Pavement trip claims

Pavement trip claims

For getting your life back on track

If you've found yourself nursing an injury after a trip on a pavement, you're not alone. Every year, countless people suffer from injuries due to poorly maintained or hazardous pavements. At Switalskis, we specialise in helping people navigate the process of making pavement trip claims. With a proven track record in securing fair compensation for our clients, we're the trusted name you can turn to.

We understand that a trip on a pavement might not be just a minor stumble; it can lead to significant physical pain, emotional distress and financial burdens. That's why we're committed to fighting for your rights and getting you the compensation you deserve to cover medical bills, loss of earnings and other related costs.

At Switalskis, we combine legal expertise with genuine compassion. We're not just about winning cases; we're about helping you regain control of your life after your accident. Contact us and take the first step towards compensation today.

Ready to get started with your pavement trip compensation claim? Give us a call on 0800 138 0458 , or contact us through the website to schedule an initial consultation.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

How Switalskis can help you

At Switalskis, we know that making a pavement trip claim can feel like a daunting task. The legal jargon, the paperwork and the uncertainty can be overwhelming, especially when you're already dealing with the physical and emotional toll of an injury.

That's where we come in. Our team of experienced solicitors is here to guide you every step of the way, from the initial consultation to the final settlement.

Here’s what you can expect from working with us:

  • We’ll handle every aspect of your case for you, helping you gather all of the necessary evidence and put together a strong claim. Our goal is to make the whole process as simple and stress-free as possible for you.
  • From our first meeting, we’ll work to understand the specifics of your case. This will allow us to tailor our approach to suit your unique circumstances and target the most relevant areas of law and maximise your chances of a successful claim.
  • You'll be updated regularly on the progress of your case, and we'll break down complex legal terms into plain English, so you're never left in the dark.
  • We operate on a no win, no fee basis, meaning you won't have to pay a penny unless we win your case. We want to make sure that quality legal representation is accessible to everyone, regardless of their financial situation.

We understand that time is of the essence in personal injury claims. That’s why our solicitors will always work diligently to resolve your case as quickly as possible, without compromising on the quality of your legal representation.

If you're looking for a legal team that combines expertise, compassion and a real commitment to your wellbeing, look no further. Switalskis is here to help you reclaim your life and secure the compensation you deserve.

Read what our clients had to say about the help they received from Switalskis

When can I make a pavement trip claim?

If you've tripped and fallen on a pavement, you might be wondering whether you have a valid claim for compensation. The criteria for making a pavement trip claim in the UK are quite specific, and it's essential to understand these to know if you have a case. You’ll need to be able to show:

  • That the pavement defect that caused you to trip measured at least one inch
  • That the accident was caused due to someone else's negligence
  • That you’ve received medical attention for the injury
  • That you have strong evidence to prove your claim

To discuss the specifics of your situation and get personalised advice, don't hesitate to reach out to Switalskis.

Who is liable for my pavement accident?

Determining liability in a pavement trip compensation claim is an important step, as it sets the direction for your entire case. Here's how to identify who might be responsible for your accident:

  • Local councils and authorities: in most cases, the local council is responsible for maintaining public pavements. If your accident took place on a public walkway and was due to poor maintenance, such as uneven surfaces or potholes, the local council would probably be liable.
  • Private property owners: if the pavement where you tripped is part of a private property, such as a shopping centre or a residential complex, the property owner or management company may be liable. They have a duty of care to keep the pavement safe for public use.
  • Utility companies: work carried out on pavements by utility companies can sometimes leave them in a hazardous condition. If your accident was caused by such work, the utility company could be held responsible.

Determining liability can be complex, and it's often where legal expertise is most needed. Switalskis can help you navigate this aspect of your claim and make sure the right parties are held accountable for their negligence. 

What are the main causes of pavement accidents?

