Can I Claim Compensation for a Fall on the Street?
Lets face it, most of us have tripped and fallen over at one time or another. Now, while this may be highly amusing to our friends and other bystanders, it can be extremely painful. Falls are a common cause of injury, and they can happen anywhere, including on the street. If you have fallen on the street and been injured because of negligence on the part of a third party, you may be wondering if you can claim compensation. The answer is yes, but a lot will depend on the circumstances surrounding your fall.
Within this blog, we will take a look at some of the main reasons why people trip while on the street and what you need to do if you are injured and feel it wasn’t your fault.
Table of Contents
- What are the most common causes of falls on the street?
- Who is responsible for falls on the street?
- Can I claim compensation for a fall on the street?
- What evidence do I need to support my claim?
- How do I make a claim for compensation?
- What Sort of Things Can I Claim Compensation For?
- How long will it take to settle my claim?
- Seek Legal Advice
What are the most common causes of falls on the street?
There are many different things that can cause a fall on the street, but some of the most common include:
- Uneven surfaces: This could include potholes, cracks in the pavement, or raised kerbs. A good example of this is if a paving slab is broken or raised causing you to trip or fall and injure yourself.
- Slippery surfaces: This could be caused by rain, ice, snow, or oil spills. Walkways should be regularly maintained and cleared especially during periods of inclement weather. Failure to do this can put pedestrians at risk of injury through trips and falls.
- Poor lighting: A badly lit road or footpath can make it difficult to see hazards on the ground and navigate your way around them safely. Trips and falls due to poor lighting are probably not as commonplace as those associated with uneven or slippery surfaces, however, they can be just as serious.
- Obstacles: When litter, traffic cones, or broken railings are left on pathways, it can create hazards for anyone using them. If you trip over an obstacle that shouldn’t be there and injure yourself, you could well be entitled to claim compensation.
Who is responsible for falls on the street?
Liability for falls on the street will depend on who is responsible for maintaining the surface where the fall occurred. In general, local authorities are responsible for maintaining public roads and pavements. If maintenance is not carried out properly, or damaged paving is not replaced or repaired and you sustain an injury, you could be eligible to make a council compensation claim.
However, private landowners may also be responsible for maintaining the surface of their property, such as if there is a walkway leading to their business and as such could be liable for any accidents that occur on their property if they have been negligent when it comes to maintenance.
Can I claim compensation for a fall on the street?
Yes, you can claim compensation for a fall on the street if you can prove that someone else was negligent and that their negligence caused your fall. This means that you will need to show that the person responsible for maintaining the surface where you fell did not take reasonable steps to keep it safe.
For example, if you fell on a pothole that the local authority knew about but had not repaired, you may be able to claim council compensation. However, if you fell on a pothole that you were not aware of, it is unlikely that you will be able to claim compensation.
What evidence do I need to support my claim?
If you are considering making a claim for compensation for a fall on the street, it is important to gather as much evidence as possible to support your claim. This could include:
- Photographs of the scene of the fall, including any hazards that may have caused you to fall.
- Witness statements from anyone who saw you fall or who can help to corroborate your story.
- Getting medical attention as soon as possible, even if your injuries seem minor is imperative as this will help highlight your injuries and the cause of your fall. Medical records are extremely useful when it comes to evidencing any claim for compensation.
- Receipts for any expenses you have incurred as a result of your fall, such as medical expenses, travel expenses, or lost earnings.
Always remember, the more evidence you can provide the better the chance your claim has of being successful. So, if you are injured as a result of a fall that wasn’t your fault, make sure you collect as much evidence as possible to help support your claim.
How do I make a claim for compensation?
If you have decided to make a claim for compensation for a fall on the street, you should contact a personal injury solicitor. They will be able to advise you on your legal rights and options and help you to make a claim. Over the years, the team here at Tylers have assisted numerous people who have tripped and fallen to make successful claims for personal injury compensation.
When you use our services you will not be required to pay anything upfront as our fee will be taken from your compensation settlement. If your claim is unsuccessful, it will not cost you a penny. If you have been injured in a slip or fall due to the negligence of the local council or a private landowner, call the expert team at Tylers today on free phone 0800 699 0079.
What Sort of Things Can I Claim Compensation For?
The amount of compensation you can claim will depend on the severity of your injuries and the impact they have had on your life. In general, you can claim for:
- Pain and suffering.
- Loss of earnings.
- Medical expenses.
- Travel expenses.
- Future losses.
How long will it take to settle my claim?
The length of time it takes to settle a claim for compensation for a fall on the street will vary depending on the complexity of the case. However, most cases are settled within a few months to a year. While there is no specific length of time it takes to settle a claim for personal injury compensation, one thing you must be aware of is that claims have to be submitted within 3 years from the date of your accident.
Seek Legal Advice
If you have fallen on the street and been injured, you may be able to claim compensation. However, it is important to seek legal advice to ensure that you have a valid claim and that you are claiming for the full amount of compensation you are entitled to. To start your council compensation claim, contact Tylers Solicitors on 0800 699 0079 or via our online contact form!