sections.
The criteria below define negligence in tort law, and all three must apply to you to have a valid personal injury claim:
- You were owed a duty of care at the place and time of your injury.
- There was a breach of this duty.
- This breach caused or contributed to your injury.
Here we look at who owes a duty of care and how a breach of that could lead to a fall compensation claim:
Accidents At Work
Duty of care in the workplace is outlined by the Health and Safety at Work etc Act 1974 (HASAWA). For employers, this means they have an obligation to take practical and reasonable steps to ensure employees are safe while doing their jobs to prevent an injury at work.
Here are some ways in which slip, trip or fall accidents could happen because an employer fails to follow their legal duty of care:
- They do not provide the appropriate training or uniform needed to complete tasks safely. For example, in a warehouse, you are given no training on how to use a ladder. So, you fall from the top and suffer head injuries and serious head trauma.
- They do not regularly risk assess or check for hazards. For example, on a construction site, a roof has not been risk assessed, yet an employee is told to work on the roof. As the employee gets to near the middle of the roof, it collapses. They suffer several broken bones, including a broken leg and broken arm, and also soft tissue injuries from the fall from height.
Accidents In A Public Place
In public places, the duty of care owed is outlined in the Occupiers’ Liability Act 1957. Those in charge of an area open to the public (an occupier) have an obligation to take steps to ensure the practical and reasonable safety of those lawfully using their space, to prevent injuries.
Here are some ways in which slip, trip or fall accidents could happen because an occupier fails to follow their legal duty of care:
- There are no warning signs for a hazard. For example, there is a spillage in a supermarket aisle. Despite the staff being aware of the spillage, there is no wet floor sign displayed. So, you slip and fall over the spillage as you are shopping, leading to a back injury.
- Not repairing defects. For example, there is a stairway in a public car park where the handrail is broken and loosely hanging off the side. When you grab the handrail to help you walk down the stairs, the handrail comes off, causing you to fall down and sustain a neck injury.
Do I Need To Gather Evidence For A Fall Claim?
You must also have evidence to prove that your circumstances meet the claims eligibility criteria. Here are some types of evidence that are useful to have to strengthen your slip, trip and fall claim:
- Medical records – that show the injuries you have sustained as a result of your slip, trip or fall.
- Photographs of the accident scene/a video as the accident happened that shows the causation.
- Witness contact details so that a statement can be taken at a later date.
Specialist solicitors from our panel can help gather the evidence you need as part of their service when claiming compensation. To see whether you have a valid claim please contact us at a time best for you. Our services are open 24/7.
Under the Limitation Act 1980, there is a standard three-year time limit in which to launch fall compensation claims. This can start from the date of the accident itself. However, certain exceptions can apply:
- A litigation friend can be appointed by the courts to start a claim on behalf of the injured person if they are under 18. If no one does this, the three-year limitation period in which to make an independent claim will start from the date they turn 18.
- A litigation friend can also claim on behalf of those who lack mental capacity. If mental capacity returns and no claim has been made, the three-year period starts from that date.
Contact us to discover more about fall compensation claims and what time limits apply.
When asking ‘How much compensation for a fall claim?’ it’s important to include all the predicted costs that you might face in the future. Serious injury can demand prolonged care and treatment. So it can be very sensible to seek legal advice before claiming compensation.
We offer a free case check of eligibility. If valid, you can be connected to the personal injury solicitors on our panel, who will evaluate every aspect of a compensation claim under a type of No Win No Fee agreement. Typically, they offer a Conditional Fee Agreement (CFA) which means your solicitor requires:
- No upfront fees to hire them.
- No ongoing fees for services during the claim.
Under a Conditional Fee Agreement slip and trip claims that fail also require no fees for the solicitor’s services. With a CFA, you only pay a restricted percentage deduction from your compensation if the case wins. A legal restriction applies to this percentage which means you always benefit the most from the award made.
To see if you could launch a compensation claim this way, speak to our advisors. It’s free and carries no obligation. If they see that you have good grounds to claim fall compensation, they can connect you to a solicitor who could provide free legal advice. The solicitors on our panel will work hard to ensure you get the maximum compensation for your claim. Simply:
- Call an advisor on 0800 408 7826.
- Contact us online to see what your slip and fall claim could be worth.
- Use the live discussion option below to ask a question.
You might find these other resources of ours useful:
- Try using our compensation calculator to find out more about fall compensation amounts.
- See if you could claim for suffering a broken foot in a public place.
- Find out if you could claim for a back injury.
You might find these other external resources useful:
- Advice after a fall from the NHS in this article.
- Information on preventing slips, and trips in the workplace from the Health and Safety Executive (HSE).
- Helpful advice from the Royal Society for the Prevention of Accidents RoSPA about fall prevention.
Lastly, thank you for reading this guide on how much compensation for a fall could be awarded if a fall claim is successful. If you want us to help you in any other way or let you know more about potential compensation amounts, please do not hesitate to get in touch.