In this guide, we discuss when you could be eligible to make a personal injury claim following a public accident in which you sustained harm and the evidence you could gather to support your case.
Additionally, we discuss the duty of care owed to you in a public place and how a breach of this could cause you to sustain harm in an accident.
Furthermore, we look at the compensation that could be awarded to address the injuries you have sustained and the way in which they have impacted you.
We conclude our guide by explaining how working with a solicitor from our panel under the terms of a No Win No Fee agreement could help you and the services they could offer.
If you require any further information, please don’t hesitate to contact an advisor. They could assist you by answering any questions you have regarding your potential public liability claim. To get in touch, you can:
- Call on 0113 460 1216
- Contact us about your potential claim online.
- Speak with an advisor via the live chat function below.
Jump To A Section
- When Are You Eligible To Claim For A Public Accident?
- What Evidence Could Help You Claim For A Public Accident?
- How Could An Accident In A Public Place Be Caused?
- Potential Compensation From A Public Accident Claim
- Make A No Win No Fee Public Liability Claim
- Learn More About Claiming For Accidents In Public Places
When Are You Eligible To Claim For A Public Accident?
The party in control of a public space owes members of the public a duty of care to take steps to ensure their reasonable safety as per the Occupiers’ Liability Act 1957. If there is a failure to do so, and this causes a public accident in which you sustained harm, you might wonder whether you could make a personal injury claim.
In order to have valid grounds to pursue personal injury compensation, you need to provide evidence that demonstrates the following:
- The party in control of a public space owed you a duty of care.
- This duty was breached.
- You experienced physical harm, a psychological injury, or both as a result of the breach.
Additionally, you should ensure you start your claim within the relevant time limit. For personal injury claims, you generally have three years from the accident date to begin legal proceedings. This is outlined in the Limitation Act 1980. However, some exceptions could potentially apply.
If you have any questions about the eligibility requirements for public liability claims or how long you have to initiate proceedings, please contact an advisor on the number above.
What Evidence Could Help You Claim For A Public Accident?
There are several pieces of evidence you could gather to support your claim for a public accident that caused you to sustain an injury. Evidence can help demonstrate that the party in control of a public space breached the duty of care they owed you, and that this breach led to you sustaining an injury. It can also provide an insight into the injuries you experienced.
As such, when making a claim you might benefit from gathering:
- CCTV footage showing the incident.
- The contact details of any witnesses.
- Copies of medical reports, such as X-ray scans and hospital admission notes.
- Photos of your injuries and where it happened.
- A diary that details the physical and psychological symptoms you experienced as well as any treatment you received.
If you call our team on the number above, they can offer a free consultation and assessment of your case. If they find that you have valid grounds to proceed and that your claim has a chance of succeeding, they could connect you with one of the solicitors from our panel. Our panel of solicitors have experience handling claims for a public accident and offer services such as gathering and collating evidence to build a strong case. Find out more about how they could help by calling the number above.
How Could An Accident In A Public Place Be Caused?
There are several ways a public accident could occur leading to a member of the public sustaining an injury. For example:
- A fall, trip or slip could be caused by a wet floor that had no clear warning signs in a supermarket. This could lead to someone sustaining a broken wrist injury.
- A shop sign may have been installed incorrectly leading to it coming loose. Despite reports about the hazard, no steps are taken to address it. As a result, the sign falls and strikes a customer leaving the shop causing them to sustain a head injury.
- Due to a faulty handrail in a shopping centre, a customer falls down the stairs and sustains a broken leg.
It’s important to keep in mind that not all public place accidents will have resulted from a breach of duty. As such, it is not always possible to begin a personal injury claim.
To discuss your specific case and find out whether you could have grounds to pursue compensation for injuries sustained in a public accident, call our team on the number above.
Potential Compensation From A Public Accident Claim
After a successful personal injury claim for a public accident, you will receive compensation for the pain and suffering caused by your injuries under general damages. General damages is one of the heads of loss that will form your overall payout.
To value general damages, legal professionals can consult the the Judicial College Guidelines (JCG) which lists injuries varying in severity with corresponding guideline award brackets.
