Falling on Uneven Pavements: Making a Claim
Find out how much your personal injury claim may be worth
Falling on uneven pavements can cause both minor and serious injuries. No matter the level of injury sustained, they are unfortunate accidents, and you should consider making a claim for compensation for your pavement accident. Pavement accident claims can arise due to potholes, raised paving slabs, uneven paving and all other factors which can pose a tripping hazard and result in a trip and fall leading to you suffering an injury.
If you decide to make a claim for falling on uneven pavements, Beacon Law will ensure your claim is handled by a specialist solicitor so that you receive maximum compensation for the injuries you have endured.
Making a Claim for Falling on Uneven Pavements
If you have suffered a fall on an uneven pavement, there are a number of different criteria which need to be met for a personal injury claim to be made.
1. The pavement defect must be at least 1inch – in an accident claim for personal injury arising from a slip, trip or fall, the defect which has caused the accident and subsequent injuries must be at leash 1inch in height/depth. For example, if you have tripped on raised paving slabs, the raised paving stone must be at least 1 inch above normal level.
2. The accident has a time limit – it is important to note that a time limit of three years applies in making trip and fall claims. This means a claim must be brought forward within three years of the date of the accident. If, at the time of the accident, you were under the age of 18, the three-year clock will start on the date you turn 18 years old.
3. It is important to have suffered an injury – to make a claim against the local council after you have tripped on pavement, there has to be some sort of injury sustained. Some personal injury solicitors will not take your case on for minor injuries such as an injury that gets better within a week or so. However, for more serious injury, such as broken bones or long-lasting soft tissue injuries, you are more likely to have a successful claim.
4. You must have received medical attention – it is important to seek medical attention as soon as possible following on form the accident. Your medical records will act as evidence of your injury, so it is important to seek the assistance of your GP or if the injury is serious, call an ambulance.
Who is Responsible for Falls on Uneven Pavements?
Local Council is responsible for ensuring public roads such as pavements are kept safe. They also have to be kept free from obstruction to ensure the public are kept safe and not in danger of any harm as per the Highways Act 1980.
The Council can make a valid defence against claims under section 58 of the Highways Act 1980. A good Defence will include evidence that the Council has a good system in place to be able to inspect the highway for any defects and that these inspections are carried out regularly. However, at Beacon Law, we will assess this type of Defence and try to challenge it if we believe that the Council’s systems in place have not been enforced properly or are inadequate.
What Can You Claim for, and How Much Can You Receive?
The amount of compensation which you are likely to receive will vary based on the injury you have suffered, the impact it has had on your day to day life and any additional financial losses you may have sustained.
General damages refer to the amount you will receive for your injury, i.e., your pain, suffering and loss of amenity. The figure is based on the type of injury sustained, the recovery time, and the severity and the impact that the injury has had on your life or will continue to have on your future.
Our valuation of your general damages will be based on recent case law, as well as guidelines set out by the Judicial College. These guidelines are used by all personal injury lawyers to assist in making a personal injury claim calculation. We will discuss our valuation of your injuries when we have obtained all the required medical evidence, before we make any attempts to settle you case with the Defendant.
Beacon Law can assist in valuing your claim. You may visit here to see how we value your claim.
Alongside your claim for compensation for your personal injury sustained, you can also make a claim for a number of factors:
· Loss of Earnings – if the accident has meant you are unable to work then you can claim for the earnings which you have lost. You will need to provide evidence of your income which would have been received if it was not for the accident and evidence to show you were not able to work. You can also make a claim for future loss of earnings if it is anticipated that your injury will last a long time.
· Special Damages – Special Damages relate to any additional fees incurred such as any medical fees incurred as a result of the accident. They can make up a various number of factors so please talk to us at Beacon Law to determine all the different aspects you can claim for.
Falling on Uneven Pavements: What Evidence do I Need to Provide?
We advise to collect as much evidence of your accident as possible, including pictures of the uneven payment, pictures of your injury and take any details of any witnesses.
At Beacon Law, we will then assist in collecting your medical evidence in order to value your claim properly.
How Can Beacon Law Assist?
Beacon Law are a team of personal injury solicitors who can assist if you have tripped on a pavement and sustained an injury. We deal with numerous personal injury matters from Road Traffic Accidents, Accidents at Work, or Public Liability injuries such as where the responsibility lies on the Council.
We act on a No Win No Fee basis meaning you will not be required to pay legal fees unless your case is successful. If your case is successful, then we will take a success fee. All this information will be provided to you on the onset of your claim should you wish to proceed with Beacon Law.
We aim to make the legal process smooth and easy to understand for you. We are committed to our clients promise to always act in your best interest and within your instructions. You can read more about our commitment to you here.
If you have a query about your personal injury accident, please get in touch and we will be happy to discuss your claim with you, without any obligations. You can find our contact details here.
The legal matters which we deal with on a no win, no fee basis, include, but are not limited to, the following:
- Accidents at Work
- Slips, Trips and Falls
- Road Traffic Accidents
- Animal Attacks
- Medical Negligence
- Professional Negligence
- Criminal Injury Claims (CICA)
- Catastrophic Injuries
Beacon Law are a Solicitors registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority (SRA).