Wheelchair Accident Claims – A Complete Guide How Much Compensation Can I Claim? Access/Ramp
By Marianne Herondale. Last Updated 6th April 2022. Welcome to our wheelchair accident claims guide. If you have been unlucky enough to be involved in a wheelchair accident, and it was not your fault, you will be entitled to compensation so long as the incident occurred within the past three years.
Many different types of wheelchair accidents can happen. This ranges from accidents that have occurred due to wheelchair malfunctions, road traffic accidents, accidents that have happened in care homes due to negligence, and much more.
No matter what has happened to you, you need to show that you have been owed a duty of care, that this care has been breached, and that this breach resulted in an injury to you. Here at Legal Expert, we have many years of experience in wheelchair accident claims, and we can help you get the compensation you deserve. Read on to discover everything you need to know about how to claim and get in touch for free legal advice.
Choose the section
- Wheelchair Accident Claims Guide
- What Is A Wheelchair Accident?
- Who Can Be Held Responsible For A Wheelchair Accident?
- 5 Things That Can Cause A Wheelchair Accident
- Wheelchair Accidents Due To Unsafe Chairs
- Any Wheelchair Accidents At Work
- Wheelchair Accidents In A Care Home
- Any Wheelchair Accidents In Commercial Premises
- Who Should Provide Safe Wheelchair Access / Ramp Accident
- Common Wheelchair Injuries
- What Do I Need To Prove For Wheelchair Accidents?
- What Can I Claim For After A Wheelchair Accident That Was Not My Fault?
- How Much Can I Claim For Wheelchair Accidents?
- No Win No Fee Wheelchair Accident Claims
- How Legal Expert Can Help With Wheelchair Accident Claims
- Beginning Wheelchair Accidents Claims With Us
Have you been involved in a wheelchair accident that was not your fault? Perhaps you were injured because of a defect with your wheelchair? Maybe you fell from your wheelchair due to a pothole? Perhaps you were injured in your wheelchair because of mistreatment in a care home? No matter what has happened, you can launch a compensation claim if the incident was not your fault. You can also claim on behalf of someone else if they are not able to do so. With that in mind, read on to discover more about wheelchair accident claims. This guide will cover the likes of wheelchair accidents in a care home, common wheelchair injuries, how much compensation you may receive for your wheelchair accident claim, and more.
A wheelchair accident is any incident that has taken place while you were using a wheelchair. This could be an accident that has happened because the wheelchair has malfunctioned. It could be an accident that has happened because you have fallen out of the wheelchair for any reason.
The responsibility of the wheelchair accident does depend on what has happened, as there are many different types of incidents that could occur. In many cases, especially with motorised and electric wheelchairs, it could be that there was a defect with the actual wheelchair. As per product liability law, all manufacturers have a duty to make sure that their products are safe. While stringent tests are carried out, there are cases whereby products fall through the wire, and if this has happened, the manufacturer or designer will be held responsible.
Nevertheless, not all accidents happen because of issues with the wheelchair itself. There are cases whereby accidents take place due to uneven pavements or potholes. This will depend on where you have fallen, i.e. if the council somewhere owns it or if it is private or commercial land. Accidents can also happen if a driver has crashed into someone in a wheelchair or if you have fallen from your wheelchair because a care home professional was acting negligently, either by being careless or purposely mistreating you. And then there’s the possibility of road traffic accidents too. Please speak to us if you wish to file wheelchair accident claims.
Many different scenarios can lead to wheelchair accidents. Here are five of the most common things that can cause a wheelchair accident:
1). Defects in design or manufacturing
3). A pothole or uneven pavement
4). Unsafe wheelchair access
5). Accidents in the workplace
By law, all manufacturers are required to provide products that are safe for public use. Anything unsafe should not be made available for sale. There are three types of product liability cases that could occur. These are as follows:
- Defects in design – This relates to incidents whereby the design of the wheelchair is inherently flawed in a manner that renders it unreasonably dangerous.
- Any defects in manufacturing – This relates to incidents whereby the wheelchair has not been manufactured properly and, therefore, does not match the intended design.
- Defects in warnings – This relates to incidents whereby adequate instructions have not been provided with the wheelchair.
Any of these issues could result in the victim successfully filing wheelchair accident claims.
Another type of claim that we have helped many people to secure compensation for is workplace accident claims. All employers are charged with a responsibility to make sure that the working environment is healthy and safe. If they have not done so, then you have grounds for compensation. There are many different ways your employer could be responsible. This could be that they have allowed you to carry out a job you were not qualified for, they have not carried out a risk assessment, or they have provided unsafe wheelchair access throughout the business premises.
