How Much Compensation Can I Claim For A Personal 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 owners are not exempt from holding some level of responsibility for those who have been invited to their premises, even for those who have not been invited (such as trespassers). In situations where an injury has been sustained on private property, the injured party may claim for compensation.
The following guide will gather together a great deal of information, ideal for those who are interested in the rights, liabilities, and claims involved in such cases.
Select a section:
- A guide to personal injuries on private property.
- What to do if you are injured on private property.
- How to begin personal injury on private property claim.
- Who is liable for an injury sustained on private property?
- The occupier’s liability act 1957.
- Health and safety legislation for commercial property owners.
- Claiming compensation for an injury sustained on private residential property.
- Claiming compensation for an injury sustained on private commercial property.
- What can be claimed for after an injury on private property?
- How much compensation will I get for an injury on private property?
- No win no fee personal injury on private property claims.
- Why choose us as your claims service for a personal injury on private property claim?
- Call for free advice and to start a claim.
In this guide, you will find all the necessary information you need to file a claim. In personal injury claims private property can be an important factor. It will likely determine liability in cases where an injury has been sustained. For those who may have invited someone on their property – during which time the invitee sustained an injury – this guide will outline the accidents on private property laws, helping to clarify the matter.
In this guide, we will discuss a variety of scenarios in which you may sustain an injury, we will look into the liabilities held by those involved, we will examine laws and regulations, and we will discuss the exact nature of those costs which can be claimed should you decide on a course of legal action.
By the end of this guide, you should have all the knowledge you need to file a claim. In addition to this, we will look at the benefits of hiring a law firm to assist you.
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 the way in which the injury has been treated, you might start to think about potential legal action. This can be a complicated process but there are a number of steps which can be taken in order 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 are able to 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 which 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, an assessment of 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 claim can be easier.
Once you have gathered together the evidence (as outlined above), it may be time to begin thinking about making a legal claim for compensation. However, this can be a complicated process. With arduous amounts of paperwork and bureaucracy to compete with, we advise that potential claimants discuss the matter with a law firm.
Finding a solicitor can be a strenuous task. In order to make the process easier, we offer clients a free consultancy session in which we can look over the details of the case and provide legal guidance. This is a no obligation phone consultation, in which the evidence you have gathered and your version of events will be passed to a legal expert. From here, we are able to advise you as to whether you have a claim and how best to proceed.
If you do decide to proceed with the case following our session, then there are a number of ways in which we can help. We can offer a ‘No Win No Fee’ arrangement, minimising the financial risk of a claim, and we can arrange for you to have an evaluation with a local doctor, in order to properly diagnose the full extent of your injuries.
Once this is complete, we will be able to move forward with the administrative side of the case. We can begin to file the correct paperwork, conduct further fact-finding operations, and take your claim to the next stage.
In cases where an injury has been sustained on private property, attempting to determine who is liable for the injury can be one of the most complicated 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 are worried about potential claims. We have been asked all of the following questions:
- If someone gets hurt on your property are you liable?
- If someone falls on your property are you liable?
- If someone trespasses on my property and gets hurt am I liable?
- 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, there is often a responsibility on the behalf of the occupier of a private property to ensure that all visitors are safe and not at risk. This may also be true in cases of trespassing, as well as other situations in which a person might not have been invited onto a property. In many cases, the occupier will be covered for 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. In order to get an informed opinion on your unique circumstances, we recommend discussing the matter with a solicitor.
The Occupiers Liability Act of 1957 requires that any person who occupies premises is held responsible for the safety of their visitors. The occupier’s duty of care dictates that they maintain the welfare of their guest, extended to those whose presence is either unlawful or unauthorised.
Specifically, the Occupiers Liability Act states that visitors should be able to expect an environment in which they are “reasonably safe” at all times. This could require the use of warning signs around the property, the maintenance of electrical items, or myriad other requirements as stated in the regulations. If you are of the belief that this duty of care was not adhered to by the occupier, you may wish to seek compensation.
For those who own a property for commercial purposes, there are laws and regulations which guarantee the rights of those visiting the property, known as the Health and Safety at Work etc Act 1974 (or the HSW Act). The HSW Act is a piece of legislation that outlines the duty and responsibility of the owner to maintain the safety of the premises. The occupier must carry out a health and safety assessment test and they must:
- be in charge of fire safety
- be in charge of the maintenance of electrical equipment
- be in charge of the gas safety
- be in charge of the fire safety
- attempt to deal with asbestos-related issues.
The occupier, by law, is the person responsible for maintaining a safe environment for the people who enter their premises. The welfare of any individual who enters their premises is their concern. In cases of commercial property owners, these laws will be relevant to any liability claims following an injury.
Cases in which an accident has led to an injury on a private residential property will be governed by the Occupiers’ Liability Act 1984. As stated above, it will be the responsibility of the occupier to provide a reasonable degree of safety for visitors. If you have been a visitor who has suffered an injury, then you may wish to examine such laws (or speak to a legal expert) in order to determine whether you have a viable claim for compensation.
In cases of private residential properties, there are likely two parties who might be liable. If the occupier is the owner of the property, then they will be the defendant in any claim. If the current occupier is a renter of the property, then it may be either the occupier or the landlord who will be deemed liable. The ultimate answer will depend on the specific circumstances surrounding your injury.
Private commercial property owners must abide by certain laws. The owner’s duty under the Health and Safety Act, as outlined in previous sections, is to maintain a safe environment and to assure the welfare of any visitor.
If you are able to prove that the owner was negligent and that, as a result, you sustained an injury, you may be able to win a compensation claim.
