How To Claim For A Personal Injury On Private Property?
By Stephen Hudson. Last Updated 11th June 2024. 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 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:
- Can I Claim For A Personal Injury On Private Property?
- What To Do If You Are Injured On Private Property
- How Long Do I Have To Claim For An Injury On Private Property?
- What Can Be Claimed For After An Injury On Private Property?
- How Much Compensation Could I Get For An Injury On Private Property?
- No Win No Fee Personal Injury On Private Property Claims
Can I Claim For A Personal 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.
If Someone Gets Hurt On Your Property Are You Liable?
As an occupier of a property, you are responsible for ensuring the reasonable safety of all visitors. This duty of care is set out in the Occupiers’ Liability Act 1957. It is the duty of care that all organisations or individuals in control of a premises owe to visitors to that space.
If you ask, ‘If someone gets hurt on your property, are you liable?’, you could be held responsible for injuries if you were found in breach of this duty of care.
Call an advisor if you’ve sustained an injury on private property. They can get your eligibility to make a personal injury claim.
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 sets a three-year time limit (generally) for starting a claim for domestic injuries on private property. This time limit for personal injury claims normally begins on the date of the accident.
Under some circumstances, the three-year time limit can work differently. These include:
- If a child under the age of 18 sustains an injury on private property, then the time limit will not begin until the day they turn 18. A litigation friend could be appointed to manage the claims process for them at any point prior to the injured party celebrating their 18th birthday. 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 for as long as they are without this capacity. In these cases, a litigation friend could manage the claim for them. Should a claim not be made for them, and the injured person later regains the capacity required to handle the claims process, then the three year 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.
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. Additionally, we’ve provided a figure in the top row to show you how compensation could be awarded for more than one severe injury and related expenses, such as lost wages and nursing care. This figure is not from the JCG.
| Injury | Severity of the Injury | Compensation Awarded |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | Up to £1,000,000+ |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Arm Injuries | Severe | £117,360 to £159,770 |
| Back Injuries | Severe (ii) | £90,510 to £107,910 |
| Neck Injuries | Severe (iii) | £55,500 to £68,330 |
| Hand Injuries | Less Serious | £17,640 to £35,390 |
| Leg Injuries | Less Serious (i) | £21,920 to £33,880 |
| Ankle Injuries | Moderate | £16,770 to £32,450 |
| Knee Injuries | Moderate (i) | £18,110 to £31,960 |
| Shoulder Injuries | Serious | £15,580 to £23,430 |
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.
Other Helpful Resources
- Learn about Public Park Accident Claims and get help with claiming through our guide.
- Our guide to Acid Attack Victim Claims offers insight into claims following an acid attack.
- Read our guide to Ankle Injury Claims to learn more about claiming for a sprain or break.
- Mopping Accident Claims
- Electric Shock Accident Claims
Thank you for reading our injury on private property guide.
