Pavement Accident Claims for Compensation
A Short Guide
Find out how much your personal injury claim may be worth
Pavement accident claims for compensation are one of the most common types of accident compensation claims. In some circumstances, a trip on a pavement can lead to a great deal of pain and even financial troubles if the injuries were serious enough to require time off work. If you have been injured as a result of a slip, trip, or fall on a pavement, you may be able to make a personal injury claim against the council.
The Main Causes of Accidents on a Pavement
The majority of pavement accident claims that we deal with arise as a result of poorly maintained pavements or roads. Defects such as potholes, significantly uneven surfaces, and uneven paving slabs are usually the cause of many trip accidents. Badly placed road signs, defective kerbs, and damaged drain covers are also very common causes of accidents on pavements.
Can I Make a Pavement Accident Claim?
In some cases, there may be no physical cause of the accident. In these circumstances, the injured party would be unable to make a claim for personal injury compensation as there would be no one to pursue the claim against.
To be successful in making a pavement accident claim, you must be able to show that someone has been negligent, and that their negligence has led you to suffer injuries as a result.
If your accident was caused by some sort of road or pavement defect, such as an uneven, damaged, or poorly laid pavement, you may be able to make a claim for compensation. When making this type of claim, we would usually pursue the claim against the council, unless the location of the accident or defect was controlled by someone else, such as an external company or contractor.
The Local Council’s Duty of Care
The local council will have a duty of care under the Highways Act 1980 to ensure that all pavements, roads and highways are safe for use by members of the public. If you have tripped on land which does not fall under the council’s responsibility, you will be able to bring a claim against the land owner under the Occupiers’ Liability Act 1957.
The council’s main duties include:
- Have a system in place to regularly inspect highways and roads for defects.
- Repair defects found during an inspection within a reasonable period of time.
- Repair all reported dangerous defects within a reasonable period of time.
- Place signs to warn of any dangerous defects or hazards.
What Should I do After an Accident on a Pavement?
If you are injured as a result of an accident on a pavement, you should seek medical attention for your injuries as soon as possible. If your accident was caused by a dangerous defect or hazard on the pavement, you should make note of the location of the accident and you may wish to report the accident to the council so that they can repair the defect as soon as possible.
When making a claim for an accident on the pavement, you will be required to provide photographs of the defect that caused your injuries, and if possible, take measurements of the tripping edge. You should try to include a photograph showing the measurements of the tripping edge, and also take photos of the surrounding area to assist us in providing the exact accident location to the Defendants.
Please also provide photographs of your injuries as these may be required as evidence.
If you had to pay for any medical treatment or medication as a result of your injuries, you should keep hold of any receipts so that you can claim these expenses.
Making a Pavement Accident Claim
If you would like to make a claim for compensation following an accident on a pavement, get in touch with us to start your claim. If you give us a call, or provide your contact details using the contact form at the top of the page, we will put you in contact with a specialist solicitor who will explain the claims process to you. We provide all claims on a no win, no fee basis which means that we will deduct our legal fees from your compensation if you are successful.
If you decide that you would like to go ahead with making your claim, we will send you out some paperwork to fill in before we submit your claim to the defendant. The time taken to settle a claim can vary depending on whether or not the Defendant accepts liability for your accident and the seriousness of your injuries.
If we can establish liability on part of the Defendant, we will settle your claim based on the seriousness of your injuries. You may need to attend an appointment with an independent medical expert to have your injuries assessed before we can negotiate settlement of your claim.
In circumstances of making a claim on behalf of a child, a litigation friend must be appointed. This would usually be the child’s parent or legal guardian.
How Much is my Claim Worth?
The amount of compensation you receive for your pain, suffering and loss of amenity in any personal injury claim will vary depending on the severity of your injuries. The amount of compensation awarded for less serious injuries which recover quickly will be lower than those for the more serious, long-lasting/permanent injuries, which will be awarded higher levels of compensation.
There are some law firms providing compensation calculators online; however, these calculations may not always be correct and may give unrealistic expectations as to how much a person’s claim is worth. Each claim will be different, and the amount of compensation awarded will vary based on a range of different factors.
When making a valuation of your injuries, we rely upon recent case law, as well as guidelines set out by the Judicial College. We will then negotiate a settlement with the Defendant to ensure that you receive the correct amount of compensation for your injuries.
As well as your compensation for your injuries (general damages), you will be able to claim Special damages, which refer to any additional losses. These losses may include:
- Loss of Earnings if you have had to take time off work as a result of your injuries.
- Medical Expenses for any treatment received as a result of the accident.
- Costs of care and assistance if you needed help around the home due to your injuries.
- Travel expenses for any costs incurred travelling to and from appointments relating to the case or accident.
It would help if you kept all receipts and invoices for your additional losses as these will be required to prove your losses.
When Should I Make a Claim?
Pavement accident claims for compensation should be made as soon as possible after the accident. There is a three-year time limit for all Occupiers/Public Liability , Employers Liability, and Road Traffic Accident personal injury claims. Your claim will become statute-barred, and you will lose the entitlement to make a claim for compensation if you do not conclude your claim within three years of the accident date (or from the date on which you became aware that your injury was caused by the Road Traffic Accident)
We would recommend starting your claim as soon as possible as the deadline relates to the settlement of the case, not the initiation of the case. If the case takes longer than expected to settle, the Court may allow for an extension past the three-year deadline.
For Claimants under the age of 18, the clock will not start until they have reached this age and they will have until their 21st birthday to conclude their case.
Why Choose Beacon Law to Deal with Your Pavement Accident Claims?
Beacon Law are specialist, professional Personal Injury Solicitors with a wealth of experience in dealing with claims against local authorities. We can provide you with specialist legal advice on making a claim and guide you through the process, whilst negotiating the best settlement for your accident and injuries.
Our specialist personal injury solicitors are highly experienced in handling pavement claims. We have recovered substantial damages for client’s injured on the road. We will take on your case on a no win, no fee basis, meaning you will only be required to pay our fees if you win your claim. To find out more about on a no-win, no fee basis, take a look at the funding section on our website.
For a free, no-obligation assessment of your claim call one of our specialist personal injury lawyers today on 0330 1332 857 or complete our online enquiry form and one of our experts will call you back.
Beacon Law is authorised and regulated by the Solicitors Regulation Authority with our registered office in Cheadle, Greater Manchester.