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Can I Claim For A Personal Injury On Private Property?

By Stephen Hudson. Last Updated 17th August 2023. Welcome to our guide about how to claim after an injury on private property. Every year, accidents occur in which an individual is injured on private property. The injuries they sustain can range from minor to severe, though they are almost always important.

Private property injury

Private property injury claims guide

Private property owners are not exempt from holding some level of responsibility for those invited to their premises, even for those who have not been invited (such as trespassers). If an injury has been sustained on private property, the injured party may claim personal injury compensation.

The following guide will gather together a great deal of information, ideal for those interested in the rights, liabilities, and claims involved in such cases.

Select a Section:

What To Do If You Are Injured On Private Property

Following any injury, the first course of action should always be to seek medical help. Once you have seen a healthcare professional and are content with how the injury has been treated, you might start to think about potential legal action. This can be a complicated process, but many steps can be taken to build a case, even in the early stages. In situations such as these, we advise you to:

  • Take photos of the injury you have sustained. If you can obtain photographic evidence of the extent of the injury, it can be a helpful reference point once the wounds have begun to heal.
  • Take photos of the area in which you were injured. If you are able, taking photographs of the site where your injury was sustained can provide useful evidence of the details of the surrounding area, such as the terrain.
  • If there are witnesses at the private property, try to get their contact details. Having statements that reinforce your own version of events can be useful should the case reach court.
  • Visit a doctor for a thorough medical exam. As well as initial treatment, assessing the long-term impact of your injury can be useful in a court case. Should you hire our firm, we can arrange this.
  • Keep a medical journal detailing the pain you felt (and continue to feel) throughout the filing process.
  • Reach out to a representative who can fight on your behalf. We always advise clients as to the benefits of hiring legal experts when making a claim.

Once you have acquired all the evidence you can, moving forward with the accidents on private property claim can be easier. Call us today if you require legal advice.

How Long Do I Have To Claim For An Injury On Private Property?

The Limitation Act 1980 establishes that there’s usually a three-year time limit for starting a claim for domestic injuries on private property. This time limit normally begins on the date of the accident.

Under some circumstances, the three-year time limit can work differently. If a child suffers an injury on private property, then the time limit will not begin until the day they turn 18. A claim could be made on the child’s behalf by a court-appointed litigation friend before this day comes. If this doesn’t happen, however, then the injured party will have three years to start their own claim from the day of their 18th birthday.

If a party injured on private property lacks the mental capacity to start their own personal injury claim, then the time limit is suspended indefinitely. A litigation friend could claim on the injured party’s behalf. If this does not happen though, and the injured party later recovers this mental capacity, then the time limit will start from the day of recovery.

Contact our team of advisors for free if you would like to ask any questions about the time limit for making a private property injury claim.

Who Is Liable For An Injury On Private Property?

In cases where someone sustains an injury on private property, attempting to determine who is liable for the injury can be one of the most complex parts of the case. Depending on the circumstances, the occupier of the property can be a local authority (such as the council), a company, an individual who owns a house, or a tenant of an apartment building. In the latter example, the tenant’s landlord may also be partially liable.

We receive questions from both potential claimants and those who worry about potential claims. We hear all of the following questions:

  • If someone gets hurt on your property, are you liable?
  • Maybe someone falls on your property are you liable?
  • If someone trespasses on my property and gets hurt, am I liable?
  • Or if someone gets hurt on your property, can they sue UK residents?

Often, the answer to these questions is yes, though there are many mitigating factors. As we will see in later sections, the occupier of a private property is often responsible for ensuring that all visitors are safe and not at risk. This may also be true in cases of trespassing and other situations in which a person has no authorisation to be on a property.

In many injury on private property cases, the occupier covers the eventuality of a compensation claim by their insurance. Depending on the policy and the circumstances, this might affect the case in a variety of ways. To get an informed opinion on your unique circumstances, we recommend discussing the matter with a solicitor.

The Occupiers’ Liability Act 1984

The Occupiers’ Liability Act 1984 (OLA) requires that any person who occupies premises is responsible for the safety of their visitors. The occupier’s duty of care dictates that they maintain the welfare of their guest, covering those whose presence is either unlawful or without authorisation.

