A Guide to Claiming Slip or Trip Injury Compensation

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

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

Introduction

According to the the Health and Safety Executive (HSE), slip and trips accounted for 31% of the 555,000 non-fatal workplace injuries in 2018.

Insurance company research indicates that slips and trips are by far the most common accidents to cause injury, affecting both employees and the general public. Data from one insurer's policyholders indicates that 37% of accidents reported at work and 50% of injuries to members of the public involved slips or trips.

The panel of solicitors provide rehabilitation support and legal assistance to injured people throughout England and Wales.

Do I have a slip or trip injury claim?

As a basic rule, you will be eligible to make a slip or trip injury claim if your injury happened:

  • in the last three years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.

Find out whether you may have a claim with our Online Claim Checker:

Check my claim

What are the exceptions?

It may be that, for example, the accident happened more than 3 years ago, or that you were partly at fault. If so, you may still be able to make a claim.

To find out for sure, speak to a legally trained adviser on 0800 612 7456.

A short call will tell you exactly where you stand. We will never put you under pressure to start a claim.

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 slip or trip injury claim on their own behalf.

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

What if I don't know who was to blame?

You should contact a solicitor as soon as possible to discuss your options. Specialist lawyers have years of experience identifying the responsible party in cases where liability is uncertain.

Do I need a final diagnosis to make a slip or trip 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 slip or trip injury claim after an accident, the more likely your claim is to succeed.

Slip and trip injury claim time limits

Claims must usually be started within three years of an injury.

In some cases, the extent of an injury may not be immediately obvious, but it is uncommon for symptoms relating to a slip or trip accident to only appear after the three year time limit has passed.

In such cases where a person only becomes aware that they were injured as a result of a slip or trip once they are given a diagnosis, the three-year limit may apply from this date of knowledge. For more information, speak to a member of the Quittance team on 0800 612 7456.

How making a compensation claim can help you

The courts recognise that there can be serious and life-altering consequences to a slip or trip accident. Compensation can be awarded for:

  • Pain, suffering and loss of amenity arising from your injuries
  • Lost earnings if you have had to take time off work
  • Future loss of earnings if you are unable to return to work
  • The cost of medical treatment and future care relating to your injuries
  • Expenses such as travel costs to and from hospital

How we have helped others

We understand that many potential claimants have questions they would like to ask before starting their claim. Your solicitor is available to answer these and to discuss your options.

Helping people make successful compensation claims for slip or trip accidents, our specialist solicitors have acted for claimants injured in a wide range of environments including supermarkets, on pavements, public roads and other thoroughfares.

Compensation awards and settlements have been successfully negotiated for injuries including:

  • Wrist and arm injuries
  • Bruises and cuts
  • Sprained and broken ankles
  • Back and neck injuries
  • Slip Injuries arising from leaking and spilled fluids
  • Trips caused by discarded packaging
  • Falls and trips caused by poorly-maintained walkways

Your solicitors will take care of the legal work and negotiation so you can prioritise your recovery.

How much compensation can I claim for a slip or trip injury?

The amount of money you could claim for your slip or trip 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 slip or trip 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 slip or trip 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 serious shoulder injury can be £15,000

For a more minor wrist injury, in isolation, you would typically receive £2,900.

However, if you have a serious shoulder injury and a more minor wrist injury, you would typically receive £15,000 + a reduced percentage of £2,900.

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 slip or trip 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 slip or trip injury will depend entirely on your specific circumstances.

Your slip or trip 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.

See the injury table above for some examples.

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.

Slip or trip injury compensation calculator

Calculating how much compensation you can claim for a slip or trip 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 slip or trip injury claim could be worth now:

Calculate compensation

How long does a slip and trips claim take?

The length of time needed to get compensation for an injury can vary significantly.

For example, a straightforward liability accepted injury claim can settle in a few weeks. However, if liability is denied a compensation claim can take significantly longer. Usually, an injury claim will take 4 to 9 months. For more information, see:

How long will my claim take?

Will I still be able to claim for a slip or trip injury after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your slip or trip 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.

Who pays for this specialist help?

The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.

How long will the claims process take?

Many simple slip and trip cases are for relatively minor injuries and solicitors are able to reach an agreement on a settlement amount quickly.

It can take longer to negotiate more complicated matters, such as where the circumstances of the accident or the extent of the injuries are in dispute.

As the details of each case can vary considerably, it is not easy to predict how long a case will take at the outset. Accepting an early offer from the other side can resolve the claim quickly, but your solicitor may recommend holding out for a larger settlement.

The negotiation should not be prejudiced by urgent financial concerns such as rent or mortgage payment. An injured party may struggle to make their usual payments because they are out of work.

You are entitled to the maximum compensation your claim is worth and should not be cornered into accepting a lower offer because you have urgent bills to pay. For this reason, solicitors can usually secure interim compensation payments while negotiations are ongoing.

How likely is your claim to succeed?

Your claim is very likely to succeed if the other side has accepted that they are responsible for the accident.

If the other side has not admitted liability, or argues that you were partly to blame for your injuries, the likelihood of success may be lower.

Regardless of whether liability is accepted, you should do what you can to strengthen your case. Your solicitor will advise on a recommended course of action. These are some of the steps you can take:

  • if you have been injured at work, report the incident in your employer's accident book
  • if you have been injured in a public place such as a shop, report the accident to the owner, management or local authority
  • take photos of the scene of the accident
  • gather witness statements, including names and addresses

Even if some time has passed since the accident, it is worth considering the above and doing what you can to build a stronger case.

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?

No win, no fee removes the risk from making a slip or trip injury claim. If you don't win your claim, you won't have to pay your solicitor any legal fees.

No win, no fee promise

If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of making a slip or trip injury compensation claim.

What do I pay if I win my slip or trip injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once 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 slip or trip injury claim?

If your slip or trip injury claim is not successful then you won't have to pay your solicitor any fees. 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.

Read more about making a No win, no fee claim

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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Slip or trip 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 slip or trip injury claim?

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

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

Can I claim for a slip or trip 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 slip or trip injury compensation.

In reality, there are a number of factors that can affect whether a slip or trip 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