Pavement Accident Claims – How Much Compensation Can I Claim?

Trips and falls because of defects on pavements such as potholes, uneven paving slabs or exposed tree roots are fairly common and mainly lead to nothing more than cuts and bruises. However, some injuries can be much more serious and result in long-term suffering as well. In some cases, if you’ve tripped on the pavement and are injured because a business or the local authority has failed to maintain the pavement properly, you may be entitled to start a pavement accident claim to compensate you for your suffering.

As such, we’ve written this article on claiming compensation for a pavement accident to show you when you could have a claim and what you could claim for.

We specialise in personal injury claims and offer free legal advice if you’re thinking of making a pavement accident claim. During your free consultation, your case will be reviewed by a specialist advisor. They’ll go through what options you have and could introduce you to a personal injury solicitor if a claim is feasible. Should they represent you, they’ll do so on a No Win, No Fee basis. That should make the claims process less daunting as you won’t need to pay solicitor’s fees unless you receive a compensation payment.

We’re ready to review your claim right away so please feel free to call us on 0800 652 1345 today. If you’d rather learn more about claiming for injuries caused by pavement defects beforehand, please read on.

Am I Entitled to Compensation for a Pavement Accident?

You can claim compensation after a pavement accident if you can prove that your injury was caused by someone else’s negligence, such as a local authority or property owner responsible for maintaining the pavement.

As such, to successfully make a pavement accident claim, you typically need to prove the following:

• That the party responsible for maintaining the pavement was negligent in their duty of care.
• There’s clear evidence of a specific defect or hazard on the pavement that caused the accident.
• There’s a direct link between the hazard on the pavement and the injuries you’ve sustained.

Common Examples of Pavement Accident Claims

Common reasons for pavement accident claims include:

• Poor maintenance: Uneven or broken pavements, potholes, or loose paving slabs that have not been properly repaired or maintained.
• Obstructions: Debris, obstacles, or objects left on the pavement that cause trips or falls.
• Insufficient lighting: Poorly lit areas making it difficult to see hazards on the pavement.
• Icy or slippery conditions: Failing to clear ice, snow, or other hazardous conditions, particularly when it’s the responsibility of the local council or property owner.

Essentially, anyone injured in a pavement accident due to another party’s negligence may be entitled to compensation.

What Types of Injuries from Trips and Falls on Pavements Can I Claim For?

There are a lot of different injuries that could be sustained following a fall on the pavement so we can’t list each of them here. However, some of the more common that lead to compensation claims include:

• Ligament, tendon or muscle damage.
• Back injury.
• Sprained ankles.
• Fractured bones.
• Head injuries and concussions.
• Permanent scars.
• Cuts, bruises, lacerations and penetrating wounds.

These injuries can be serious enough for most people but they can be devastating for elderly and frail victims. As well as the physical pain these injuries cause, they cause psychological injuries as well such as distress and anxiety.

If you or a loved one has been injured because of a defective or broken pavement, please call today if you’d like to discuss your options.

What Evidence Do I Need for a Pavement Accident Compensation Claim?

There are several things you can do following a pavement accident to gather evidence. Some of these could help if you decide to take legal action for the injuries you’ve sustained. As such, you could:

• Report the accident: This is important because, by law, most accidents of this nature must be recorded in some sort of accident log book. Having a copy of the report would make it quite difficult for the defendant to deny that the pavement accident took place.
• Seek medical attention: Even if you are offered first aid at the scene of the accident, you should also visit your GP, a hospital or minor injuries unit. That way a medical professional will assess and treat your injuries properly. Later on, you could ask to be sent a copy of your medical notes or x-rays to help prove the severity of your injuries.
• Ask locals about the defect: It’s always a good idea to ask residents or business owners about the pavement defect. This could help to prove how long it was present before your accident occurred.
• Take photographs: Importantly, you should take pictures of the pavement defect that caused your accident. You will need to use a ruler or tape measure to show the scale of the defect. Remember, claims are typically only possible for problems that are taller or deeper than 1 inch so try to capture this in your picture.
• Ask any witnesses for their details: You’ll need to prove that the accident actually happened. One way to do this is to request contact details from anyone who saw you fall. They may be asked to provide a statement by your solicitor later on.
• Obtain camera footage: If the area where your accident is covered by security cameras, you’re within your rights to ask for a copy of the relevant footage. Act quickly here as recordings aren’t usually retained for longer than a month or so.
• Keep a diary: Finally, a diary can help you to keep track of how your injuries have affected you. For example, you could record any expenses you’ve had to pay for because of your injuries. You could also keep track of any time off work or social events you missed out on.

