Pavement accident claims are one of the most common types of personal injury claims, with thousands of pedestrians being injured due to a slip, trip or fall everyday. Falling on uneven pavements can lead to many types of serious injuries. Your life may be severely impacted and you may even need to take long term sick leave from work. If you have tripped on an uneven pavement and have been injured as a result, you may be entitled to make a claim against the local authorities or other parties responsible for the area of your accident. Contact Beacon Law today for a free initial discussion and find out if you could claim for pavement trips.

The Local Council’s Duty of Care

The local council will have a duty of care to ensure that all pavements, roads and highways are safe for use by members of the public. This means also ensuring that they are free from any types of trip hazards. Their main duties include:

• Have a system in place to regularly inspect roads and public highways for defects, such as uneven pavements.
• Repair any defects found during the inspection within a reasonable period of time.
• Repair all reported dangerous defects within a reasonable period of time.
• Place hazard signs to warn pedestrians of any dangerous defects or hazards in the area.

If you have tripped on a pavement due to the Council breaching their duty of care, it is likely that you will have grounds to make a pavement accident compensation claim.

In some cases, it can be quite difficult to prove that the Council have breached their duty of care. The Council may make a valid defence against these types of 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.

At Beacon Law, our specialist solicitors handle these types of claims every day and will assess this type of defence and will challenge it if we believe that the Council’s systems in place have not been enforced properly or believe their systems have been inadequate.

Common injuries caused by tripping on a pavement

Falling on a pavement can result in a variety of injuries, some of the most common include:

• Fractures: Falls can result in broken bones, especially in the wrist, arm, ankle, or hip.
• Head injuries: Falls can result in injuries to the head, including concussions, skull fractures, and brain injuries.
• Soft tissue injuries: Sprains, strains, and bruises are common in falls.
• Lacerations: Cuts and scrapes can result from falls.
• Back and spinal injuries: Falls can result in injuries to the back and spine, including herniated discs, spinal fractures, and other injuries.
• Internal injuries: Falls can cause internal injuries, such as internal bleeding, organ damage, and other injuries.

It is important to note that some of the injuries resulting from a fall may not be immediately apparent and may appear later. That’s why it’s important to seek medical attention immediately after a fall, even if you don’t think you’ve been seriously injured.

Tripped on an uneven pavement: Can you make a claim?

If you have suffered a trip or a fall on an uneven pavement, there are a some specific criteria which need to be met to be eligible to make a pavement accident claim. We will assess the circumstances of your case before we agree to take on your claim on a no win, no fee basis. If we believe you have grounds to make a claim based on your circumstances, we can proceed with your case.

1.      There must be a clear defect on the pavement and it must be at least 1inch – when making a claim if you have tripped on an uneven pavement, the defect which has caused the accident and subsequent injuries must be at leash 1inch in height/depth. We need to be able to prove that the area in which you had your accident was clearly dangerous and required a repair. For example, if you have tripped on raised paving slabs, the raised paving stone must be at least 1 inch above ground level. If you tripped due to a pothole, the depth must be at least an inch below normal ground level.

2.      The accident must have happened in the last 3 years – it is important to note that there is a strict three-year time limit for making any type of personal injury claim. This means a claim must be concluded, or Court proceedings initiated 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 and you will have until your 21st birthday.

3.      You must have suffered an injury – to make a claim for personal injury due to tripping on an uneven pavement, you must have sustained some sort of physical injury. 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. For more serious injuries, however, 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 your 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. It is also important to obtain medical assistance to minimise the impact of your injury.

How much compensation are you entitled to?

The amount of compensation you will receive is entirely dependent upon the injury you have sustained, the impact it has had on your daily life and any additional financial losses you may have sustained. Impacts on your mental health will also be taken into consideration when valuing your claim.

Your compensation for tripping on an uneven pavement will be split into general damages and special damages.

General damages refer to the amount of compensation you will receive for your injury, i.e., your pain, suffering and loss of amenity. This 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. It will also take into consideration whether you have had to stop doing any activities you once enjoyed, such as playing a specific sport.

Before negotiating an offer with the defendant, we will provide you with a valuation on how much we believe your claim is worth. Our valuation for your injuries will be calculated using recent case law, as well as guidelines set out by the Judicial College.

These guidelines are used by all personal injury solicitors to assist them in making a personal injury claim calculation or valuation. They will also be used by the defendant when they value your claim.

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 other side.

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, known as special damages. These may include:

·        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.

·        Other special Damages – Special Damages relate to any additional fees incurred such as any medical fees incurred as a result of the accident, travel costs, or costs of any care and assistance required. 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.

Evidence required for proving your case

When making a claim, you will be required to provide a certain amount of evidence to prove to the defendant and the court that you have tripped on an uneven pavement which has ultimately resulted in you sustaining an injury.

To do this, we advise that you collect as much evidence of your accident as possible. Evidence may include pictures of the uneven payment, pictures of your injury and details of any witnesses present at the time of the accident as they may be required to provide a witness statement. It may also be worth investigating whether any CCTV is present in the area of your accident.

At Beacon Law, we will then assist in collecting your medical evidence in order to value your claim properly when we have agreed to take on your case.

No win no fee pavement accident claims

A no win no fee compensation claim, also known as a “conditional fee agreement” (CFA), is a type of arrangement where a solicitor agrees to take on a case on the condition that they will only be paid if the case is successful. If the case is not successful, the client does not have to pay the solicitor’s fees.

Here is how it works:

1. The client contacts a solicitor and explains their case. The solicitor will assess the case and, if they believe it has a good chance of success, they will agree to take it on under a no win no fee arrangement.
2. The solicitor will then work on the case, gathering evidence and building a strong argument for compensation.
3. If the case is successful, the solicitor will be paid a success fee, which is a percentage of the compensation award, agreed in advance between the client and the solicitor.
4. If the case is not successful, the client will not have to pay the solicitor’s fees, but may have to pay other costs associated with the case, such as court fees or expert witness fees. In most circumstances, an ATE premium will be taken out on the clients behalf to cover these costs. The fee for this premium is payable if the case is successful and will be deducted from damages at the end of the case.

How can Beacon Law assist if you have tripped on an uneven pavement?

Beacon Law are a team of personal injury solicitors who can assist if you have tripped on a pavement and sustained an injury as a result. 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. You can also get in touch using the form at the top of the page or using our live chat function.