Did you suffer an injury while visiting a friend or relative while they were in hospital? Do you want to know, ‘Can I claim fall in hospital compensation?’ This guide looks at all aspects of how to make a public liability claim.
We start by exploring who might have good grounds to claim personal injury compensation after suffering a fall. This is illustrated with a look at common causes of falls in hospitals that can affect visitors, staff and patients alike. Additionally, we provide information about how public liability compensation is calculated. Furthermore, evidence is vital in supporting your personal injury claim, so we provide examples of items you could collect to help your case.
The final section of our fall in hospital compensation guide explains how a solicitor from our panel could step in and help you. They offer their services in a No Win No Fee capacity, which means you could qualify to start work with expert legal representation today. Please continue reading to learn more about accidents in a public place or talk to us about this now:
- Call 020 8050 2736 for free advice.
- Fill out our claim online form here.
- Or message the team using our on-screen live portal.
Jump To A Section
- Can I Claim Fall In Hospital Compensation?
- What Are Common Causes Of A Fall In Hospital?
- How Could Fall In Hospital Compensation Be Awarded?
- How Long Do I Have To Make A Hospital Negligence Claim?
- What Evidence Could Help Me Make A Public Liability Claim?
- Why Claim For A Fall In Hospital On A No Win No Fee Basis?
- More Resources About Claiming Public Liability Compensation
Can I Claim Fall In Hospital Compensation?
Under the Occupiers’ Liability Act 1957, all visitors to a public space, such as a hospital, are owed a duty of care by the occupier (the business, organisation or individual responsible for that space). This legislation requires those in charge to take reasonable steps to implement measures that prevent the public from being harmed or injured while using the premises for its intended purpose. This is the duty of care owed by occupiers to members of the public.
With this in mind, you could be eligible to seek fall in hospital compensation if you sustain an injury while on the premises. The eligibility criteria for personal injury claims are as follows:
- A duty of care was owed to you.
- The duty was not met or it was breached in some way.
- You can prove this caused your injuries.
Failure to meet duty of care standards can result in a public liability compensation claim against the hospital or trust if you sustained injuries in a slip, trip and fall accident while on their property.
Can I Claim For A Fall As A Member Of Staff?
As an employer, the hospital has a duty of care obligation to its staff as well. The Health and Safety at Work etc Act 1974 (HASAWA) states that practicable and reasonable steps should be taken to prevent employees from experiencing harm as they perform their duties.
As part of meeting this duty, your employer is expected to carry out risk assessments and take steps to remove or reduce any of the risks identified. For example, the floor in the A&E waiting room becomes wet when it rains due to wet shoes and umbrellas. The hospital can put down mats by the entrance and also put up a slippery when wet sign to reduce the injury risk among staff, visitors and patients alike.
Why not take a moment to discuss your potential claim and find out if you’re owed compensation after trips and falls at work?
What Are Common Causes Of A Fall In Hospital?
If health and safety standards are not met properly, it could create a wide range of fall hazards in a hospital. Some examples include:
- Hospital management failed to carry out a regular risk assessment on their ward and clutter was left in areas that the public could access. This led to a visitor tripping, falling and suffering a broken arm.
- Hospital staff neglected to clean up spillages in the cafe, and this resulted in a visitor slipping over and damaging their shoulder.
- A visitor suffered severe head injuries when falling down the stairs due to poor lighting.
- Broken tiles resulted in a visitor tripping and falling, sustaining an ankle injury.
Call our advisors to discuss the situation that caused your injuries and to find out if you are eligible to seek fall in hospital compensation.
How Much Could Fall In Hospital Compensation Be Awarded?
If your fall in hospital compensation claim is a success, your settlement could consist of two heads of loss, or parts. These are known as general and special damages.
General damages reflect the physical injuries themselves, as well as any psychological injury that you suffered through the incident.
When calculating a value for general damages, those involved may look at available medical reports to help with the calculation process. Also, they might look at documents such as the Judicial College Guideline (JCG), which lists suggested award guidelines for a host of injuries based on severity and type.
