By Jo Anderson. Last Updated 3rd November 2023. Welcome to our guide to claiming for a personal injury on private property. In it, we discuss making a claim for being injured on someone’s property, answering questions such as ‘can you sue someone for falling on their property?’ and ‘are you liable if someone falls on your property?’ Liability for injury on private property can be complex. Whether you’re enquiring about car accidents on private property or slips, trips and falls, this guide could help.
Owners of private property are not necessarily exempt from liability to a certain degree if someone gets injured on their land including those who are trespassers. If an accident causing injury has occurred, depending on the circumstances, the injured party may qualify to make a compensation claim.
If you have been injured whilst on private property and are unsure as to whether you have a chance to claim compensation for your suffering, give us a call at Accident Claims UK on 0800 073 8801 and we will do our best to help you.
Select a Section
- When Could I Make A Private Property Injury Claim?
- Time Limit For Claiming For Injuries On Private Property
- Private property personal injury claims calculator
- How Can I Prove A Personal Injury Claim Following An Accident On Private Property?
- Private Property Personal Injury Calculator
- No Win No Fee Private Property Injury Claims
- Useful Links
When Could I Make A Private Property Injury Claim?
The Occupiers’ Liability Act 1958 (OLA) sets out the duty of care owed by those in control of public spaces. This legislation states that the controller of the space must take steps to ensure that the property is reasonably safe for visitors.
If the person in control of the space fails to take these steps, and you are injured as a result, you may be able to make a private property injury claim.
Further on in this guide, we’ll explore the evidence that you will need in order to form the basis of a valid claim and how one of our solicitors could help. Read on to learn more, or get in touch today to get started.
Time Limit For Claiming For Injuries On Private Property
If you’re eligible to make a claim for compensation for an injury on private property, you will not have unlimited time to do so. Under the Limitation Act 1980, there is typically a three-year period within which you must launch your claim.
However, there are some exceptions to this. For example, if a child suffers a personal injury on private property, they will not be able to make a claim until they reach adulthood. Therefore, the limitation period would pause until they turn 18. During this time, however, a litigation friend could start a claim on the child’s behalf. Should no claim be filed, and the child turns 18, they could make their own claim, and they would have three years from their 18th birthday to do so.
The limitation period is suspended indefinitely for those who lack the mental capacity to make a claim on their own. A litigation friend could act on their behalf. Should the person regain this mental capacity, they will have three years to begin their claim from the recovery date if one was not already made for them.
To learn more about how long you may have to file your personal injury claim, please contact an advisor.
How Can I Prove A Personal Injury Claim Following An Accident On Private Property?
If you have sustained an injury whilst on private property, first and foremost you should seek medical care to examine and treat your injury. Once you have done this, you then may consider taking legal action for compensation. There are a number of things you can do, even in the early stages of making a claim, to start building your case, such as:
- Photos – Take photos of your injury as early on as possible to give evidence of the severity of the injury sustained and provide visual proof of the pain and suffering you have endured. If you can obtain any photographic or CCTV footage of the accident taking place this could also be useful in supporting your claim.
- Witnesses – If there were any witnesses to you sustaining your injury, take down their details so that you may obtain a statement at a later date. Witness statements serve to back up your own statement of truth regarding the circumstances of your claim.
- Medical Record – As already mentioned, certainly see a medical professional to check and treat your injury. Aside from a health point of view, a medical report will provide documentation of your injury, the treatment you have received and any long term prognosis.
- Diary – Keep a diary of everything that has occurred in relation to sustaining your injury including the amount of pain and emotional distress you may be experiencing.
- Contact a reputable personal injury claims firm to discuss your case and also to hire to conduct your compensation claim on your behalf as making a personal injury on private property claim can be a very complex process and by using an experienced law firm you have a better chance of success.
Private Property Personal Injury Calculator
If you are eligible to claim for a personal injury on private property, you may be wondering how much you could receive.
Successful claims for personal injury compensation could result in a payout comprising general damages and special damages being awarded. General damages is a head of claim that compensates you for the suffering and pain you’ve endured because of your injuries and is awarded to all successful claimants.
