Fall Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a fall injury we can help.

The purpose of this guide is to help anyone who has suffered a fall 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 fall injury compensation:

Introduction

According to Health and Safety Executive statistics, 5,952 employees were injured in a fall from height between 2013 and 2014. 2,895 of these falls resulted in serious injury.

Falls from height are among the most common causes of serious accidents at work. Falls are also a frequent cause of injury among elderly people involving in accidents in public places, and people undertaking DIY projects around the home, including ladder accidents.

Man on ladder

Do I have a fall injury claim?

You should be able to make a fall injury claim if you sustained an injury:

  • within the last three years, and;
  • another person 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 fall 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 fall 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 fall injury claim after an accident, the more likely your claim is to succeed.

What if the other party denies liability?

If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your fall injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.

Identifying who is responsible for injuries caused by a fall from height?

Falls at work

If the fall occurred at work, your employer will likely be responsible under law. The Work at Height Regulations 2005 is a key piece of legislation in this context.

Employers have a legal obligation to ensure that all staff are properly trained to complete their duties; that they have the necessary tools and equipment to get the job done; and that the equipment provided is safe to use.

Falling from height should only occur if the correct safety procedures have not been followed, but even if the breach results from the negligence of a co-worker rather than inadequate procedures, it is the employer who will be held liable for the accident and subsequent injury.

Falls in shops and other public places

Falling while at commercial premises, such as a shop, can be the result of poorly maintained fixtures and fittings or failure to highlight any potential dangers such as spilt liquids. The shop's owner or operator will have public liability insurance to cover compensation in the event that a successful claim is made.

If you suffer a fall from height in a public area such as a park, the local authority or entity responsible for maintenance of the park could be held responsible. Provided that you were using the space in the way in was intended to be used (e.g. holding a handrail rather than hanging off it), a claim can usually be made.

Falls at home

If the accident happened at home, proving liability can be more difficult. Falls that occur as the result of a broken ladder or other defective product may be easier to prove, with the broken item itself being a key piece of evidence, unless the defective nature of the item was clear before it was used. Claims against building contractors can also be made in the event that poor-quality work results in injury.

How much compensation can I claim for a fall injury?

The amount of money you could claim for your fall 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 fall 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 fall 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 back injury can be £95,000

For a less severe leg injury, in isolation, you would typically receive £7,200.

However, if you have a severe back injury and a less severe leg injury, you would typically receive £95,000 + a reduced percentage of £7,200.

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 fall 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 fall injury will depend entirely on your specific circumstances.

Your fall 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 see the complete judicial college tables?

The table above (excerpted from the Judicial College Tables) shows the most common fall injury claims. To see the complete list see: Judicial College Injury Tables.

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.

Fall injury compensation

Calculating how much compensation you can claim for a fall 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 fall injury claim could be worth now:

Calculate compensation

How long does a fall claim take?

How long it can take to process a fall claim can vary considerably.

A simple liability accepted injury claim can settle in a couple of months. However, if liability is denied the process might take substantially longer. Normally an injury claim takes between 4 and 9 months. For more information, see: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your fall 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 win, no fee means that your solicitor will not charge you anything at all if your fall injury claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.

Our no win, no fee promise

Our no win, no fee guarantee means there is absolutely no financial risk in making a fall 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 fall injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. 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 fall injury claim?

If your fall injury 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.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

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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Fall 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 fall injury claim?

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

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

Can I claim for a fall 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 fall injury compensation.

In reality, there are a number of factors that can affect whether a fall 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