To illustrate, we’ve put together a table of entries from the JCG below that includes injuries applicable to a fall. Please note that the amounts shown here are purely illustrative and do not represent the outcome of a successful claim (this is because all claims are different). Furthermore, the first line amount does not come from the JCG:
Compensation Guidelines
| Injury Area | How Severe? | Award Guidelines | Details |
|---|---|---|---|
| Multiple injuries, severe in nature and special damages award. | Severe | Up to £500,000 plus | This bracket reflects cases where there is several forms of severe injury and a special damages payment for medical costs, care requirements and adaptations needed at home. |
| Head | (b) Moderately Severe | £267,340 to £344,150 | Serious disability that can include limb paralysis, cognitive impairment and a possibly reduced life expectancy. |
| Back | (a) Severe (i) | £111,150 to £196,450 | The most severe nerve root and spinal cord injury causing acute pain, severe disability and incomplete paralysis. |
| (b) Moderate (i) | £33,880 to £47,320 | A wide range of injuries come under this bracket including crush and compression type fractures in the lumbar vertebrae. | |
| Pelvis | (a) Severe (i) | £95,680 to £159,770 | Extensive fractures that may dislocate the lower back joint and rupture the bladder causing unbearable pain and needing spinal surgery. |
| Severe Leg Injuries | (ii) Very Serious | £66,920 to £109,290 | Damage that causes permanent mobility problems and requires walking aids or where fractures take a long time to heal and leave deformity that limits movement. |
| Arm | (b) Injuries Resulting in Substantial and Permanent Disablement | £47,810 to £73,050 | Serious cases of fracture to one (or both) forearms causing permanent physical and/or cosmetic disability. |
| Wrist | (b) Significant | £29,900 to £47,810 | Disabilities that are permanent and significant but a degree of useful motion remains. |
| Knee | (b) Moderate (i) | £18,110 to £31,960 | Dislocations, torn meniscus and cartilage that prompts wasting, lack of stability and weakness. |
| Shoulder | (b) Serious | £15,580 to £23,430 | Dislocations and damage to brachial plexus region causing aching, pain, sensory loss and reduced grip. |
You could also claim compensation for the financial impact of a fall in hospital. This head of loss is referred to as special damages. It covers both financial harm and incurred expenses. To include special damages as part of your slip, trip and fall claim, you will need to present proof of these losses. For example,
- Medical bills to deal with a new injury or worsening of the existing one.
- Wage slips that prove a drop or loss in earnings caused by missing work while you recover from your injuries.
- Proof of paid amounts to anyone who cared for you, whether professionals or friends and family.
- Tickets and receipts for essential travel, including petrol and parking costs.
- The invoices or receipts for the cost of essential alterations needed in your home.
If you have any questions about how your fall in hospital compensation could be awarded, please call a team member. In addition to advising you on what items you could be reimbursed for under special damages, they can also value your personal injury claim for free.
How Long Do I Have To Make A Hospital Negligence Claim?
There is a three-year time limit in which to start a personal injury claim for compensation as outlined by the Limitation Act 1980. This starts from the date of the incident that caused injury. In certain cases, there can be alterations to this standard timeframe. For example:
- Minors under 18 cannot claim compensation themselves. Either a litigation friend is designated by the courts to do so for them, or the time limit of three years starts from the date of their 18th birthday if a claim was not made for them by that point.
- Litigation friends can also start a claim for those who lack mental capacity to manage their own fall in hospital claim. The time limit is frozen completely in cases like this. If the claimant regains their mental capacity, the three-year limitation period will start from their date of this recovery.
Please feel free to speak to the team if you have concerns about time limits for your fall in hospital claim.
What Evidence Could Help Me Make A Public Liability Claim?
When looking to make a claim, you will need to collect compelling evidence that proves liability for the injuries suffered in the fall. With this in mind, we list some examples of evidence that might help support your fall in hospital compensation claim:
- Eyewitness contact information. Statements from anyone who saw the accident can be collected later in the claims process.
- CCTV footage. You might be able to access CCTV from the hospital area that captured the incident.
- Photos and mobile phone footage. You can photograph your visible injuries and any hazards in the hospital that caused them.
- Copies of medical records. Access copies of your medical records. This can both help support a claim of injury and assist with the calculation of potential damages.
Why Claim For A Fall In Hospital On A No Win No Fee Basis?
If you are eligible to claim fall in hospital compensation, you may like to instruct a solicitor to work on your case. The personal injury solicitors on our panel offer their services through a type of No Win No Fee contract. They typically suggest a Conditional Fee Agreement (CFA). This helps in the following ways:
- No initial solicitors fees to start work.
- No solicitors’ fees for ongoing services apply as the claim advances.
- Nothing owed for completed services after an unsuccessful claim outcome.
- A successful claim outcome requires a success fee is taken from the compensation that has been awarded to you. This is a legally limited percentage that is capped by the law.
- This success fee limit means the majority of the payout goes to the claimant.
You could qualify to start a No Win No Fee claim with a solicitor from our panel. Why not speak to the advisory team on the contact options below to find out?
- Call 020 8050 2736 for free advice.
- Fill out our claim online form here.
- Or message the team using our on-screen live portal.
More Resources About Claiming Public Liability Compensation
This guide focused on seeking compensation for fall in hospital negligence. These other guides offer more:
- Details on a public liability claim for injury.
- Find out if you can claim if you slipped on ice in a public place.
- In addition to this, read about soft tissue injury claims here.
External resources:
- Learn about first aid with guidance from the NHS.
- Information about statutory sick pay from the government.
- Lastly, fall prevention advice from GOV.UK.
Thank you for your interest in our guide about claiming fall in hospital compensation. Advisors are standing by to help with any other questions about seeking compensation with a No Win No Fee solicitor.
