Understanding Your Legal Rights After a Public Fall
Suffering an accident in a public place isn’t something any of us aspire to do when waking up in the morning. Not only can a public injury be painful and lastingly impactful, but it can also be a humbling, indignifying experience. This makes it all the more important that you understand your rights as a UK citizen in the event of such an injurious event.
Falls are amongst the most common cause of accidental injury in the UK, and disproportionately impact those above the age of 65 for some simple reasons relating to fitness and mobility. However, these reasons don’t absolve those institutions that that have duty of care over you in a public place. What, then, is there to understand about your legal rights after a fall?
Identifying Responsibility: Who Is Liable for Your Accident?
In the unfortunate event that you do suffer a slip, trip or fall in a public place, it is crucial that you find out the responsible party for the accident in question. This is a question easier answered by going to the root of your injury.
If you tripped on a loose pavement slab, for instance, and suffered a serious head injury as a result of your fall, your local council would be the liable party on account of not having properly maintained public walkways. If, however, you are on private land, or in a business premises at the time of the fall, then it may be a private business that becomes liable.
Gathering Evidence: Building a Strong Case
After your fall – either immediately after, if you are well enough to do so, or after your discharge from medical treatment –, you should endeavour to collect as much evidence as you can around the fall and its circumstances.
This evidence can take a few different shapes, from photographs of the scene of the accident to interviews and eyewitness testimony from those present at the time of the fall. You may also be able to request CCTV records covering the fall, if a camera happens to cover the area where you fell. Finally, any medical reports relating to injuries sustained after the fall will be invaluable for your case.
Understanding the Claims Process
By ‘case’, here, we are of course referring to the civil claim you will be filing against the liable party. Trip and fall accident claims can seek compensatory remuneration from the liable party, where compensation is calculated from the severity of your injury, the various costs incurred as a result of the injury and the mental anguish suffered.
In order to start this process, you must visit a solicitor with a specialism in personal injury within three years of the accident itself; bring along the evidence you’ve gathered, and the solicitor will ascertain whether or not you have a case. From here, compensation can be calculated, and a letter before claim sent to the liable party with all information set out.
This is where most claims end, as the liable party will either agree to the compensation or set out their own terms for settlement. In some rare cases, the party may dispute the claim, at which point the claim goes to court.