Pavement accidents can happen for a variety of reasons, and understanding these causes is essential for making a successful claim. Here are some of the most common factors that lead to trips and falls on pavements:

  • Uneven surfaces: one of the most frequent causes of pavement accidents is an uneven surface. This could be due to poor maintenance, natural wear and tear, or substandard construction materials.
  • Potholes: potholes are not just a problem for drivers; they can also be a significant hazard for pedestrians. A pothole in a pavement can easily cause someone to trip and fall, leading to injuries.
  • Cracked or broken pavements: over time, pavements can crack or break due to various factors like weather conditions, heavy usage or lack of maintenance. These irregularities can easily cause someone to trip.
  • Slippery conditions: whether it's due to rain, ice or spilt substances, slippery pavements are a common cause of accidents. Local authorities and property owners have a responsibility to manage these risks.
  • Obstructions: items left on the pavement, such as rubbish, construction materials or even poorly placed street furniture, can pose a tripping hazard.
  • Poor lighting: inadequate lighting can make it difficult to see potential hazards on the pavement, especially during the evening or early morning hours.
  • Raised or missing manhole covers: a raised, uneven or missing manhole cover can be a significant tripping hazard, especially if it's not clearly marked.
  • Tree roots: in some cases, tree roots can grow under the pavement, causing it to lift and create an uneven surface, which can be a tripping hazard.

Understanding the cause of your accident is essential for establishing liability and making a successful claim. At Switalskis, we have the expertise to investigate the circumstances of your accident thoroughly and gather the necessary evidence.

What evidence will I need to make a pavement trip compensation claim?

The success of your pavement trip compensation claim will often depend on the quality of the available evidence. Here's what you might need:

  • Photographs of the accident scene: take clear photos of the area where you tripped, capturing the specific hazard such as a pothole, uneven surface or obstruction. If possible, use a ruler or another object for measurements and scale.
  • Witness statements: if there were any witnesses to your accident, their accounts could be invaluable.
  • Medical records: visit a healthcare provider as soon as possible after the accident to get your injuries assessed and documented. Medical records will serve as evidence of the injuries sustained from the trip.
  • CCTV footage: if the accident happened in an area covered by CCTV, this footage could be vital evidence. We can assist you in acting quickly to secure this, as many systems overwrite old footage.
  • Accident report: if your accident happened outside a business or public building, there may be a requirement for them to log it in an accident report book. Make sure this is done and request a copy. You should also report any accidents to the appropriate local authority or management company if the accident happened on a public walkway.
  • Financial documents: keep all receipts or records of expenses related to your accident, such as medical bills, travel costs to medical appointments, and any other out-of-pocket expenses.
  • Employment records: if you've had to take time off work due to your injuries, employment records can serve as evidence of lost earnings.

Gathering comprehensive evidence can be a complex task, but you don't have to do it alone.

What is the process for making a pavement trip claim?

Navigating the legal process of pavement trip claims can be daunting, but at Switalskis, we're here to guide you through each step. Here's how you can expect this process to go:

Step 1: Initial consultation

The first step is to get in touch with us for a free, no-obligation consultation. We'll discuss the details of your case, assess its viability, and explain your legal options. This is your chance to ask any questions you may have.

Step 2: Establishing your claim

Once we take on your case, we'll start gathering all the necessary evidence, from medical records to witness statements and photographs. We'll also identify who is believed to be liable for your accident.

Step 3: Notifying the defendant

After establishing the basics of your claim and gathering initial evidence, we'll formally notify the liable party of your intention to claim compensation. This is typically done through a letter of claim, outlining the details of the accident and your injuries.

Step 4: Negotiation

The defendant will have a set period to respond to the letter of claim. They may accept liability or they may dispute the claim. If they admit liability, we will gather the necessary evidence to value your claim and enter into negotiations. If they dispute it, we’ll gather evidence and build your case to prove liability.

Step 5: Court proceedings (where necessary)

If negotiations don't result in a satisfactory settlement or liability remains in dispute, we may advise taking the case to court. Rest assured, this is often a last resort, and the majority of claims are settled before reaching this stage.

Step 6: Settlement and compensation

Once liability is accepted, either through negotiation or court proceedings, we'll finalise the amount of compensation you're entitled to. This will cover not only your physical injuries, but also any financial losses and emotional suffering.