Specifically, the Occupiers Liability Act states that visitors should expect an environment in which they are “reasonably safe” at all times. This could require warning signs around the property, the maintenance of electrical items, or myriad other requirements as per the regulations. If you believe that there is a breach of this duty of care by the occupier, you may seek compensation.

To find out if you have a valid claim after being injured or tripping on private property, contact our advisors today.

What Can Be Claimed For After An Injury On Private Property?

Personal injury compensation can be split into two heads: general damages and special damages. If your claim succeeds and you are awarded both general and special damages, the two will come together to form a final sum.

General damages address your injuries, both physical and mental, and the way that they affect your life. For example, if you were injured in a car accident on private property, general damages could cover your physical injuries, PTSD, and the loss of amenity you suffer going forward. This head of compensation is awarded to all successful claimants.

Special damages address the financial impacts of your injuries. For example, if you need to take time off work in order to recover, then you may be able to claim back your lost earnings under this heading. Similarly, you could recoup the cost of other injury-related expenses, such as essential travel, prescriptions, and mobility aids. You will need to provide proof of these losses with bank statements, invoices or payslips.

To learn more about compensation in personal injury claims, contact our team today.

How Much Compensation Could I Get For An Injury On Private Property?

In the table below, we have listed average payouts from accidents involving a brain injury. For example, those that may result from a slip trip or fall if you are injured by tripping on private property. It also includes asbestos-related injuries such as those that might be experienced on private commercial property. These averages can only provide a rough estimation, though this information can be useful when researching a potential case.

These figures are taken from the Judicial College Guidelines (JCG). The JCG is a document often used to help solicitors and other legal professionals estimate how much a claim could be worth, as the JCG provides a list of injuries and their guideline compensation brackets.

Edit
Injury Severity of the Injury Description of Injury Compensation Awarded
Brain Damage Moderately Severe The injury has resulted in serious disability and the patient becomes completely dependent on others, namely full-time professional care. £219,070 to £282,010
Back Injuries Severe (iii) Soft tissue injuries, disc lesions or fractures that lead to chronic conditions. £38,780 to £69,730
Arm Injuries Less Severe There will be significant disabilities, however a substantial amount of recovery is expected to or has taken place. £19,200 to £39,170
Ankle Injuries Moderate Ligamentous tears, fractures and the like that cause awkwardness and stairs, and difficulty walking on uneven ground. £13,740 to £26,590
Knee Injuries Moderate (i) Dislocation or a torn cartilage or meniscus that results in weakness, minor instability and wasting. £14,840 to £26,190
Shoulder Injuries Serious Neck and shoulder pain due to a dislocated shoulder and damage to the lower part of the brachial plexus. £12,770 to £19,200
Leg Injuries Less Serious (ii) Simple femur fractures but there is no damage to the articular surfaces. £9,110 to £14,080
Neck Injuries Moderate (iii) The injury will have exacerbated or accelerated a pre-existing condition over a period of less than 5 years. £7,890 to £13,740
Hand Injuries Moderate Penetrating wounds, deep lacerations, crush or soft tissue injuries. £5,720 to £13,280
Wrist Injuries (d) Recovery from a soft tissue injury or fracture takes longer than 1 year. £6,080 to £10,350

Making an injury claim on private properties depends on the severity of an injury. The JCG can only provide guidelines, and the award you may receive can vary. For information on how your injury might affect a settlement, our free legal consultation can provide a much better estimate.

No Win No Fee Personal Injury On Private Property Claims

The process of filing an accident on private property claim can seem complex. Having to worry about receiving compensation for an injury from which you are currently recovering while also having to seek a solicitor who can help fight on your behalf can be particularly taxing. This is especially true in a financial sense, where an injury may hinder your ability to work and may be actively costing your money. In situations such as these, hiring an expensive law firm might seem impossible.

But we have an answer. We offer a ‘No Win No Fee’ policy that leaves you free of stress. Instead of upfront and ongoing charges, we will only take payment following the successful resolution of your case. You will not have to pay anything if you do not receive any compensation for the sustained injury. It can put your mind at ease, knowing that you have access to the best legal experts available.

Call For Free Advice And To Start A Claim

If you suffer a serious injury resulting from an accident such as tripping on private property, you could receive compensation. To find out more, you can either call this number 0800 073 8804 and speak with one of our representatives or fill out the contact form on our website. We’re ready to hear from you today.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.