The decision to send someone you love to a care home can be a very difficult one. While most care homes provide an exceptional level of care, there have been cases regarding mistreatment. If your carer has mistreated you or someone you love, you can make a claim. You can also claim if your carer has been careless and this has resulted in an accident. This can happen if the workers have left objects obstructing the room or hallway, and this has caused an injury.
If you suffer an injury on commercial premises, you will file wheelchair accident claims against the building owner. This could be a supermarket, a retail store, or any other type of commercial premises. Injuries can happen due to unsafe wheelchair access, wet floors without adequate warning signs, and such.
When determining whether you have the basis for a compensation claim, you need to decipher whether safe wheelchair access should have been provided or not. You will find that, in most cases, it should have been. There have been several legislations that have been put in place in the UK regarding this. The Equality Act 2010 is a prime example of this.
This act says that adjustments and changes need to be made so that disabled people can access private clubs and associations, like the Guides and the Scouts, and goods and services – such as council offices, hospitals and banks – housing, employment, and education. Not only this but since 1999, all companies in the United Kingdom have been told that they must make the required changes to their buildings to make sure that wheelchair users can access them without any challenges.
From head injuries and wrist injuries to back injuries and arm injuries, many different injuries can happen during a wheelchair incident. This all depends on the nature of the accident. However, it does not matter what type of injury you have sustained in the compensation sense – what matters is who caused the accident.
If you are thinking about claiming for a wheelchair accident, three things need to be proven. The criteria for successful wheelchair accident claims are as follows:
- You need to prove that someone owed you a certain duty of care.
- Then you need to prove that this duty or responsibility was breached.
- And you need to prove that this action or inaction has resulted in an injury.
So, for example, if you are claiming because of a fault with your wheelchair, you will first show that the manufacturer owed you a duty of care, which they did because they made the wheelchair available for sale. You, secondly, need to show that the manufacturer broke this duty of care, which they did because the wheelchair was not designed and manufactured to a safe standard. Thirdly, you need to show that the issue in the design and/or manufacturing process caused the injury you sustained.
To prove you were injured, you will attend a medical appointment. A medical professional will assess the severity of your injuries; the findings of this assessment will be key evidence for your claim.
Of course, the solicitor that you hire will largely be responsible for the compensation you go on to receive. They will help you to build a strong case. However, you do need to make sure that the three principles above apply to your claim. If you are unsure whether that is the case, give us a call, and we will advise you further.
If you have been involved in a wheelchair accident and it was not your fault, there are several different damages you will be able to claim. Firstly, you can claim for general damages, which is the money you will get to cover the pain and suffering you have been subject to.
Aside from this, you can put in a claim for all of the costs you have had to pay because of your injuries. This is known as special damages. There are many different costs that you can end up having to pay when injured, including loss of income, travel expenses, the cost of getting a new wheelchair, childcare expenses, counselling costs, and much more. Make sure you record these expenses and keep proof of them so you can claim.
You will probably want to know how much compensation you could be entitled to. It is important to stress that we, or any other legal professional for that matter, cannot give you a definitive number for the payout you will receive. This depends on several different factors, from the severity of your injuries to the treatment you will undergo. Because all claims are so different from one another, they are handled individually to make sure you receive the fairest amount. Nevertheless, what we have done is gathered the average payout amount for injuries relating to wheelchair accidents. These figures are taken from the Judicial College Guidelines. You can see this in the table below:
|Back||Minor (ii)||£2,300 to £7,410||Could apply to short-term exacerbation or acceleration of injuries for usually less than 2 years. Claimant will recover from other injuries without surgery between 3 months to 2 years.|
|Arm||Amputation (iii)||£90,250 to £102,890||Below-elbow amputation through the forearm. There will be organic phantom pains.|
|Wrist||(B)||£22,990 to £36,770||The injury will cause significant and permanent disabilities but some useful movement will remain.|
|Minor||(C)||£1,290 to £2,300||A complete recovery is made in 3 months.|
|Brain||Moderate (ii)||£85,150 to £140,870||Intellectual deficit, work prospects are greatly reduced if not gone completely. There is also some risk of epilepsy.|
|Shoulder||Serious||£11,980 to £18,020||The injury will cause sensory symptoms in the hand and forearm, restricted shoulder movement and pain in the neck and shoulder. Examples include dislocation and damage to the lower part of the brachial plexus.|
|Leg||Less Serious (ii)||£8,550 to £13,210||A simple fracture, such as of the femur, where no articular surfaces are damaged.|
|Foot||Serious||£23,460 to £36,790||Injuries cause pain from traumatic arthritis or a risk of future arthritis, needing prolonged treatment and potential fusion surgery.|
|Nose||(iv)||£1,600 to £2,370||Simple fracture that is undisplaced. A full recovery will be made.|
|Knee||Moderate (ii)||Up to £12,900||Less serious issues but could include bruising, twisting or laceration injuries. There will also be continuous aching and discomfort.|
Please do not worry if you cannot find the injury you have sustained in the table above. You can give our team a ring for more information on what you could claim for wheelchair mishap injuries. Our helpline number is available at the end of the guide.
