Falling Object Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a falling object accident we can help.

The purpose of this guide is to help anyone who has suffered a falling object accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming falling object injury compensation:

Introduction

Accidents involving falling objects can occur in a variety of situations, from a pedestrian being struck by falling signage to a factory worker knocked down by unstable boxes. In such situations, if the object fell due to negligence from a third party, the person affected could be entitled to compensation.

Injuries from falling objects can be significant, ranging from cuts, bruises and concussion to fractures and serious head, neck and back injuries. If a person has suffered medical and financial losses as a result, receiving compensation can help the rehabilitation process.

High shelves

Do I have a falling object injury claim?

As a basic rule, you will be eligible to make a falling object injury claim if your injury occurred:

  • in the last three years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
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Injury claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a falling object injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

Do I need a diagnosis to make a falling object injury claim?

If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a falling object injury claim after an accident, the more likely your claim is to succeed.

How common are accidents involving falling objects?

Numerous falling object accidents happen in public places or private residences every year. However, a large majority of serious accidents of this type occur in the workplace.

According to a Health and Safety Executive (HSE) report informed by RIDDOR statistics (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), around one in ten major/specified injuries in the workplace were caused by being ?struck by a moving object' during 2013/14.

Within this, manufacturing was the industry with the highest number of reported injuries.

The definition of ?struck by a moving object' includes objects falling from: structures such as ladders, buildings and mine shafts; lifting machinery, vehicles and other equipment; any other specified or unspecified way.

Who is responsible for falling object accidents?

In a workplace setting the responsibility for accidents lies with the employer and/or site manager. Employers are governed by a number of regulations which should ensure the health and safety of their employees.

Regulations include, amongst others:

The legislation contains relevant provisions such as:

  • Providing risk assessments, adequate safety measures and staff training
  • Preventing or stopping objects from falling, which could include attaching ties or safety lines, placing suitable guards or safety mesh below, using exclusion zones, storing objects safely, using covered platforms, only placing equipment at height that is absolutely necessary
  • Providing suitable Personal Protective Equipment (PPE) such as safety helmets and hard hats

The employer's duty of responsibility extends from the employer to the public if the work setting presents a risk to pedestrians or those nearby. An example would be an accident involving an item falling from a scaffold or ladder and injuring a member of the public.

For other accidents involving falling objects in another public or private setting, responsibility lies with the owner of the land or property. This could be a shop keeper whose sign fell onto a passer-by or a building owner where something dropped from a window or balcony.

How much compensation can I claim for a falling object injury?

The amount of money you could claim for your falling object injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your falling object injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a falling object injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a severe head injury can be £34,000

For a more minor arm injury, in isolation, you would typically receive £4,000.

However, if you have a severe head injury and a more minor arm injury, you would typically receive £34,000 + a reduced percentage of £4,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for a falling object injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a falling object injury will depend entirely on your specific circumstances.

Your falling object injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Can I claim for prescription costs?

Special damages?are awarded for costs or losses incurred as a result of the falling object injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?

Falling object injury compensation

Calculating how much compensation you can claim for a falling object injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your falling object injury claim could be worth now:

Calculate compensation

How long does a falling object injury claim take?

How long it can take to get compensation for a falling object accident can vary significantly.

For example, a straightforward liability accepted public place or work accident claim could be settled in a few weeks. If the defendant denies liability, a compensation claim can take longer. Typically, an accident claim will take 6 to 9 months. Read more: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your falling object injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee, no risk

Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay whatsoever if your claim is not successful.

No win, no fee promise

Our no win, no fee guarantee means there is zero financial risk in making a falling object injury claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my falling object injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my falling object injury claim?

If your falling object injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

Can I get Legal Aid?

Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. falling object injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Falling object injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a falling object injury claim?

In general, you have a time limit of up to 3 years from the date of the falling object injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your falling object injury claim becomes 'statute barred'.

Can I claim for a falling object injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim falling object injury compensation.

In reality, there are a number of factors that can affect whether a falling object injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert