If you have been injured in a fall then you may be able to claim compensation for your injuries.
In order for you to have the basis of a claim you must prove that on the balance of probabilities the person or body responsible for the area where your accident occurred has been negligent and/or in breach of their statutory duties and this has led to you suffering injuries.
If you were injured in the street then any claim is likely to lie against the local highway authority (usually the local council).
If you are injured as a result of an accident on someone’s property (e.g. in a privately owned street, a shop, a house, building or any other public place), injury claims may be against the ‘occupier’ of the property.
The ‘occupier’ is usually the person (or body) who has control over the land where your accident occurred.
Under the Occupier’s Liability Act 1957, an occupier must take reasonable care to ensure that visitors to his premises are safe while they are on the premises.
Even if you had no permission to be on the premises, you may still have a claim.
If at all possible you should ensure that photographs are taken of the defect which caused your accident as soon as possible. You should try to ensure that the photographs show the size of the defect (e.g. by holding a ruler or tape measure next to the defect).
You should put together a list of all those people who saw your accident take place as it will be necessary to take statements from them in the future.
If you are successful in your claim you will usually be able to claim compensation for any pain or suffering you have suffered as a result of your injuries. You may also be able to claim for other losses you may have incurred as a result of your accident such as:
- • the cost of medical treatment or medication
- • damage to clothing
- • loss of earnings
- • travel expenses to and from your GP or Hospital for treatment
- • care and assistance someone has had to give you because of your injuries
If you have suffered any financial losses as a result of your accident you should keep a record of them. You should also keep any receipts for those losses.
A person usually only has 3 years from the date of their accident to issue Court Proceedings. Therefore if Court Proceedings are not issued within 3 years of the date of the accident you would usually be unable to pursue your claim further as it would be out of time and statute barred. The Courts can however waive this 3-year time limit if it can be shown that there was a valid reason why you did not pursue the claim sooner.
Tripping & Slipping Accident Compensation