Could I Make A Claim For A Slip And Fall Head Injury?
By Stephen Hudson. Last Updated 17th August 2023. If you’ve suffered a head injury due to a slip and fall because a third party, such as an employer or occupier, breached the duty of care they owed you, you may be entitled to claim compensation. In this guide, we’ll discuss the process of making a personal injury claim for such an incident. We’ll also look at potential slip and fall head injury settlements.
Slip and fall head injury settlements
Also, we’ll discuss ways you may be able to gather and provide evidence for a slip and fall head injury claim. This guide also talks about how working with a No Win No Fee solicitor could benefit your personal injury claim as they could help you build your case and present it in full within the relevant time limit.
To get advice and support with starting a claim for a head injury, you can contact our team of advisors for free. They are available 24 hours a day, 7 days a week. You can reach them by:
- Calling 0800 073 8804
- Writing to us about starting your claim online
- Messaging us through our 24/7 live chat support
Select a Section
- Proving Negligence To Claim Slip And Fall Head Injury Settlements
- Typical Accident Scenarios That Could Cause Head Injuries
- Proving Liability To Receive Slip And Fall Head Injury Settlements
- Determining Your Potential Compensation Payout
- What Could Make Up My Slip And Fall Head Injury Settlements?
- Which Evidence Will I Need To Have A Valid Head Injury Claim?
- Could I Make A Claim With A No Win No Fee Solicitor?
Proving Negligence To Claim Slip And Fall Head Injury Settlements
You could suffer a head injury when you slip and fall whether in the workplace, a public area, or in a road traffic accident. No matter how slight you think the injury is, you should always seek medical attention when you hit or injure your head in any way. A minor injury to the head could leave you concussed, or the extent of the damage may not be apparent straight away.
The accident may occur in the workplace, in a road traffic incident, or in a public place. You could have contributed to the incident, or it could have been caused solely by third party negligence.
To seek compensation for a head injury following an accident you must prove liability. If you can answer yes to the following 3 questions you may have the foundation for a personal injury claim:
- Were you owed a duty of care at the time and place of the accident?
- Was this duty breached?
- Did your head injury happen because of this negligence?
Examples of slip and fall accidents that could potentially leave you with a head injury include the following:
- A head injury sustained in a slip and trip because of a risen pavement slab.
- Untreated ice outside a library causes a slip and injury to the head
- Trailing wires in a workplace cause a trip injury where an employee hits their head
- Accidents in a public place, like a supermarket, where a spillage was not cleared up and inadequate measures were set in place to prevent you from slipping and falling.
Evidence Needed To Support A Slip And Fall Personal Injury claim
Proving liability means taking photos of where the accident happened and gathering as much evidence as you can. This includes:
- Witness contact details in case statements need to be taken at a later date.
- Photos of your injuries and the cause of the accident
- Medical records from when you were seen at A and E.
- A report log from your work or public place.
Time Limit Linked To Personal Injury Claims For Head Injuries
The personal injury claim time limit means you have 3 years from the date you are injured, or the date you became aware of an injury/illness was caused by negligence to file a claim.
The exceptions to this 3-year statutory deadline involve the following:
- Minors, anyone under the age of 18 can not pursue a claim on their own behalf. In this instance, they can wait till they turn 18 when they will have 3 years to seek compensation. However, a court could appoint a ‘litigation friend’ to file a claim on their behalf beforehand
- If the injured party lacks the mental capacity to file a claim themselves, the three-year deadline would start when they regain the capacity the make a claim. If the injured party never regains the mental capacity, a litigation friend could file the compensation claim on their behalf
- The time limit is set at 2 years for claims filed through the Criminal Injuries Compensation Authority (CICA), there may be exceptions.
If you need further help in proving liability for a head injury you sustained, please reach out to a member of the Legal Expert team. We provide free legal advice and can tell you if you have grounds to sue for compensation.
Typical Accident Scenarios That Could Cause Head Injuries
In many aspects of everyday life, you are owed a duty of care by another party. On the roads, all road users are tasked with providing each other with this duty not to cause avoidable harm. The Highway Code details ways in which we must keep each other safe. If you were to suffer an injury to the head sustained in a car accident as a passenger, driver, or while you were on a bus or other form of public transport caused by the negligence of a road user you could be eligible to make a claim.
While at work Health & Safety At Work etc Act 1974 applies a similar duty of care to employers to ensure that they keep their workers as reasonably safe as can be expected. If you are involved in an accident at work because your employer has neglected health and safety law and this has caused an injury to your head then again you could be eligible to pursue a claim
The Occupiers’ Liability Act 1957 is the legislation that states that those in control of public areas that the public are allowed to visit without invitation must be kept in a safe condition so members of the public are not injured.
Proving Liability To Receive Slip And Fall Head Injury Settlements
To prove liability, evidence will be needed to show who you think is responsible for the accident that caused your head injury. The type of proof required includes:
- Photos of where the accident happened
- Photos of your injuries
- Witness contact details
- A medical report detailing the severity of your head injuries and the prognosis
- Police report if they attended the incident or road traffic accident
The more evidence you can provide, the stronger your case will be and the more likely you will be able to prove liability. If you think you are partly to blame, you can still make a claim but contributory negligence would be factored into the amount of compensation you could receive.
