By Jo Anderson. Last Updated 12th January 2024. Welcome to this case study surrounding personal injury claims payouts for a pavement trip causing an uneven pavement injury. We look at someone’s experience when suing a council for an uneven pavement accident. Plus, we explain more about how much compensation for tripping on a pavement could be appropriate. If you’re seeking compensation for tripping on a pavement, we could assess your case. We could also explain what could impact compensation for tripping on a pavement or tripping on a sidewalk.
In this guide to pavement accident claims and pavement accident compensation after tripping on pavement we give a case study. Trips and falls can be common, and when they happen, they can also be embarrassing, not to mention painful for the person who has fallen. Sadly, here in the UK, pavement maintenance is not always kept up with, and if it isn’t and you’re injured because of it, then you may not be aware that you can go about claiming for a pavement fall.
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- Pavement Trip – A Case Study
- Can I Make A Pavement Trip Claim?
- Time Limit For Pavement Trip Claims
- Evidence For Pavement Accident Claims
- How Much Compensation For Tripping On The Pavement Could You Receive?
- No Win No Fee Pavement Accident Claims
- Useful Links Relating To Personal Injury Claims Payouts for A Pavement Trip
Below, you can find a figurative case study to help you understand how to seek a compensation claim payout for a pavement trip and what a settlement following a successful case could include.
A woman received £29,000 for a claim against the local authority.
The woman fractured her leg when she tripped on a broken paving stone that had been reported by many people to the local authority, but no steps had been taken to address the hazard. As a result, she needed care at home while she recovered from her injury and was unable to work temporarily. She used the services of a personal injury lawyer and claimed compensation on the basis that the council was negligent in making the pavement safe for her to use.
The council admitted liability in this case, and the woman’s solicitor was able to negotiate for a £29,000 compensation payout to cover her pain, suffering and loss of amenity, as well as her care costs and additional expenses.
It is important to note that not every payout for a pavement trip claim is the same. The woman’s case was assessed under its own unique factors and circumstances. If you were to make a successful claim for a similar accident, the compensation you receive would be based on the circumstances of your case.
To learn more about the factors involved in determining compensation for a pavement trip injury, please contact an advisor.
If you tripped and fell on an uneven pavement, and suffered an injury, you might wonder whether you could claim compensation. There are certain eligibility criteria your claim must meet to be considered valid:
- Someone must have owed you a duty of care.
- They must have breached their duty of care towards you.
- The breach must have caused your injury.
Those in charge of public spaces owe members of the public a duty of care to make those places safe to use for their intended purpose as far as reasonably possible. This is outlined under the Occupiers’ Liability Act 1957. For example, they should perform regular risk assessments to identify any hazards, such as raised paving slabs.
Should they fail to adhere to this duty of care, this could cause you to become injured, and you may be eligible to make a personal injury claim.
To see whether you may have a valid case, or to learn more about pavement accident claims, you can contact our advisors.
There is a time limit that you must start your personal injury claim within. As stated under the Limitation Act 1980, generally, you will have three years to start your claim from the date you were injured when you tripped and fell on an uneven pavement.
However, there are certain cases where exceptions would apply to this limitation period. For example, for those who lack the mental capacity to make their own claim, the time limit will be frozen indefinitely. During this time, a litigation friend could file a claim on their behalf. Should no claim be made, and the person regains this mental capacity, they will have three years to start their own claim running from the recovery date.
For those under the age of 18, the time limit is frozen until their 18th birthday. During this freeze, a litigation friend could act on their behalf. If no claim has been started by their 18th birthday, they will have three years to begin their own claim.
For more information regarding the time limits for pavement accident claims, you can get in touch with our advisory team.
If you tripped and fell on an uneven pavement, and you are eligible to make a personal injury claim, you will need to provide evidence to support your case.
The evidence you will be able to gather would depend on the facts and circumstances of your case. Generally, the below types of evidence could be useful:
- Medical evidence – This could be a copy of your medical records, for example, that state the injury you suffered and its required treatment.
- Video footage, such as CCTV footage or photographs of the accident scene.