As in matters of residential properties, the liability of the occupier will depend on certain circumstances. As such, it may be that the defendant is an individual (such as a private contractor), a business (such as the company leasing a shop), or the landlord of the building. Contacting a lawyer can help you discern which party is at fault in your case.
During the process of filing a claim, there will be other expenses for which you can be compensated. These include:
- General damages – pertaining to the injury you have sustained while on the private property and, in particular, the pain and suffering you have endured.
- Care claim – pertaining to the fees you may have spent on hiring a nurse following a debilitating injury and similar care-related expenses.
- Loss of earnings – pertaining to the wages you would normally earn, had it not been for the accident. Long-term injuries may also be suitable for compensation of future lost wages.
- Travel Expenses – pertaining to your necessary travel fees. For example, essential taxi fares to a doctor’s office can be reimbursed.
- Medical Expenses – pertaining to any kind of medical equipment, medicine, or private health care that you required.
It is possible to claim for any expenses which you have incurred due to an injury on private property. However, as we will see below, the severity of the injury can be the most important factor in determining the settlement amount.
In the table below, we have listed average payouts from accidents involving a brain injury (such as might result from a slip trip or fall on a private residential property) and asbestos-related injuries (such as might be experienced on a private commercial property). As the information is averaged, it can only provide a rough estimation, though this information can be useful when researching a potential case.
|Injury||Severity of the Injury||Description of Injury||Compensation Awarded|
|Brain Damage||Minor||In cases such as these, the brain damage experienced will be very mild and will heal quickly.||£1,675 to £9,700|
|Brain Damage||Less Severe||The healing process is very quick and the patient is able to return to their regular life in short order.||£11,650 to £32,700|
|Brain Damage||Moderate||Both memory and concentration abilities are affected, reducing the capacity to work. A slight risk of epilepsy is also present.||£32,725 to £69,000|
|Brain Damage||The intellectual deficit is moderate through to severe and includes a possible personality change and an effect on speech, vision, and other senses. Employment prospects are practically zero.||The intellectual deficit is either modest or moderate, while there is a significant reduction in the ability to work and an increased risk of epilepsy.||£69,000 to £114,100|
|Brain Damage||The intellectual deficit is moderate through to severe and includes a possible personality change and an effect on speech, vision, and other senses. Employment prospects are practically zero.||The intellectual deficit is moderate through to severe and includes a possible personality change and an effect on speech, vision, and other senses. Employment prospects are practically zero.||£114,100 to £166,500|
|Brain Damage||Moderately Severe||The injury has resulted in serious disability and the patient becomes completely dependent on others, namely full-time professional care.||£166,500 to £214,350|
|Brain Damage||Very Severe||In these circumstances, the victim will be either in a vegetative state or will be dead a short time after the injury, though may have had no knowledge of the time following the accident. Compensation, in such cases, will be for the loss of amenity.||£214,350 to £307,000|
|Asbestos- Related||Very Severe||Mesothelioma which causes a loss of function, reduction in quality of life, and severe pain, resulting in eventual death.||£53,200 to £95,700|
|Asbestos- Related||Severe||Potentially fatal diagnosis of lung cancer, with protracted and painful symptoms.||£53,200 to £74,000|
|Asbestos- Related||Very Serious||Asbestosis in addition to pleural thickening. Lung function will be largely reduced and there will be a persistent feeling of breathlessness.||£29,200 to £80,450|
|Asbestos- Related||Serious||Asbestosis in addition to pleural thickening. Lung function will be largely reduced and there will be a persistent feeling of breathlessness, though to a lesser degree.||£11,450 to £29,200|
|Asbestos- Related||Severe||Regular coughing and asthma - permanent and disabling - resulting in a loss of sleep, a major reduction in quality of life, and reduced physical abilities and employment opportunities.||£32,725 to £50,000|
|Asbestos- Related||Serious||The patient will have chronic asthma and will need to be prescribed an inhaler for occasional use. Employment prospects and physical abilities will be reduced.||£20,000 to £32,700|
|Asbestos- Related||Moderate||Bronchitis and an amount of wheezing will be displayed by the patient, though there is the potential for recovery.||£14,600 to £20,000|
|Asbestos- Related||Relatively Mild||Respiratory symptoms may appear like a mild form of asthma.||£8,100 to £14,600|
|Asbestos- Related||Mild||Short term (several months) recovery from conditions such as coughs, colds, wheezing, bronchitis, and other respiratory-related illnesses.||up to £3,900|
As illustrated above, making an injury claim on private property matters is likely dependent on the severity of an injury. For more information on how your particular injury might affect a settlement amount, our free legal consultation can provide a much better estimate.
The process of filing a claim can be very laborious. Having to worry about being compensated 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 a payment following the successful resolution of your case. You will not have to pay anything if you do not receive any compensation for the injury you have sustained. It can put your mind at ease, knowing that you have access to the best legal experts available.
If you choose to hire our team when fighting for compensation, we can make the entire claims process much easier for you. We pride ourselves on our high success rate, our customer service, and our integrity. But most of all, we pride ourselves on our relationship with our clients. We offer a huge range of benefits to clients, including:
- Highly qualified representatives who will work on your behalf
- Representatives who have years of experience
- A ‘No Win No Fee’ agreement to reduce the financial risk of your case.
- We offer a free, no obligation consultancy session to discuss your legal options.
- We can offer to arrange a local doctor’s appointment to ensure all of your medical needs are being met in the long- and short-term.
With our help, fighting for compensation following an injury on private property is much easier. Get in touch today and find out what we can do for you and your claim.
If you have been seriously injured as the result of an accident on private property, you may be owed compensation. To find out more, you can either call this number 0800 073 8804 and speak with one of our representatives or you can fill out the contact form on our website. We’re ready to hear from you today.