Additionally, you might be invited to attend an independent medical assessment as part of the claims process. The medical report produced from this assessment could be used alongside the JCG when assigning a value to your injuries. You won’t need to organise this yourself.
Compensation Table
Please find a selection of figures from the JCG in the table below. However, these are only to be used as a guide because settlements can vary depending on the unique circumstances of your case.
Injury Type | Severity | Guideline Compensation Brackets | Notes |
---|---|---|---|
Head | (b) Moderately Severe | £219,070 to £282,010 | A very serious disability leading to substantial dependence on others as well as the requirement for full time care. |
Leg | (b) Severe (ii) | £54,830 to £87,890 | Very serious injuries resulting in permanent mobility issues. |
Back | (a) Severe (iii) | £38,780 to £69,730 | Disc lesions or fractures or fractures of vertebral bodies or soft tissue injuries causing chronic conditions. |
Pelvis | (b) Moderate (i) | £26,590 to £39,170 | Significant pelvic and hip injury. If there is any permanent disability caused, it won't be major. |
Arm | (c) Less Severe | £19,200 to £39,170 | Significant disabilities but with a substantial level of recovery which has either already happened or is expected to happen. |
Elbow | (b) Less Severe | £15,650 to £32,010 | Impaired function but no major surgery or significant disability. |
Ankle | (c) Moderate | £13,740 to £26,590 | Less serious disabilities from fractures and tears to the ligaments or other similar injuries. |
Knee | (b) Moderate (i) | £14,840 to £26,190 | Injuries that accelerate symptoms from a pre-existing condition over a prolonged period. |
Shoulder | (b) Serious | £12,770 to £19,200 | Shoulder dislocations and lower brachial plexus damage causing shoulder and neck pain. |
Claiming Special Damages From Accidents In Public Places
Special damages is the second head of loss that could form your overall settlement for a successful public accident claim. This compensates for the financial losses incurred due to your injuries. For example:
- Loss of earnings.
- Travel costs.
- The cost of adjustments needed to your home.
- Medical costs.
- Domestic care costs.
It is important to remember that in order to claim special damages, you need to show evidence that prove the costs. As such, you should keep hold of receipts, wage slips and invoices.
For further guidance on how compensation payouts for public liability claims are calculated, call our team on the number above.
Make A No Win No Fee Public Liability Claim
If you are eligible to begin a public liability claim for a public accident in which you suffered an injury, you may find it beneficial to instruct a solicitor to assist you. The solicitors on our panel offer helpful services, such as sending correspondence on your behalf and ensuring your case is put forward within the time limit applicable.
Additionally, they work under the terms of a No Win No Fee agreement called a Conditional Fee Agreement (CFA). This usually means you won’t pay for the services they provide or the work completed on your claim at the following times:
- At the start of your claim.
- While your claim continues.
- If your claim is unsuccessful.
Following a successful claim outcome, your solicitor will take a percentage of your compensation as their success fee. However, the percentage has a legal cap applied to it ensuring you keep the majority of your settlement.
To find out more about working with a No Win No Fee solicitor and how they could assist you claiming compensation for a public accident. Alternatively, if you have any other questions regarding your eligibility, they can offer further guidance. To reach them, you can:
- Call on 0113 460 1216
- Contact us about your potential claim online.
- Speak with an advisor via the live chat function below.
Learn More About Claiming For Accidents In Public Places
You can read more of our guides below:
- Find out if you could begin a public liability claim for compensation after an accident in a supermarket caused you to sustain an injury.
- Read our helpful guide on personal injury claims against the local council and the steps involved in seeking compensation.
- Learn if you could make a claim following an accident on public transport in which you became injured.
For more external resources:
- An informative first aid guide from the NHS.
- Learn whether you could be eligible to receive statutory sick pay with this government guide.
- Find out about the fall prevention campaign from the Royal Society for the Prevention of Accidents.
Thank you for reading our helpful guide on when you could be eligible to claim for a public accident and the evidence you could provide in support of your case. If you have any other questions, please contact an advisor on the number above.
Writer Jeff Wallow
Editor Meg McConnell