- Witness details – If anybody has witnessed the accident, it could be a good idea to take their contact details. This is so a statement could be collected from them at a later date.
- Evidence of financial losses– If you have suffered financial losses or costs due to your injuries, documents such as receipts, bills, and bank statements could be useful in supporting a claim for special damages.
To learn more about the evidence that could support your pavement trip claim, please contact an advisor.
Settlements for successful pavement accident claims will include general damages to compensate for your pain and suffering and the impact the injuries have had on your quality of life.
When a legal professional is valuing this head of your pavement trip claim, they may refer to the figures found in the Judicial College Guidelines (JCG). This document provides compensation guidelines for various injuries. Some examples of guideline payouts from the 16th edition of the JCG can be found in the table below. However, this is only to be used as guidance. Your compensation would depend on the unique circumstances of your case.
It should also be noted that the top entry of this table does not appear within the JCG.
|Type of Injury
|Multiple serious injuries plus financial losses
|Up to £100,000+
|A multitude of serious injuries causing suffering, pain and financial losses, such as lost earnings and medical expenses.
|(b)(iii) – Serious
|£39,200 to £54,830
|Serious comminuted or compound fractures or ligament or joint injuries that cause instability and treatment that is prolonged.
|(b)(iv) – Moderate
|£27,760 to £39,200
|Severe crush injuries that can be to one limb only or multiple leg fractures.
|£17,960 to £27,760
|Serious soft tissue injuries or fractures where an incomplete recovery is made.
|Less Severe (c)
|£19,200 to £39,170
|Despite disabilities that are significant in nature, a substantial amount of recovery will be made.
|£6,610 to £19,200
|Forearm fractures that are simple in nature.
|Less Severe (b)
|£15,650 to £32,010
|Injuries that cause functional impairment but do not cause significant disability or require major surgery.
|£13,740 to £24,990
|Metatarsal fractures that are displaced causing continuing symptoms.
|Up to £13,740
|Bruising or twisting injuries as well as lacerations. This can cause continuous discomfort or aching.
In addition to general damages, you could receive compensation for out-of-pocket expenses caused by your injuries. This head of claim is known as special damages. It could include compensation for:
- Medical expenses, such as prescription costs.
- Travel expenses.
- Loss of income.
- Care costs.
You will need to provide evidence of these losses with documents such as payslips and bank statements.
To get a personalised estimate of how much your claim could be worth, please contact an advisor.
Now we have covered how much compensation for tripping on a pavement you could receive if your claim succeeds, you might be wondering how working with a solicitor could benefit your claim.
If you’ve tripped and fell on uneven pavement and you’re eligible to claim, one of our solicitors may offer to take on your case under a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee Arrangement, which means you won’t have to pay the solicitor for their work either upfront or throughout the progression of your pavement trip claim.
Instead, once your claim is concluded, they will deduct a small percentage of your compensation as a success fee. Should your claim be unsuccessful, under a CFA, you will not have to pay your solicitor for their work on your claim.
To learn more about suing the council for an uneven pavement injury, or to find out whether a No Win No Fee solicitor could help you, please contact an advisor.
We do hope that you now have all that you need to go ahead and make that call to start your claim, but if not, you might want to do a little reading. Below, we have scoured the web to find you some information that might prove relevant to your case.
- Local Authority Claims: Claims against the council can be complex. Our guide should assist.
- NHS broken leg information: You can find injury information here that might help you.
- GOV information on pavement repairs: This page from the government might also help but it is advisable to get information from a lawyer so you get the level of compensation you deserve.
- Ankle Injury Compensation Claims Guide: Raised pavements can lead to tripping, which could cause ankle injuries. If your ankle was damaged, read our guide on what you could claim.
- How Much Compensation Can I Claim for a Leg Injury?: Leg injuries can mean taking absence from work, but you could claim for this if the accident was down to a third party.
- Back Injury at Work Compensation Claims Guide: Did you fall on poorly maintained paving at work and hurt your back? Take a minute to look into what you could claim.
Thank you for reading our guide to pavement accident claims and pavement accident compensation after tripping on pavement. This case study on personal injury claims payouts for a pavement trip could prove useful if you’ve suffered such an injury.