Throughout the process, we'll keep you updated and involved, helping you understand each step and what it means for your claim. We aim to make the process as smooth and stress-free as possible for you.

Is there a time limit for making a trip on pavement claim?

Time is of the essence when it comes to making a pavement trip claim. The standard time limit for personal injury claims, including pavement trip claims, is generally three years from the date of the accident. In some cases, the injuries sustained from the trip may not become apparent until some time after the accident. In such instances, the three-year time limit may start from the ‘date of knowledge’, which is the date you became aware of the injury.

However, there are some exceptions to this: for example, if the injured party is under 18, the three-year time limit doesn't start until their 18th birthday. For those who lack the mental capacity to manage their affairs, the three-year limit may be extended indefinitely.

Given these complexities, it's always best to consult a legal expert as soon as possible after your accident. The sooner you act, the easier it will be to gather evidence and build a strong case.

How much pavement trip compensation could I receive?

The amount of compensation you could receive for a pavement trip claim varies depending on several factors. These include the severity of your injuries, the impact on your quality of life, and any financial losses you've experienced as a result.

Here's a breakdown of what could be considered:

  • General damages: this covers the actual injuries sustained and their effect. 
  • Special damages: these are measurable financial losses, such as medical expenses, travel costs to and from medical appointments, and any equipment or home modifications you may have needed.

How are pavement trip claims funded?

At Switalskis, we aim to make the process as straightforward as possible when it comes to funding a claim for compensation. The most common way to fund a pavement trip claim is through a conditional fee agreement, commonly known as a no win, no fee agreement.

This means that if your claim is unsuccessful, you won't have to pay any legal fees. If you win, a portion of the compensation awarded will go towards covering the legal fees. This is usually a set percentage regardless of the amount of compensation and will be agreed upon at the start of your claim.

At Switalskis, we'll discuss all the funding options with you at the outset, so you can make an informed decision that suits your circumstances. We're committed to making sure that financial concerns don't stand in the way of you seeking compensation.

How long does the pavement trip compensation claims process take?

The timescale of a pavement trip compensation claim can vary depending on several factors. At Switalskis, we understand that you're eager to resolve the matter as swiftly as possible, and we're committed to completing the process as quickly as possible without compromising on the quality of your claim. Here are some factors that can influence the timeline:

  • The complexity of the case: simple cases where liability is admitted can often be settled in a matter of months. However, if the case is complex, involving multiple parties or severe injuries, it may take longer.
  • Medical assessments: time is needed to gather all necessary medical evidence. Some injuries may need long-term assessments to determine their full extent.
  • Settlement negotiations: sometimes, the negotiation phase can be lengthy, especially if the parties are quite far apart when putting forward offers for the compensation amount.
  • Cooperation from the other party: if the party responsible for the pavement's condition is cooperative and admits liability quickly, this can significantly speed up the process. However, if the other party is difficult to trace or obstructive, this can delay progress.
  • Court proceedings: if the case goes to court, this will inevitably extend the timeline. Court dates are subject to availability and can be delayed for various reasons.

At Switalskis, we'll keep you updated at every stage of the process, so you're never left in the dark. While we aim to resolve your claim as quickly as possible, our primary focus is on getting you the full compensation you're entitled to.

Can I still make a pavement trip claim if I was partially responsible for the accident?

Being partly responsible for your own accident doesn't necessarily bar you from making a pavement trip claim. In the UK, the concept of 'contributory negligence' allows for this. This means that even if you were, for example, failing to pay attention while walking or wearing inappropriate footwear, you could still be entitled to some level of compensation.

If it's determined that you were partially at fault, the compensation you receive may be reduced proportionally to your level of responsibility.

