How Much Compensation Can I Claim For A Personal Injury On Private Property?
By Cat Soong. Last Updated 12th April 2022. 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:
- 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 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 injury on private property 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 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.
Once you have gathered together the evidence (as outlined above), it may be time to begin thinking about making a legal compensation claim. 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. To make the process easier, we offer clients a free consultancy session to 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 can advise you as to whether you have a claim and how best to proceed.
If you decide to proceed with the case following our session, then there are several ways 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 to diagnose the full extent of your injuries properly.
Once this is complete, we will be able to move forward with the administrative side of your accidents on private property claim. We can begin to file the correct paperwork, conduct further fact-finding operations, and take your injury on private property claim to the next stage.
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 of 1957 (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.
The OLA also applies to commercial property occupiers. They owe a duty of care to reasonably protect all visitors to the premises from harm. The occupier must carry out a health and safety assessment test, and they must:
- Be in charge of fire safety, the maintenance of electrical equipment & gas 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 commercial property owners, these laws will be relevant to any injury on private property claims.
Cases in which an accident leads to an injury on a private residential property receives governance from the Occupiers’ Liability Act 1984. Again, it will be the occupier’s responsibility to provide a reasonable degree of safety for visitors. If you’re a visitor who has suffered an injury, then you may wish to examine such laws (or speak to a legal expert) to determine whether you have a viable compensation claim.
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, it may be the occupier or landlord liable. The ultimate answer will depend on the specific circumstances surrounding your accidents on private property.
Private commercial property owners must abide by certain laws. The owner’s duty under the OLA is to maintain a safe environment and ensure the welfare of any visitor.
If you can prove that the owner’s negligence is the cause of your 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.
When you make a personal injury claim, there are two main heads of claim you can pursue. These two heads will come together to form your final sum of compensation, however, you will need to provide different kinds of proof for each.
General damages: General damages cover the suffering and pain caused by your injury. For example, if you sprain your ankle after tripping on private property, you could claim for the injury and the effect it has had on you both physically and mentally.
Special damages: Special damages cover the financial impact of your injuries. This means you can potentially claim back any financial losses you suffer as a result of your injuries. For example, if you need a stairlift or other mobility equipment, you could claim the cost of this back. You can also claim back expenses such as travel costs to and from appointments, and care costs if you need additional childcare or domestic help.
It is possible to claim for any expenses that are the result of 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 compensation amount.
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.
|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|
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.
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.
If you hire us 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 qualifiable 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 within the 3-year time limit.
- And we can offer to arrange a local doctor’s appointment to meet all of your medical needs.
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 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
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- Ankle Injury Claims
- Mopping Accident Claims
- Electric Shock Accident Claims
Injury On Private Property FAQs
Are you liable if someone gets hurt on your property?
If you breach your duty of care towards the victim, then you may hold liability.
How does homeowners insurance work if someone gets hurt on your property?
In this scenario, homeowners insurance should cover any claims that you become the recipient of, barring any larger criminal injuries on-site.
How do private property handle accidents?
They generally have insurance policies to cover such accidents. However, police reports are also likely if someone suffers an injury on a private property.
What doesn’t come under homeowners insurance?
This includes insect and rodent damage, rust, mould and also gradual wear and tear.
What can I do if a car damages my property after a road traffic accident?
You should write down the instigator’s registration number and take photographs of the scene before calling the police.
Are you liable if someone dies at your house?
This may be the case if there is proof that your negligence contributed to their death.
How do solicitors calculate property damage?
They focus on property costs, disrepair, damage level, and the impact of being unable to use the damage.
What makes your homeowners insurance go up?
This would include the likes of costs for home renovation, as well as remodelling and enhancement charges.
Thank you for reading our injury on private property guide.