Those who value your personal injury claim may refer to the Judicial College Guidelines (JCG). This provides guideline compensation brackets for a range of injuries at different severities, and can be used to help value general damages. You can see some examples from the 16th edition of the JCG below. However, these figures should only be used as guidance.
| Reason for Compensation | Average Award Amount | Comments |
|---|---|---|
| Very Severe Brain Damage (a) | £282,010 to £403,990 | Some response may be seen but responses to environment will be non-existent, little or no language function, double incontinence and full time medical care needed. |
| Moderate to Severe Brain Damage (b) | £219,070 to £282,010 | The claimant will be extremely disabled physically with mental impairment also. The claimant will need constant full time care and be very dependent on others. |
| Moderate Brain Damage (c) | £150,110 to £219,070 | The higher end of the payment scale will be for those who are permanently physically and mentally impaired, reliant on others, needing carers and large risk of developing epilepsy. At the lower end of the payment scale, will be for those where concentration and memory are impaired, the ability to work is reduced, small chance of developing epilepsy and slightly dependant on others. |
| Less Severe Brain Damage (d) | £15,320 to £43,060 | Some recovery expected enough to join in socially and be able to work, however, problems still exist such as mental and concentration problems and not all normal functions totally restored which may all affect quality of life and lifestyle overall. |
| Neck Injuries (a) (i) | In the region of £148,330 | Injuries involving incomplete paraplegia or spastic quadraparesis. |
| Severe Back Injury (a) (i) | £91,090 to £160,980 | Disc lesions or fractures or vertebral bodies or soft tissue injuries leading to chronic conditions where, despite treatment (often involving surgery), disabilities remain such as on-going severe pain and discomfort, impaired agility, reduced sexual function, depression, personality change, unemployability and the risk of arthritis. |
| Leg Injury – Severe (b) | £96,250 to £135,920 | Short of amputation but serious enough to attract awards at this level, including devolving injuries. |
| Arm Injury -Severe (a) | £96,160 to £130,930 | Short of amputation but as severe as if the arm was lost. |
The table does not include special damages. Special damages is the head of claim that would compensate you for costs and losses caused by your injuries. This could include:
- Medical expenses, such as prescriptions
- Travel costs to and from appointments
- Loss of income
- Care costs, such as the cost of hiring a cleaner or childcare
You will be required to submit evidence that your injuries caused these costs and losses. For example, you could provide payslips to show any lost income, or receipts to show any travel costs.
If you would like to learn more about making a personal injury claim, please contact an advisor. They can answer any questions you might have about the claims process, and could evaluate your claim for free.
No Win No Fee Private Property Injury Claims
One of our No Win No Fee solicitors may be able to help if you’ve been injured on private property and are eligible to make a personal injury claim. Starting a claim can seem daunting, and you might not know where to start, but one of the benefits of working with a solicitor is that they can help guide you through the process. Our solicitors have years of experience and are experts in personal injury law.
They also offer their services on a No Win No Fee basis. This means you could claim compensation for an injury on private property without paying any upfront fees or costs to your solicitor for their work. Similarly, you won’t be asked to pay a fee for their work if your claim fails. This is because our solicitors work under a kind of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
If your claim succeeds under this kind of agreement, then your solicitor will take a success fee. This fee is capped by law and is taken directly from your compensation as a small percentage.
To find out if you are eligible to work with one of our solicitors on a private property injury claim, contact our team today by:
- Calling us on 0800 073 8801
- Contacting us online.
- Using the live chat feature.
Useful Links Relating To Can You Sue Someone For Falling On Their Property
If you’re still wondering ‘are you liable if someone falls on your property?’ the guides below could give you further insight.
- Landlord Compensation Claims
- Occupiers Liability Act 1957
- Health and Safety at Work Act
- Slip, trip, falls claims guide
This is a guide giving you more information about slip, trip and fall claims if you have suffered one of these common accidents on private property. If you’re wondering ‘are you liable if someone falls on your property’ this could help.