Pavement accident compensation claims

What are the main causes of trips on pavements?

If they're not properly maintained, pavements can be a hazard. The consequences of tripping and falling on an uneven, damaged or hazardous path can sometimes be very serious, especially when there are fast-moving vehicles nearby.

Typical causes of trips on pavements in public include:

• Uneven kerbs or paving slabs
• Damaged pavements caused by vehicles or tree roots
• Incorrectly laid paving
• Hazards such as road signs or drain covers
• Poor maintenance of pavements and footpaths

It's easy to think a fall is your own fault, but measures should be taken to make sure pavements are safe for use. If your slip, trip or fall was caused by any of the above and you suffered an uneven pavement injury, don't hesitate to get in touch with our friendly advisors for free impartial advice.

Don't see your accident here? Don't worry, we may still be able to help - call us on and we'll let you know whether you have grounds to claim compensation for falling on the pavement.

What are the council's responsibilities for pavements?

There are a number of things that the relevant authority must do to keep members of the public safe. Here are some of the council's responsibilities for pavements:

• Having a system in place to regularly check roads and footpaths for defects - busier roads and footpaths require more regular inspection than roads which are used less frequently
• If defects are found, acting within a reasonable time to repair them
• Acting on any complaints received about a road or footpath within a reasonable time
• Signposting any hazards or dangers

For free, impartial advice about your trip or fall, get in touch with us on . We'll be happy to answer all your questions and help you understand whether you could make a no win no fee accident on a pavement claim against the council.

What are the most common injuries suffered after a trip on uneven pavement?

Often, people assume that slips, trips and falls cause minor injuries - but these accidents can cause serious harm. Here are some of the most common injuries suffered in a trip or fall:

• Broken or fractured bones, such as hips, arms, and legs
• Sprains, such as ankles or wrists
• Spinal injuries, such as slipped discs
• Head and brain injuries, including fractures and haemorrhage
• Nerve damage, such as tears and compression
• Dislocations, such as shoulders
• Ligament and/or tendon damage, including partial and full tears
• Cuts, scrapes and bruising

If you've experienced any of these injuries due to an accident that wasn't your fault, you may be able to make a pavement trip compensation claim. If you don't see your injury here, don't panic as we may still be able to help you. Call for free advice on claiming damages from the council or other body responsible for the damaged pavement.

Am I entitled to claim compensation for falling on a pavement?

You may be feeling unsure about whether you could make a claim after you fell or tripped on broken pavement. Often with slips and trips it can be difficult to tell straight away if an accident was somebody else's fault.

We believe that if an accident feels wrong, it probably is. The best way to find out whether you could make a pavement accident claim is to get in touch with our personal injury advisors for free on .

We'll never rush or pressure you into making a claim. We're here to offer impartial advice, to let you know whether you can claim and to help you understand the claims process. Then, we leave you to decide whether you'd like to go ahead. 

On your call, we generally advise that you can make a claim if:

• Your accident happened in the last three years
• It was somebody else's fault
• You were injured as a result
• The raised slab, pothole or other pavement defect is at least 2.5cm in size

You can also try our online claim checker, which quickly tells you whether you can make a pavement trip compensation claim based on your answers to a few simple questions.

Do I need to provide evidence of my fall?

Providing as much evidence and information as possible will help your personal injury solicitor build a strong case for you. We recommend photographing the area of pavement that caused your injury as soon as you can, taking pictures from various angles to showcase the extent of the defect. It may be worth taking a tape measure with you and placing this next to the defect in the photograph to demonstrate the size of the pothole, raised slab or hazard.

As well as photographic evidence, it's useful to provide the following to your solicitor:

• Contact details of any witnesses
• The location, time and date of your accident
• The injuries you suffered as a result of your fall, including photos if possible
• The medical treatment you received for your injury, including the ward, hospital or doctor's surgery where you were treated
• Any costs incurred due to the accident, such as travel expenses to the hospital

It's wise to collect as much information and evidence as possible before you start your claim, as this will make the process quicker and easier.

How do I make a claim for pavement tripping injuries?

The first step to making pavement accident compensation claims is to get in touch with our friendly, personal injury advisors on . They'll ask you a few questions about what happened and the injuries you suffered as a result of your slip, trip or fall. They'll then let you know whether they think you have grounds to make a claim and offer advice on the next steps.

It's completely up to you whether you want to go ahead and make a claim. Rest assured that we'll never pressure you into claiming - you can decide at your own pace. If you would like to start the claims process, we'll pass you onto a specialist personal injury solicitor.

