It’s not just employees who are at risk from perils and potential injuries resulting from slips, trips and falls, either – visitors, members of the public and contractors are also susceptible to the inherent dangers posed by these types of accident.
Here, we guide you through the legal and logistical minefield of claiming compensation for injury resulting from a slip, trip or fall, with a few facts.
1. A Civil Claim
An injury sustained from a slip, trip or fall in the workplace or elsewhere is governed by the Civil law – in other words, it’s a private case between you and the other party (employer, shop, local authority, property owner etc) to recover financial loss and damages for an injury.
2. Any Time, Any Place
A slip, trip or fall could occur anywhere – at work or in a public place, on pavements or in shops and supermarkets. Most people also don’t realise you can sometimes make a claim if you’re hurt at home too. For example, if you fall and hurt yourself in someone else’s house (either as a visitor or a tenant), they might be liable and you could be entitled to take action to recover damages from them.
3. Differing Liabilities
The liability for these types of accidents will differ depending on where it happened. For example, if you were injured at work then it’s your employer’s responsibility; if it occurred in a public environment then whoever owns the land is accountable, as it’s up to them to ensure the location is safe. An accident at home is the responsibility of the property owner, although in such cases it can be harder to prove negligence.
4. In Professional Hands
There’s no doubt an experienced and specialist personal injury lawyer can help you with your case. Because they’re experts in the field, they know exactly how to handle cases professionally, as well as gathering all the relevant information and documentation to strengthen your case and optimise your chance for maximum compensation.
5. Prove Your Case
If you’ve been unfortunate to suffer an injury as the result of a slip, trip or fall, the onus is on you to prove negligence and provide sufficient evidence, citing the relevant factors, for a claim. You have to be able to prove that negligence resulted in your fall and injury.
6. Prove Your Injury
You will also have to prove you have been injured as a result of the slip, trip or fall, and it has to be substantial enough to justifiably retain a solicitor to make a claim for financial recompense. The Small Claims Court limit is currently £1,000 for “pain and suffering”, so the injury has to be a material one with symptoms lasting at least a week to justify a solicitor becoming involved.
7. Personal Responsibility
Your own negligence will be taken into account and can actually reduce the level of compensation you’ll receive. If you were partly responsible for the injuries you sustained, a percentage of any financial damages you are awarded will be incrementally deducted.
8. Injury to Payment Ratio
The amount of compensation you will receive will be relative to the level of injury you have suffered. Therefore, the more seriously you have been injured, the more compensation you are likely to receive.
9. Psychological Injury
Suffering a slip, trip or fall can often be a traumatic experience. In some instances, this can lead to a claim for psychological injury, though this would generally have to be supported by a medical assessment from a psychologist or psychiatrist.
10. Out of Court Settlement
The majority of slip, trip and fall cases settle out of court – In most cases the defendant will simply offer you an out of court settlement.
The expert panel of solicitors at SB Claims have a long and successful track record of dealing with slips, trips and falls and getting claimants the compensation they deserve.
Call us today for a free, no-obligation assessment on 0333 888 0408 or email us at email@example.com