Injury on a Night Out Compensation Claims
If your life, or the life of a loved one, has been affected by an injury we can help.
The purpose of this guide is to help anyone who has suffered an injury 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
injury on a night out compensation:
NHS statistics show that A&E admissions are measurably higher during the early hours of Saturday and Sunday morning. Injuries are often alcohol-related and may be the result of a criminal act.However, accidents can also occur due to negligence. In such cases, it may be possible to make a personal injury claim.
Liability for accidents on a night out
Under the Occupier's Liability Act, any person who occupies a premises such as a bar or restaurant could be held liable in an occupiers liability compensation claim when a visitor is injured. The liability extends to both the venue itself and any adjoining garden or car park.
Owners and occupiers of premises have a legal duty of care' towards their visitors. This means the occupier must do everything reasonably practical to keep visitors safe. Regular risk assessments should be carried out and adequate health and safety measures must be in place. If the owner or occupier fails to fulfil this duty, and a person is injured on a night out as a result, a claim is likely to succeed.
Can you claim if you were drunk?
A claim can often be made even if the injured person was drunk. This is often a factor in pub and bar injury claims.Premises must be suitable for their intended use and for intended users, which covers a wide range of considerations such as suitable barriers and handrails on raised platforms and stairs, and regular checks for spills on dance floors and in bathrooms.
If it is found that the drunk individual was partly responsible for their injuries, a spilt-liability claim may be made. The applicability of this route will depend on the facts of the case.
Some of the most frequent types of accident on a night out are slips, trips and falls. Common hazards which result in these include:
- Drink and food spillages
- Poor lighting
- Obstructions on the floor and stairs
These can result in a range of injures from sprains and bruises to broken bones and back problems. Other common injury claims include those for:
- Lacerations from broken glass
- Burns from hot plates
- Gastrointestinal illness (including food poisoning)
Do I have an injury on a night out claim?
AN injury on a night out injury claim should be possible if your injury occurred:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
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 an injury on a night out claim on their own behalf.
What if there is no evidence?
Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win an injury on a night out claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.
Can I make an injury on a night out claim right up to the three-year limit?
Technically, yes. However, in practice, not always. Many solicitors will not take on an injury on a night out claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.
Gathering evidence to support a claim
Evidence could include medical records, accident book reports, witness statements, photographs of the scene and injuries, and CCTV footage. Your solicitor will advise on what evidence would be useful in your case.
If negligence is proved and liability accepted, the owner or other responsible party should have insurance in place to cover compensation costs. If alcohol or other reckless behaviour was involved, the liable party may seek to prove contributory negligence, which may reduce the final sum.
Criminal injury on a night out
If an individual has been assaulted on a night out, or otherwise injured as the result of criminal activity, the injured person can make a claim compensation through the Criminal Injuries Compensation Authority (CICA). It is possible to pursue a claim with the CICA even if the identity of the assailant is unknown.
The amount of money you could claim for your injury on a night out 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 injury on a night out 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 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury on a night out? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for an injury on a night out claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an injury on a night out will depend entirely on your specific circumstances.
Your injury on a night out 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 get an interim payment?
Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.
Can I claim for prescription costs?
Special damages?are awarded for costs or losses incurred as a result of the injury on a night out injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?
Injury on a night out compensation
Calculating how much compensation you can claim for an injury on a night out 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 injury on a night out claim could be worth now:
How long does a personal injury claim take?
How long it can take to get compensation for an injury on a night out can vary considerably.
For example, a straightforward uncontested occupiers liability claim could be settled in a couple of months. If the negligent person or company denies liability, the process might take significantly longer. Usually, an occupiers liability claim takes between 6 and 9 months. For more information on how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your injury on a night out 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:
How does no win, no fee work?
Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if you do not winn your claim .
Our no win, no fee guarantee
Our no win, no fee guarantee means there is no financial risk in making an injury on a night out 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 injury on a night out claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my injury on a night out claim?
If your injury on a night out claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
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:
if you can claim
to start a claim
Injury on a night out 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.
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.
How long do I have to make an injury on a night out claim?
In general, you have a time limit of up to 3 years from the date of the injury on a night out to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury on a night out claim becomes 'statute barred'.
Can I claim for an injury on a night out 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 injury on a night out compensation.
In reality, there are a number of factors that can affect whether an injury on a night out claim will be taken on by a solicitor.
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.
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.
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.
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