Hopefully, you now have a better understanding of wheelchair accident claims. Another important factor to consider is how you will pay for the legal service. The best thing to do is to go for a No Win No Fee service.
This means that the solicitor will take a percentage of your payout as their fee for the service they have provided you with. This will be a percentage that you have both agreed on beforehand.
So, what happens if your case fails and you do not have any compensation at the end of it? You won’t need to pay a penny. This makes sure that you are protected financially and that you will never be out of pocket, no matter the outcome of your case.
Many different legal firms can help you launch a compensation claim, yet you will struggle to find better assistance than that offered by Legal Expert. There are many different reasons why you should choose our service. This includes the following:
- Our No Win No Fee approach – As mentioned in the previous section, our No Win No Fee approach means that financial risk is eliminated so that you can claim without worry.
- Experience – We have many years of experience, and we will match you to a specialist solicitor.
- We put our customers first – Indeed, we always put our customers at the heart of everything we do. We know you are going through a terrible time, and we do not want to worsen the situation. So, we want you to focus on your recovery, and while you do this, we will concentrate on securing compensation for you.
- We have a great track record for securing the maximum compensation amount – We don’t just aim to secure compensation for you; we aim to secure the maximum amount of compensation possible every time.
If you are ready to bring a claim with Legal Expert, all you need to do is give us a call. We also have several other ways for you to contact our team, and we will provide you with free advice, which comes with no obligation to continue with our service. So, what are you waiting for? Dial us today on 0800 073 8804, and we will happily help you. This line is open every day of the week – even on Sunday! – and our opening hours are from 9 am until 9 pm. You can also request a free call-back through our website if you would prefer.
We also have a live chat feature and an online contact form for you to submit your enquiry, and we will get back to you through email. Even if you are still unsure whether you could have cause to claim, wish to know more about our services and how they work, or want to ask other advice about claiming, we will be sure to help guide you.
This link guides you to the NHS website, where you will find information on how the NHS is working to improve wheelchair services:
Information on organisations like employers, shops, local authorities and schools must take steps to remove the barriers you face because of your disability. Find out more.
This link takes you to the UK Government website, where you will find information on disability rights in the UK, including employment, education, and much more.
The Health and Safety Executive have information on Health and safety legislation and employees with disabilities.
Other Useful Compensation Guides
- Salisbury Personal Injury Solicitors
- Compensation For Lower Back Injuries
- Compensation for a Below the Knee Amputation
- Brain Injury Due To Carbon Monoxide Poisoning
- Faulty Automatic Door Injury
- Blackpool Personal Injury Solicitors
- Widnes Personal Injury Solicitors
- Can I Claim After A Broken Glass Accident Cut?
- Faulty Wiring Accident Claims Guide
- How Much Compensation Could I Receive For Back Injury Claims?
- How Much Compensation Could I Receive For A Permanent Scar Injury?
Wheelchair Accident Claims FAQs
What injuries can put you in a wheelchair?
These include serious neck and back injuries along with nerve damage, soft tissue fractures and paralysis.
Has anyone been killed by a mobility scooter?
According to statistics from the Department for Transport, there were 2 reported fatal accidents involving mobility scooters in the year 2020.
What should I do if I’m involved in an electric wheelchair accident?
If you’re injured in an electric wheelchair accident, we recommend first seeking medical attention. After this, you may wish to seek legal representation to start a claim.
How long after an incident can you claim compensation?
You have up to three years after the accident or from the date you became aware the accident had caused you injury.
Do accident claims go to court?
Only a small percentage of claims end up in court without some settlement before a trial.
How do I know if I need a wheelchair?
This depends on your lack of mobility and the pain you experience when attempting to walk.
What happens if I lose my personal injury claim?
This means that you don’t receive compensation. But under No Win No Fee terms, you also don’t pay your personal injury solicitor’s legal fees.
Can your doctor write a prescription for a wheelchair?
Yes, a doctor would write you a prescription to confirm that you need a wheelchair.
How much does a small wheelchair cost?
A small wheelchair generally costs between £50 and £75.
Can I make a personal injury claim if the accident was my fault?
This is only possible if there is a 50/50 liability.
Thank you for reading our wheelchair accident claims guide.