Call our advisors for more information on slip and fall head injury settlements.
Determining Your Potential Compensation Payout
We have included a table showing amount brackets for specific injuries which we have based on the Judicial College Guidelines. You could also try using our compensation calculator to estimate how much you may be awarded for your head injury. The amounts cover general damages for injuries sustained they do not include figures for special damages.
| Type of Injury/harm suffered | Severity of the damage | General Damages | Further details |
|---|---|---|---|
| Head Injury | Minor | Up to £11,980 | Claimant suffers a less serious head injury where the prognosis is good and a full recovery is anticipated |
| Brain damage | Very Severe | £264,650 to £379,100 | Claimant loses almost all functions and therefore requires 24 / 7 care |
| Brain Damage | Moderately Severe | £205,580 to £264,650 | Claimant suffers extremely severe disability |
| Brain Damage | Moderate | £40,410 to £205,580 | Claimant is seriously impacted which affects their intellectual ability, personality and the claimant’s ability to work and lead a normal life |
| Brain Damage | Less Severe | £14,380 to £40,410 | Claimant suffers less serious brain damage and prognosis is more positive. Claimant will however suffer some lingering symptoms |
| Mental Anguish | £4,380 | Claimant experiences fear of impending death/ reduced life expectancy | |
| Psychiatric Damage | Severe | £51,460 to £108,620 | Claimant experiences extreme issues that negatively impacts all areas of their lives which includes relationships, working ability and problems with doing everyday things |
| Psychiatric Damage | Moderately Severe | £17,900 to £51,460 | Claimant suffers much like above but the prognosis is a lot more positive |
| Psychiatric Damage | Moderate | £5,500 to £17,900 | Claimant suffers much like above but shows a marked improvement as such the prognosis is much better |
| Psychiatric Damage | Less Severe | £1,440 to £5,500 | Claimant suffers some mental harm and the amount awarded would factor in how much their lives have been impacted |
| Post-Traumatic Stress Disorder | Severe | £56,180 to £94,470 | Claimant suffers serious symptoms linked to PTSD which negatively impacts their health and well-being. The claimant’s ability to work is seriously impacted |
| Post-Traumatic Stress Disorder | Moderate | £7,680 to £21,730 | Claimant suffers much like above however, the prognosis is much more positive |
For a clearer idea on how much your slip and fall head injury settlement could be valued at, please speak to a friendly adviser today.
What Could Make Up My Slip And Fall Head Injury Settlements?
As mentioned in the section above, you could also claim special damages if your case is successful. Special damages cover actual losses and expenses you incur which are directly linked to an injury you sustained. As such, you must provide proof of your losses and of your expenses in the form of receipts and relevant documentation.
The sort of losses and expenses you could seek include the following:
- Medical expenses
- Travel costs
- Care costs
- Loss of earnings and potential future earnings
- Home and vehicle adaptations
- All other expenses and losses directly linked to your injuries
Which Evidence Will I Need To Have A Valid Head Injury Claim?
You must provide as much evidence as you can to support a personal injury claim. Without enough proof, it will be harder to prove your case against a third party. The sort of evidence you should gather includes the following:
- Photos of your injuries and where the accident happened. This could include dashcam footage if you were in a road traffic accident, or CCTV footage if you were injured in a public place
- Witness contact details
- Police report if they attended a road traffic accident or an incident that left you with a head injury
- Work accident logbook
- Medical records
Could I Make A Claim With A No Win No Fee Solicitor?
During the slip and fall claims process, you might benefit from using a No Win No Fee solicitor. Alongside helping you collect evidence, they can make sure your head injury claim is submitted in full. If they offer their work under a Conditional Fee Agreement, which is a type of No Win No Fee arrangement, you typically won’t be charged a fee upfront or while your claim is ongoing.
Additionally, you aren’t expected to pay your solicitor for your work should your claim not succeed. A legally capped success fee is deducted from your compensation for a head injury, but only if your claim is successful. The Conditional Fee Agreements Order 2013 sets a cap on the percentage that solicitors can take.
If you would like to work with one of our specialist solicitors under a No Win No Fee contract, please don’t hesitate to get in touch for more information. You can do so by:
- Ringing our free 24/7 advice line on 0800 073 8804
- Using the live chat function in the bottom right corner of your screen
- Completing an online claim form for a free call back
Additional Resources About Slip And Fall Head Injury Settlements
- NHS head injury advice
- Government advice on head injuries and driving
- Brain injury advice from Headway Charity
- Brain injury compensation guide
- Psychological damage claims
- Post-traumatic stress disorder claims
- Learn more about slip, trip and fall claims here
- Find out how to claim if you fell down the stairs at work with our guide.
Thank you for taking the time to read our guide about slip and fall head injury settlements. We hope that this has provided you with the information you need. If you have any more questions that need answering please do not hesitate to call our advisors for free legal advice.
