Accidents in Public Places

It is important to remember that just because you have had an accident which isn’t your fault you are not automatically entitled to compensation. For example, councils are not expected to keep every road and pavement perfect at all times; that would be impossible. Similarly, occupiers of public buildings such as restaurants and bars are not expected to keep their premises free from spillages, debris etc at all times either. Both are only expected to do what is deemed reasonable.

In order to be successful with a claim it must be possible to show that the person or organisation responsible for the place where you were injured was negligent – in other words that they did not meet their duty of care. For example, it must be shown that the defect that caused the accident was significant enough to require a repair. It must also be shown that the defect was known about but not fixed, or that it should have been known about if there had been an adequate programme of inspection.

If the party who caused your accident failed in their statutory duty then you may be eligible for compensation for any injury you have suffered, even if you have not received any medical treatment for the injury. As specialist injury lawyers, Jackson Boyd will be able to advise you if this is the case.

It is impossible to answer this question at the outset of a claim, as it is dependent on so many inter-linked factors, including the severity of your injury (and whether they have long-lasting impacts) and the nature of the losses you have suffered (including medical costs and lost earnings – both past and future).

Once we have made an initial assessment of your case, we will be able to give you a rough indication of what we would expect to achieve. See our article, ‘More Than Just Personal Injury’ which provides full details on the losses you can claim for.

It is important to gather as much information as possible. In the first instance take photos of the place where the injury occurred, if you have tripped or slipped on a defect get measurements or include something in your photograph that will give an indication of scale (such as a ruler or a 20p or 50p coin), get witness details and make a written report of the accident to the local authority or the owner/occupier of the premises.

Guidance on the best way to take photographs can be found in our Guide to Photographing Road and Pavement Defects.

If you ask us to take up your case, we will gather additional evidence from a variety of sources, including the doctor(s) who have treated you (if you needed medical attention).

Yes. If you ask us to take up your case, we will arrange a consultation with an independent medical expert (even if you are no longer experiencing any symptoms from the injury), who will examine you, look at your medical records and provide us with a medical report which will form the basis of our valuation of your injuries.

The journey of a personal injury claim can appear complex and daunting, but Jackson Boyd will be with you every step of the way. Call us and our First Response team will talk with you and assess how best to deal with your case. We will then collect all the evidence and medical details that we need to put together our case and value your claim. We will take the weight of pursuing the claim off your shoulders.

Once we have obtained all of the relevant evidence we will then seek a settlement offer. In a small number of cases it may be necessary to go to court, where we will represent you. For full details see our article on The Journey of Your Personal Injury Claim.

In an ideal world, your claim would be resolved within weeks but, unfortunately, the reality is the length of time it takes for claims to conclude can range from months to years. The timings will depend on the complexity of the case and the severity of your injuries. Particularly in cases where injuries are serious, it is important to take the time to collect all necessary information and to establish the true value of the claim.

For all personal injury work, we provide a no-win, no-fee service, which is exactly as it says – if your claim is successful our fee is 20% plus VAT of your settlement figure; however, if your claim is not successful we do not charge a fee.

In most cases, claims for injuries received in public places can be settled without the need to go to court. However, there are a number of circumstances in which claims do proceed to court. These include when the liability of the accident or the cause of the injuries are being disputed or if the third party does not make an acceptable compensation offer. Even where a court action has to be raised around 95% of such cases settle without a court hearing. If you have to go to court we will represent you and provide you with all the support and advice you will need.

The normal time limit for bringing a claim for an injury in a public place is three years after the time you sustained the injury or became aware that you had been injured. In some circumstances, this time limit may be extended.

As specialist injury lawyers, we have in-depth experience and knowledge of all aspects of the law relating to personal injury claims in public spaces. Unlike most ‘general’ law firms, we have the expertise to know whether it is worth pursuing a claim and exactly what information needs to be gathered. We also know how best to value a claim and how to gain fair and just compensation for our clients.

Our expertise in this field is shown by the fact that we are recognised in the Legal 500 rankings and that we have an excellent score in Trust Pilot.

At Jackson Boyd, we also know that rehabilitation is a crucial part of your personal injury claim. We are able to arrange your rehabilitation treatment with our own treatment providers, meaning that you can be seen immediately. You can find out more about rehabilitation in your personal injury claim here.