We are happy to review your evidence during your initial consultation. Whether you decide to proceed or not, you’ll benefit from free legal advice about your pavement accident compensation claim by calling today on 0800 652 1345.

What Is the Time Limit to Make a Pavement Accident Claim?

There are time limits that apply to personal injury compensation claims. Mostly, you’ll have 3-years to claim from the date you tripped or fell on the pavement. There are a few exceptions though including:

• Where a child is injured.
• If the claimant doesn’t have the mental capacity to claim themselves.

In these cases, the time limit will not apply and a litigation friend could be appointed to represent the claimant. If you decide to claim on someone else’s behalf, the claim will proceed as normal and you’ll handle all queries from the solicitor for the claimant. The litigation friend process will end if the claimant turns 18 years old or they recover the capacity to deal with the pavement accident claim themselves.

Whether you’re claiming for your own injuries or for someone else’s we’d suggest you start the claims process sooner rather than later. This will allow your solicitor plenty of time to gather evidence and you’ll also find it easier to recall what happened.

To check how long you’ve got left to make a claim, please call today.

How Much Compensation for a Pavement Accident Can I Claim?

There are usually two elements to a pavement accident claim that will determine how much compensation you should get. General damages are based on the pain your injuries caused and special damages are used to recover any costs incurred as a result of the accident. No two claims are identical but, in general, you could be compensated for:

• Your pain and suffering.
• Any loss of amenity. This is where you could claim if you can’t complete activities you usually enjoy because of your injuries.
• Any income you’ve lost due to your injuries. Additionally, you could claim for future loss of income if your injuries will affect you in the long term.
• The cost of adapting your home or vehicle if making changes will improve your quality of life after suffering permanent injuries.
• Travel expenses linked to your injuries.
• The cost of hiring a carer if needed. Alternatively, a value could be calculated for the time a loved one spent caring for you.
• Medical expenses or rehabilitation costs (such as physiotherapy).

All elements must be considered before you file your claim as you can’t request additional damages after you’ve agreed to settle. If you work with one of our personal injury lawyers, they’ll use their experience to try and ensure nothing is left out of your claim.

Will I Need a Solicitor to Claim Pavement Accident Compensation?

It’s fair to say that you don’t have to employ a solicitor to make a pavement accident claim. However, all of our solicitors offer a No Win, No Fee service for any pavement accident claims they work on.

That means you won’t pay any solicitors fees if your claim fails. If your claim is won, however, you’ll pay a success fee to cover the solicitor’s time and costs.

So that your solicitor can start working on your case quickly, you’ll both sign a Conditional Fee Agreement (CFA). This will formalise how your case will be funded. It will also tell you the percentage of your compensation that will be deducted as a success fee if you are paid compensation. Legally, this can’t be more than 25% of your settlement amount.

If you’d like to check if you could claim on a No Win, No Fee basis, please phone us or request a claim consultation on this page.

Pavement Accident Claims Frequently Asked Questions

Start a Pavement Accident Compensation Claim Today

If you’ve tripped on the pavement and decided that you’d like to be compensated for your suffering, please get in touch with a claims advisor today. One call to 0800 652 1345 is all you’ll need to find out whether you’ve got a chance of being compensated.

If we deem you’re entitled to compensation and a personal injury solicitor on our panel agrees to represent you, they’ll work on your case on a No Win, No Fee basis.

Thanks for reading this article about pavement accident claims. If you’d like to know anything else about the claims process, please use live chat to contact us.