You should always be honest and upfront about the circumstances surrounding your accident, as this will help us build the strongest case possible on your behalf. Each case is unique, so it's essential to consult with our expert solicitors to understand your specific rights and options.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

Our pavement trip claim specialists

Photo of Louise Moore
Louise MoorePortal Co-ordinator
Photo of Kelly Homar
Kelly HomarSenior Associate Chartered Legal Executive
Photo of Robert Frost
Robert FrostChartered Legal Executive
Johanna CaineSolicitor
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Why Switalskis?

At Switalskis, we pride ourselves on offering more than just legal representation. We're here to guide you through the complexities of the legal system with a compassionate and straightforward approach. Here's why you should choose us for your pavement trip claim:

Clarity in complexity

Navigating the legal process of a trip on pavement claim can be daunting. We break down the jargon and provide clear, understandable advice at every stage. Our aim is to make the process as straightforward as possible for you.

Empathy at every step

We understand that a pavement trip can be a traumatic experience, affecting not just your physical wellbeing, but also your emotional health. That's why we approach every case with sensitivity and care, offering emotional support alongside expert legal advice.

Expertise you can trust

With years of experience in handling pavement trip compensation claims, our team of legal experts is well-equipped to secure the best possible outcome for you. We're experienced in the details of the law in this area, and we use this knowledge to build a strong case that maximises your compensation.

Championing your rights

We're not just here to win cases; we're here to champion your rights. Whether it's holding negligent parties accountable or fighting for a fair compensation amount.

FAQs about pavement trip claims

What are the council's responsibilities for pavements?

Local councils in the UK have a legal duty to maintain public pavements and keep them safe for use. This responsibility is set out in various UK laws and regulations, including the Highways Act of 1980. A local council is required to regularly inspect pavements, identify any hazards and take timely action to fix these issues.

Failure to do so can be considered negligence on the part of the council. As such, if you've tripped and fallen due to a poorly maintained pavement, the local council could be held liable for your injuries. It's important to note that the council must have been aware of the defect, or should have been aware through regular inspections for them to be held responsible.

Local councils also have a duty to clear the pavements in severe weather conditions, such as snow and ice, to keep them safe for public use. However, the extent of this responsibility can vary depending on local policies, and the severity of the weather conditions.

What are the most common injuries suffered from trips on pavements?

Trips on pavements can result in a variety of injuries, ranging from minor scrapes to more severe and life-altering conditions. Here are some of the most common injuries people suffer from such accidents:

  • Sprained ankles: one of the most frequent injuries, often caused by tripping over uneven surfaces or stepping into potholes.
  • Broken bones: wrists, arms and hips are particularly vulnerable, especially when people try to break their fall.
  • Cuts and bruises: these are common, especially on the hands, knees and elbows, as people instinctively try to catch themselves when they trip.
  • Head injuries: falling forward can sometimes result in head injuries, which can be particularly severe. Concussions are not uncommon.
  • Back and spinal injuries: the impact of the fall can jar the spine, leading to long-term back issues or even spinal injuries.
  • Facial injuries: these can include anything from minor scrapes to broken teeth or more severe facial fractures.
  • Knee injuries: falls often result in twisted or sprained knees, and in more severe cases, torn ligaments.
  • Soft tissue injuries: muscles, ligaments and tendons can be stretched or torn during a fall, leading to longer-term issues like chronic pain.
  • Dislocations: shoulders and other joints can be dislocated on impact, meaning they will need immediate medical attention.

Understanding the type and severity of your injury is vital when making a pavement trip claim, as it directly impacts the amount of compensation you could be entitled to.

What are the types of personal injury claims?

Personal injury claims come in various shapes and sizes, each with its own set of rules, challenges and considerations. At Switalskis, we've got the expertise to handle a wide range of personal injury claims. Here's a quick rundown of the various types of personal injury claims we can help you with:

Find out how Switalskis can help you

If you've suffered from a pavement trip due to someone else's negligence, you may be eligible for compensation. Switalskis has extensive experience in dealing with pavement trip claims, and we'll provide the expert legal advice you need to achieve and receive the compensation you deserve.

To begin the claims process, call Switalskis today on 0800 1380 458 . Alternatively, you can contact us through the website to learn more about how we can assist you.

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