Slip, trip and falling accidents are common and happen frequently in places of work and public spaces. These kinds of accidents can lead to a range of injuries with serious long-term consequences such as a loss of earnings, being unable to do things you once loved and even losing the ability to look after others.
If you have been involved in an accident that was not your fault on property owned by the council, a private individual or company, an employer or the local authorities, you may be entitled to make a personal injury claim for compensation. It is likely that you will have many questions; therefore, below is a summary guide on making a slips, trips and falls claim.
Common causes of slips, trips and falls claims
Slips and trips typically occur in places where the surface is wet or has less resistance. In workplaces, or other public areas, it could be caused by negligence when the floor has not been properly dried after cleaning.
Appropriate signs should be provided to indicate wet floors; therefore, a company could be liable for any accidents that happen as a result of not applying the correct safety procedures. Another common reason for falls in the workplace is work equipment or loose wires being left lying around by colleagues, posing a trip hazard.
By law, employers have a duty of care towards their employees. This duty of care extends to all employees, regardless of the nature of their job or whether they have a fixed or temporary contract with the employer. In simple terms, your employer is legally required to put specific measures in place to prevent accidents at work.
In public spaces, local councils have a duty of care to maintain roads, pavements, paths and all public highways to a reasonable standard. Potholes, uneven paving slabs, and loose cobbles are common causes of accidents. If the council fails to inspect a specific area or make repairs to reported issues within a specified period of time, you may be able to make a slip, trip and fall compensation claim if you’ve been injured as a result.
Slips, trips and falls are also common in places such as shopping centres and supermarkets due to the company’s negligence.
Injuries associated with slips, trips and falls claims
All types of accidents can result in serious and potentially life-threatening injuries. The severity of the injury typically depends on the nature of the accident. The most common types of injuries sustained after an accident include the following:
Broken bones – Broken legs, arms, shoulders and even hips can be sustained due to slips and falls. An accident can put a huge amount of force on your body that bones cannot withstand, resulting in painful bone fractures.
Spinal and spinal cord injuries – Spinal injuries can be very severe as they can cause life-changing injuries, including loss of mobility or paralysis.
Head injuries – Trauma to the head can be severe and can result in concussion or even long-lasting brain damage depending on the force of the accident.
Cuts and scrapes – You may endure cuts and scrapes as a result of your accident. The seriousness of these cuts can vary depending on where on your body they are located.
In addition to these physical injuries, you may also endure mental and emotional injuries, such as anxiety or depression, which can be just as debilitating. If you are suffering as a result of slip and fall injuries, you should consider claiming compensation.
What should I do following my accident?
Following an accident, you should seek medical attention from a medical professional as soon as possible to assess your fall injuries. You should also ask to receive a medical record which details the extent of your injuries.
After this, you should report the incident to whoever is in control of the premises. If the accident happened in your workplace, you should report the accident to the HR department and make an official record in the accident log book in your workplace.
If possible, you should obtain evidence of the fall and that it was due to negligence in the form of photographs. Also, take photographs of your injuries to prove the severity of them as they may be needed in your case. You should also obtain witness statements from anyone present at the time of the accident and get their contact details.
It is important to gather as much of this information as it may be required to strengthen your case for claiming trip or fall compensation. Contact Wildwood Legal today as our personal injury solicitors can provide more guidance on this evidence.
Slip and trips and falls claims: What can be recovered?
There are a variety of losses that can be recovered following an accident at work that was not your fault. Below are just a few examples:
Loss of income – If you were required to take time off work due to your injuries, you should be able to recover your loss of earnings for the full period of time you were unable to work.
Pain and suffering – The law considers the fact that there is a certain amount of trauma and pain that can be associated with accidents. Therefore, it has made a provision for injured persons to obtain compensation for the same.
Loss of amenity – You may be able to claim an amount of compensation for your loss of amenity. This refers to instances when your injuries have prevented you from participating in activities that you had previously taken part in and enjoyed.
A loss of enjoyment can directly affect your life and can lead to long term effects such as mental health issues like frustration and depression. There is a provision in the law that covers any loss of amenity resulting from an accident.
Other financial losses – Other financial losses which were directly caused by the accident, such as medical costs and travel costs, can also be recovered as part of a personal injury claim.
Slips, trips and falls claims: How will my compensation be calculated?
Personal injury compensation amounts are made up of two types of compensation; in legal terms, we call these general damages and special damages.
General Damages – This is the amount you will receive for your pain, suffering and loss of amenity. To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future or the costs of care provided to you. This amount includes:
· Loss of earnings
· Travel costs
· Costs of care and assistance
· Medical treatment costs
Time limits for making a personal injury claim
The general rule on the time limit for making a personal injury claim is that you have three years from the date of the injury to have either settled your claim or started court proceedings once the accident on the road has happened.
The three-year deadline begins on the date that the accident occurred or from the date on which you realised that your injuries were associated with your accident.
How much do slips, trips and falls claims cost?
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on a Conditional Fee Agreement (also known as a no-win, no-fee basis).
This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
How can Wildwood Legal help?
At Wildwood Legal, our core strength is in personal injury claims. We are experienced in helping Claimants make trips, slips and falling accident claims. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
We understand that it can be incredibly frustrating knowing that your injuries were caused as a result of someone else’s negligence and might have been completely avoided. Whilst compensation may not help the pain you have been put through; it may help with the financial burden you are faced with.
We value the opinion of our clients. We will always listen to you and take on board what you say. With 25 years of experience in personal injury law, we can help you with your claim. We always strive to put you at ease and explain the process clearly.
Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.
We are authorised and regulated by the Solicitors Regulation Authority.
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