They'll explain the claims process in detail so you know exactly what will happen. They'll also chat with you about whether they can take your case on a no win no fee basis. If so, they'll agree on the amount for legal fees they'll deduct from your overall compensation figure if your case is successful.

Your solicitor will then begin gathering evidence for your case and starting the claims process by getting in touch with the authority at fault.

Is there a time limit for pavement accident claims?

Yes - typically, pavement accident claims must be made within three years of the incident. If you're close to the three-year limit, we recommend you get in touch with us on as soon as possible while you still have time to make a claim.

While the majority of pavement accident claims need to be made within three years, there are some exceptions to this rule. For example, if the injured person has a serious brain injury that means they're unable to make a claim, there is no time limit. In addition, if the injured person is a child under the age of 18, a claim can be made by their parent or guardian at any time until their 18^th birthday. After this, they can make their own claim any time up until their 21^st birthday.

Can pavement accident claims be made on behalf of someone else?

Depending on the circumstances, you may be able to make claims against the council for pavement-related injuries on behalf of a loved one. For instance, you can claim on behalf of your child if they were injured and under the age of 18.

You may also be able to claim on behalf of an injured person who's suffered head or brain trauma, or someone who has a pre-existing medical condition which means they are unable to make a decision themselves. The Mental Capacity Act 2005 is in place to protect vulnerable parties and help people establish when a person lacks the capacity to make their own decision.

Sadly, sometimes falls on the pavement can be fatal. If your loved one has died due to an accident that wasn't their fault, we understand how difficult it can be to cope. While we can't take back what happened, we can help you to claim compensation which may relieve some of the financial pressure you're facing.

How much compensation can I get for tripping or falling on pavement?

There is not a simple answer to this question. How much compensation you'll get for tripping on a pavement depends on the severity of your injuries and how they've affected your life.

Your specialist pavement accident solicitor will calculate the amount of compensation you're entitled to by looking at a number of factors. This includes the financial impact your injury has had (special damages), as well as the injury itself and the effect this has had on your life (general damages).

The solicitors we partner with use the 15th edition of the Judicial College Guidelines to assess potential awards. The Judicial College works within Ministry of Justice regulations and the rules set out by the HM Courts and Tribunals Service.

To establish the right amount of compensation, your solicitor will look at things such as:

• Any income you've lost if you were unable to work due to your injury, as well as any future income you may lose
• Any costs you or your loved ones have incurred, such as hospital parking, treatment, travel or adaptations to your home
• The pain and suffering your accident caused
• The impact the injury has had on your life, such as the inability to take part in hobbies
• The psychological and emotional impact of your injury

These are some of the factors that your solicitor will take into consideration when calculating the right amount of compensation for your case. If you're not ready to chat to us about your accident yet but would like a rough idea of how much your claim may be worth, head to our compensation calculator. In a few simple steps it will give you an estimated compensation figure - however, it's important to note that this may differ from the final amount you are awarded if your case is successful.

The general damages you receive will be calculated from the Judicial College Guidelines, which sets out amounts to be awarded by type and severity of injury. The below table includes some of the common injuries that people suffer after tripping on pavement.

Can pavement accident claims be done on a no win no fee basis?

Absolutely. The majority of our pavement accident claims can be made on a no win no fee basis. This means that if your case is unsuccessful, you won't pay a penny in legal fees. At the start of your case, your solicitor may discuss taking out specialist insurance for you that will cover any costs should you lose your case.

If you win your case, your solicitor will deduct a set percentage of the overall compensation figure as their fee. This will be agreed upon with you before they start work on your case, so there are absolutely no hidden costs to worry about.

In rare circumstances, no win no fee may not be possible, but your solicitor will let you know if this is the case straight away so you can decide whether you'd like to go ahead.

Sue's story

When Sue suffered a fall that wasn't her fault, she contacted us to help her make it right.

“The money that came through was a big help financially, because we did get in problems with rent, council tax, and some of that actually paid it all off. “

How can pavement trip compensation help?

After being injured due to a trip on a pavement, you may have had to take time off work. This can add financial pressure to an already stressful situation - something you shouldn't have to deal with at such a difficult time.

On top of this, your uneven pavement injury may have left you unable to carry on with your hobbies, and it's likely to have affected your social life. Being stuck at home after an injury can be hard to cope with - but compensation can help you get your independence back.

If you decide to make a pavement accident claim, we'll choose the right specialist solicitor to deal with your case. They'll consider all the impacts of your injury, and they'll work hard to make sure you receive the full amount of compensation you're owed.

Get in touch with us for free on . Or, if you'd prefer, you can fill in our secure online form to arrange a call back.