Home > Personal Safety > Making a Compensation Claim for a Fall

Making a Compensation Claim for a Fall

By: Garry Crystal - Updated: 9 Aug 2010 | comments*Discuss
 
Compensation Claim Fall Trip Council

Compensations claims after a fall are usually known as a personal injury claims. There are a number of ways to claim compensation and in most cases legal advice should be taken.

Definitions of Personal Injury

There are many types of personal injury for which a person can claim compensation. One of the more common types of fall will usually be caused by slipping or tripping on cracked or worn paving stones. But falls can also occur on wet floors in shopping stores or injuries in traffic accidents. Older people are specifically vulnerable if a fall occurs, and broken bones can mean operations and many months of recuperation. A successful compensation claim is never a foregone conclusion no matter what the compensation companies claim.

Taking Action After a Fall or Trip

The first task to be undertaken after a fall should be reporting the matter to a doctor, and the police in the case of road accidents. Anyone who has suffered a fall should visit a doctor even if the injury seems minor. If the case does go to court a doctor’s report can be used as evidence. If possible other evidence should be collected as soon as possible after the fall has occurred. This evidence should include witness’s names and addresses, photographic evidence of where the fall happened and what caused the fall.

Making a Compensation Claim Through a Claims Assessor

There are numerous claims assessors advertised over the internet, sometimes known as claims managers. Many will offer a ‘no win, no fee’ service. Claims assessors are not usually solicitors and will not be able to fight compensation claims in the court. Claims assessors will usually receive a percentage of awarded compensation; this could be as much as 50%. If a claims assessor is the chosen course of action always check that they are authorised by the government.

Using a Solicitor to Take Legal Action

If the victim of a fall is considering legal action then representation by a solicitor will be required. Advice from a solicitor should be made quickly after the fall has occurred as there are time limits on submitting claims. Personal injury claims for negligence can however be issued up to three years after the injury was sustained. A solicitor will be able to advise on the time limits for specific personal injury claims.

Paying the Costs of a Solicitor

Solicitors are expensive but legal aid may be available under certain circumstances. Some solicitors will also offer a ‘no win, no fee’ service; this is known as a conditional fee agreement. If the compensation claim does go to court and the outcome is unsuccessful it could mean that the claimant will be required to pay the opposition’s legal fees. In certain cases personal insurance policies may be used for legal expenses. Solicitors will be able to give advice on the likelihood of a successful compensation claim.

Claiming Compensation Over a Fall from a Council

Local authorities such as councils are notoriously reluctant to pay compensation. The person claiming compensation will need to prove that the council has been negligent or has failed in its statutory duty. Excuses given by council insurers have included that no one has reported a previous fall in a place reported by the fall victim. Councils should have online compensation claim forms available for download. Legal advice is strongly recommended if compensation is sought from a council.

Types of Compensation Available

There are two different types of compensation available that can be claimed for. General damages may be paid if an injury has occurred and the compensation is for loss of future earnings, pain and suffering. The court will be the one who decides how much compensation is to be given. Special damages compensation can be awarded for financial loss up to when the court hearing takes place. Special damages can include medical expenses and private treatment, costs of care and travel costs to a hospital. Special damages can also be awarded for belongings, clothes and the cost of repairing a vehicle in traffic accidents.

A compensation claim over a fall can be a long drawn out process. It can also be a costly process if the claim is unsuccessful and the claimant has to pay legal costs. Legal advice should always be taken before making any type of compensation claim.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
Why not be the first to leave a comment for discussion, ask for advice or share your story...

If you'd like to ask a question one of our experts (workload permitting) or a helpful reader hopefully can help you... We also love comments and interesting stories

Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Topics
Latest Comments
  • Jazzjb46
    Re: Winter Fuel Payments for Pensioners Living Abroad
    I think it's disgusting that those that left the UK were still recieving payments of any kind.....…
    29 July 2020
  • Robinjr2
    Re: Learning for Free in Retirement
    Saw the interest in free courses online: search YouTube! Especially since lockdown there's a course on almost anything in…
    29 July 2020
  • Robinjr2
    Re: Learning for Free in Retirement
    U3a is nationwide and offers all kinds of educational and social activities at low cost: my art class is 50p per week, and…
    29 July 2020
  • Sue
    Re: Clubs to Join in Retirement
    I joined the U3A in Barnsley when I moved there after my husband died - best thing I ever did! I made new friends and got involved…
    24 July 2020
  • Steve
    Re: Clubs to Join in Retirement
    I am recently retired and looking for new friends. The present circumstances we find ourselves in with covid-19 doesn’t help. I…
    19 July 2020
  • Lady V
    Re: Clubs to Join in Retirement
    Widow young outlook ,73yrs old looking for company to share meals out or drinks Keen rugby league fan love holidays when can go…
    17 July 2020
  • Lady V
    Re: Clubs to Join in Retirement
    Widow young outlook ,73yrs old looking for company to share meals out or drinks Keen rugby league fan love holidays when can go again
    17 July 2020
  • Betty
    Re: Travel Concessions for Over 60s
    I am 71 semi retired very active would like to meet women companions about 60s-70s for travel home and abroad I live in…
    15 July 2020
  • Tony
    Re: Clubs to Join in Retirement
    HI I'm a 61 yo single male new to the Waterlooville area. Moved just prior to lockdown, so have been a bit of a prisoner, as now…
    2 July 2020
  • Katie.
    Re: Clubs to Join in Retirement
    Hi everyone Can’t find the replies section, do people ever reply. Thanks. Katie from Liverpool
    25 June 2020