Falls claims

All of us have fallen over at some point in our lives. In most situations it is our fault and usually due to a lack of care and attention.

Falling over is something that we have done as children but less so as adults unless we participate in sports or outdoor activities. In these situations we accept the risks associated with doing so and take ownership for it.

A fall results in an injury which can range from mild through to serious or even life threatening. In most cases this eases without any ill effects but there are people who become severely incapacitated as a result.

If this happened to you due to a fall which was not your fault then consider making a claim for compensation.

Common types of falls

These include falling over an object, from a height or through contact with another person or inanimate object.

Falls within a public or commercial property

If your fall occurred in public or commercial premises, and there was insufficient care taken to ensure your safety then there may be grounds for compensation.

The owners of a public or commercial building have a responsibility to the people within it. This includes their employees and members of the public. This is known as a ‘duty of care’.

A duty of care means that they have taken reasonable steps to ensure that any risks to the general public are minimised. This includes health and safety guidelines and other similar precautions.

But if someone falls from a height whilst on their premises and is seriously injured or even killed as a result then the owners may be liable.

However, there are several factors to take into account which include:

  • The presence of any signs or instructions to the public warning them about the potential danger.
  • Whether the injured person was legally entitled to be on the premises.
  • The age of the injured person, e.g. a child

These will be factored into the initial assessment of a compensation claim. These and other factors will have some bearing upon the likely outcome of a claim.

The onus here as with any type of personal injury claim is whether there was negligence or not. If it can be proved that your injury occurred due to a lack of duty of care by the owners of these premises then a claim can be made.

Effects of an injury caused by a fall

The consequences of a fall can be more widespread than originally thought. A fall from a great height may cause an injury which is so severe that it becomes a permanent disability.

Sadly, some falls are fatal.

In either case this can have a traumatic effect upon the injured person and their family. Not only are there the physical effects to deal with but the psychological and emotional ones as well.

It is not uncommon to experience feelings of frustration, anger and depression after this type of accident.

Plus there is also the fact that your fall may have resulted in you taking time off work which results in a loss of earnings and possibly pension rights as well.

If it has led to a disability then your home may need modifying to cope with this. You may need specialist care and support –possibly on a 24 hour basis, regular medication and treatment. There may be additional costs as well such as travel to hospital, specialist aids etc.

A compensation payout can cover the cost of these and reduce any financial stress caused by your fall.

Making a claim for compensation for a fall

Search for a personal injury lawyer, solicitor or claims management firm who have experience in handling these claims. They will have expertise and understanding of any issues surrounding your claim as well as the effects it has had on you and your family.

Your claim should be dealt with sensitivity and compassion.

Compensation claims can be complex and time consuming affairs but your lawyer or solicitor will be able to guide you through the process. He or she will discuss any issues related to your claim and keep you updated as regards the progress of your claim.

For more information visit our making a claim for compensation section.

Time limit for claiming compensation for a fall

Personal injury claims usually have a 3 year time limit.

If you want to pursue a claim then be sure to do this within 3 years of the date of your fall.

Your lawyer or solicitor will advise you further about time limits for compensation claims.

Personal Injury Guide

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