Claiming Compensation For An Injury If You Were Drunk
By Mary Hightown. Last updated 21st February 2023. In this guide, we will explore the process of claiming compensation for an injury if you were drunk.
If you suffer an accident or injury when drunk you may think you have to shoulder the blame and deal with the consequences on your own.
This is not always true, however, and you might be interested to know that sometimes you can indeed lodge a compensation claim for an injury/ies which you have obtained. Sometimes accidents are unavoidable and the fact that you had enjoyed a drink prior to the accident may simply be irrelevant. After all, most adults like the odd glass of alcoholic drink now and then.
An obvious case where you would be unlikely to be at fault is if you were injured due to slipping on a spilled drink inside a nightclub. The owners of the establishment should have completed a risk assessment, bearing in mind that their patrons will be under the influence of alcohol and should be taking precautions to ensure that spillages are wiped up promptly.
Here at Legal Expert we are waiting for your call and can discuss your options in detail concerning your injury or accident when you’d had alcohol to drink. Call us now on 0800 073 8804. Or, if you prefer, read our comprehensive guide to compensation when drunk first, clicking on the sections below that most interest you. You will find there is a lot of information covered. We very much hope you find it useful.
Select A Section
- What Are The Types Of Accident Or Injuries Which Can Happen When Drunk?
- Assaults And Criminal Injuries On A Night Out
- Can I Claim Compensation For A Pedestrian Accident When Drunk?
- Slip, Trip And Fall Claims When Drunk
- How To Start A Compensation Claim
- Compensation For A Personal Injury Sustained While Drunk
- No Win No Fee Drunk Accident Injury Claims
- Useful Links
Alcohol can affect your balance and reactions so many drunk compensation claims will be for a slip, trip, fall or similar accident. These could be caused by
- poor lighting for example in stairwells or where the floor is uneven
- faulty stairs, worn and uneven flooring or unexpected obstructions
- food and drink spillages not being dealt with promptly
- damp floors, for example in toilets or near entrances
You may also suffer an accident as the result of the behaviour of others. As a drunk pedestrian you could be jostled into the path of oncoming traffic. And if you are hit by a drunk driver UK legislation is likely to be on your side, not theirs.
If you fall over or have a pedestrian accident when drunk you are most likely to suffer bruising or a sprain, however lacerations and broken bones are also common. Less frequently you may get burnt from hot plates or succumb to food poisoning as a result of eating out during your night out.
What Is The Most Common Alcohol-Related Injury?
It’s difficult to provide a definite answer to what the most common alcohol-related injury is because it may vary depending on the situation.
However, injuries that you could sustain in an alcohol-related accident might include:
- Head injury including damage to the brain
- Sprains and strains
- Broken and fractured bones
- Back injury
- Alcohol poisoning
There are also some instances where you could experience psychological harm. For instance, if you had your drink spiked and were assaulted, you may experience flashbacks of the attack.
If you have experienced a similar incident and would like to know whether you’re eligible to claim, please get in touch on the details above.
If, as a result of criminal injury night out became a night in hospital, you may be able to make a claim through the Criminal Injuries Compensation Authority (CICA). Unlike, for example an insurance claim against a drunk driver, claims for criminal injury can proceed even if you do not know who was responsible for your assault.
In order to ensure that a claim through CICA is successful, it is important that you report assaults or other criminal activity that has resulted in you becoming injured to the police and that you assist them in their enquiries. There is a minimum threshold of injury and a maximum amount payable. Your personal injury lawyer will advise on the current limits and on the likelihood that your claim is eligible for the scheme.
Simply being drunk is not enough to prevent you from making a compensation claim. You may be less aware of your surroundings and, therefore, more at risk of having an accident, but most accidents occur when a set of unfortunate circumstances come together – not as the result of one fact.
If you have suffered a pedestrian accident when drunk then the precise circumstances of the accident can be very important. If you are hit by a drunk driver uk law is likely to be on your side – but if you are also intoxicated and, for example, stepped out into the road leaving no reaction time for the driver, then you may have to take some responsibility for your own injuries.
There are some steps you should take before you search the internet for “I got hit by a drunk driver what am I entitled to? UK personal injury claim” or similar. First, make sure you get proper medical attention. Not only will this speed up your recovery but it will also ensure that there is an official record of your injuries. As soon as you can write down when, where and how your accident happened. If you or your friends have photographs of the incident and of your injuries then keep them safe as they may be useful to strengthen your claim. It is also important that you attend all follow-up appointments and physiotherapy – especially if your claim covers the long-term effects of your injuries.
