What Public Liability Claim Payout For An Accident In A Garden Could I Get?

In this guide, we’ll discuss how compensation is calculated for injuries you experienced while out in public caused by an accident in a garden. If your injuries occurred because a third party breached the duty of care owed to you, then you may be eligible to claim. First, we will examine how personal injury compensation is calculated. Then we will provide more information about the eligibility criteria you must meet in order to claim.

Sun shining down on a path covered in trees in the garden

In addition to explaining the relevant time limits and useful evidence to collect, we’ll discuss No Win No Fee solicitors. You may be able to work with one of our solicitors using an arrangement that means you don’t have to pay for their services if your claim fails.

Keep reading to find out more about making a personal injury claim for injuries sustained in a public garden. In addition to this resource, our advisors are available 24 hours a day to give you free advice. If they feel you have a valid claim, they may also be able to put you in contact with one of our solicitors. However, there is no pressure to begin a claim, so find out more today:

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What Public Liability Claim Payout For An Accident In A Garden Could I Get?

If your public liability claim succeeds, you could receive compensation that includes payouts for two different aspects of harm caused by an accident in a garden. These payouts, or heads of claim, are called general damages and special damages.

The first, general damages, is intended to compensate the injured person for pain and suffering they experienced due a breach in the duty of care a third party owed them. In the following section, we’ll tell you more about this topic. For now, it is worth explaining that solicitors can get assistance calculating how much a claimant could receive by turning to the Judicial College Guidelines (JCG).

The JCG is a publication that contains compensation brackets for different forms of injury a person could experience. These injuries are organised by type and severity. However, the brackets found within this document are only intended as a set of guidelines. This is because the JCG cannot account for the unique circumstances that may affect a compensation award.

Please use the following table to get an estimate of how much compensation you might receive in general damages. For a more personalised estimate, though, contact our team.

Table Of Compensation Brackets

Injury Severity Guideline Compensation Bracket Notes
Brain Injury Very Severe (a) £282,010 to £403,990 Little if any meaningful response to the environment, with award taking into consideration the individual’s life expectancy, their degree of insight, and other factors.
Brain Injury Moderately Severe (b) £219,070 to £282,010 Individual is seriously disabled. Substantial degree of dependence upon others.
Knee Injury Severe (a) (i) £69,730 to £96,210 Injury that involves disruption of the joint, lengthy treatment, development of osteoarthritis and other features.
Knee Injury Severe (a) (ii) £52,120 to £69,730 Fracture extending into knee joint. Causes constant pain, movement limitation or impaired agility.
Hand Injury Serious Damage to Both Hands (b) £55,820 to £84,570 Injuries that lead to serious and permanent disability and significant loss of function in both hands.
Hand Injury Serious (e) £29,000 to £61,910 Injuries that reduce hand capacity to about 50%.
Foot Injury Severe (d) £41,970 to £70,030 Fractures of both heels or feet with significant pain and disability.
Neck Injury Severe (a) (iii) £45,470 to £55,990 Injuries that cause fractures, dislocations, or severe damage to soft tendons. These result in severe permanent disability.
Neck Injury Moderate (b) (i) £24,990 to £38,490 Dislocations or fractures that cause severe, immediate effects. Can also include serious soft tissue injuries to neck and back.
Shoulder Injury Severe (a) £19,200 to £48,030 These injuries involve damage to the brachial plexus resulting in significant disability.

What Else Could You Claim?

You could also be eligible to receive special damages. The award aims to help you recoup out-of-pocket costs incurred because of your injuries. Under this head of claim, you could receive a payout to help you reclaim:

  • Medical costs, such as physiotherapy
  • Travel costs, such as parking fees from attending medical appointments
  • Present or future loss of earnings

To receive this head of claim, you must provide evidence regarding your financial losses. For instance, this could take the form of bus tickets, bills, and payslips.

For more information about compensation for an accident in a public place, speak to our advisors. You can use the contact details above.

Criteria To Claim For A Public Place Accident In A Garden

Now we have provided some information about personal injury compensation payouts, it is worth considering the criteria that make you eligible to begin a claim.

Firstly, a piece of legislation called the Occupiers’ Liability Act 1957 (OLA) determines that the individual or party in control of a public space, called the ‘occupier’, owes a duty of care to members of the public who are using the space for its intended purpose. Under this law, the occupier must take steps to ensure your reasonable safety while you are in the space.

To illustrate, you may be eligible to claim for an accident in a garden when you can show the occupier breached the duty of care they owed you. For instance, in a public walking garden, there are tree roots that have torn up the pavement. As a result, you trip over, causing hand and knee injuries.

Briefly, you may be able to claim when you can demonstrate:

  1. An occupier owed you a duty of care
  2. This duty was breached
  3. Due to the breach, you sustained an injury

Together, these elements constitute negligence. If an occupier is negligent, you may be able to make a claim against them. Speak to our advisors if you would like to discuss the merits of your potential claim.

How To Prove Your Garden Accident Claim

Evidence is an important aspect of proving negligence contributed to your accident in a garden. For instance, you could:

  • Request CCTV footage that shows the incident occurring
  • Take the contact details of anyone who witnessed the incident
  • Take pictures of the accident site and your injuries
  • Request copies of your medical records

It’s worth noting that if our advisors feel your claim is valid, they could put you in contact with one of our solicitors. These individuals have years of experience helping people collect evidence for claims. To find out more about your eligibility to claim, contact our team using the details above.

What Injuries Could You Get During An Accident In A Garden?

An accident in a garden might cause different forms of injury. These could range from sprained ligaments to injuries that cause life-altering consequences. For instance, you could suffer:

Contact our advisors to find out more about the merits of your potential claim. They can provide a more personalised estimate of the compensation you may be eligible to claim for your injuries.

Why Contact Accident Claims UK About A No Win No Fee Claim?

If our advisors feel your claim is valid, they may be able to put you in touch with one of our solicitors. In turn, this professional can offer their services under the terms of a No Win No Fee agreement called a Conditional Fee Agreement (CFA).

Under this kind of No Win No Fee agreement, you do not have to pay a solicitor’s ongoing service fees while your claim proceeds. Likewise, if your claim is unsuccessful and you are not awarded compensation, you would not have to pay your solicitor for the services they have provided.

On the other hand, if your claim is successful and you are compensated, your solicitor will deduct a small success fee from this award. This fee is capped by the Conditional Fee Agreements Order 2013.

Talk To Our Team

If you were injured during an accident in a garden while out in public, our team of advisors can answer questions you may have about the process of starting a claim. If your circumstances make you eligible to claim and you wish to proceed, our team could also put you in contact with one of our solicitors. Learn more today:

Learn More About Public Liability Claims

Below we have collected some useful resources for you to read:

Elbow Injury Compensation Amounts Guide

How To Claim Compensation For Tripping On A Pavement?

How To Claim Compensation For Slipping On Ice Or Snow

Some external web pages:

When To Go To A&E – NHS

Vision And Mission – Royal Society for the Prevention of Accidents (RoSPA)

When To Call 999 – NHS

If you were injured in an accident in a garden and want more information about starting a personal injury claim, contact one of our advisors today using the information above.