When legal professionals are evaluating eligibility for fall claims, whether the person was drunk when falling may be considered. If you suffer an accident or injury while drunk, you may assume that you’ll be considered at fault because of your condition. However, this is not always true. Sometimes, a drunk person may be injured due to another party’s negligence.
If you are injured in a drunken fall or another type of accident due to another party’s negligent behaviour, then you may be able to claim compensation from them. Get in touch today to find out more.
As in all legal matters, your first step should be to contact professional legal advice. A personal injury solicitor can advise on all aspects of your drunk compensation claim, what personal injury claims time limit applies and offer their professional opinion as to how likely your claim is to succeed.
When you suffer an accident or injury when drunk you should always obtain medical assistance as soon as it is clear that your injuries are more serious than a few cuts or bruises. Attending an emergency department or seeking advice from your GP the next day will ensure that there is a full, professional, record of the extent of your injuries created when the injuries are still present. The personal injury claims calculator works on the basis of how severe the injury is so your payout could be affected if the extent is unknown at the time of claiming.
Taking photographs of the accident or injury when drunk may not be high on your list but if any exist then they should be copied to a safe location. Writing down when the accident happened and what you can recall of how it happened as soon as you can is also a good idea to strengthen your claim.
If you are interested in claiming injury compensation, then you may be wondering how much you could potentially receive. Compensation is awarded on a case-by-case basis, giving consideration to a number of different factors, including the severity of your injuries. Because of this, we can’t provide an average compensation amount for injuries sustained while drunk, like falling over or slipping on a staircase.
However, we can give some insight into how personal injury compensation is calculated. Your compensation settlement could include general damages and special damages. General damages cover the pain and suffering your injuries have caused you.
Often, legal professionals refer to the Judicial College Guidelines (JCG) when valuing claims. . The JCG provides guideline compensation brackets for different injuries In the table below you can find some of the amounts listed in the 16th edition of the JCG. However, please only use this table as a guide.
|Type of Injury||Description||Compensation Bracket|
|Ankle Injuries||Very Severe Injuries||£50,060 to £69,700|
|Wrist Injuries||(b) Injuries that are serious enough to cause significant and permanent disability. Some useful movement remains.||£24,500 to £39,170|
|Arm Injuries||Less Severe Injury||£19,200 to £39,170|
|Arm Injuries||Simple Fractures of the Forearm||£6,610 to £19,200|
|Back Injuries||Moderate Injuries||£27,760 to £38,780|
|Neck Injuries||Moderate Injuries||£24,990 to £38,490|
|Foot Injuries||Moderate Injuries||£13,740 to £24,990|
|Hand Injury||Serious Injury to Ring or Middle Fingers||£10,320 to £16,340|
|Hand Injury||Moderate Hand Injury||£5,720 to £13,280|
|Less Serious Leg Injuries||Either Simple Fractures to the Fibula or Tibula or Modest Soft Tissue Injuries||Up to £11,840|
You may also be entitled to special damages. These address the financial impacts your injuries have caused you, such as lost earnings, prescription costs, and travel expenses. However, in order to claim for these, you must be able to provide proof of your losses. As such, collecting bank statements, receipts, or invoices related to your losses could be beneficial.
To learn whether you could have a valid personal injury claim after suffering an injury falling over while drunk, contact our team of advisors today.
If you have had an accident or injury when drunk and want to make a compensation claim you may wish to hire a personal injury lawyer.
Our solicitors offer No Win No Fee services, including a Conditional Fee Agreement (CFA). This means there are no fees required upfront or fees required while your claim is ongoing. Furthermore, there will be no requirement to pay a success fee to your solicitor if the claim fails.
If the claim is successful, this success fee will be deducted from your compensation. However, the fee is subject to a legal cap.
To find out whether one of our solicitors could represent your claim on this basis, please get in touch on the details above.
Our bank of advisers is just waiting to hear from you. Our phone line, on 0800 073 8804, is open every day or, if you prefer you can drop us a message and we’ll call you at a more convenient time.
Alternatively, you can live chat with one of our team if you aren’t near your phone or prefer to keep your initial contact anonymous.
Or you can fill out our online contact form and an advisor will get back to you. We hope our guide to making a claim for injuries sustained in an accident when drunk has helped. However, if you have any questions, please get in touch on the details above.
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