Uneven Pavement Injury Claims

Can I claim compensation for falling on a pavement?

If you tripped and fell on uneven pavement and suffered injuries, you may be able to make an uneven pavement accident claim.

Some typical causes of pavement accidents include:

• Raised or uneven pavement slabs
• Potholes in concrete or tarmac pavements
• Excess mud or dirt that hasn’t been cleaned up
• Poor pavement repairs or temporary fixes

If you were injured due to a pavement defect, we could help you access support and compensation. Get in touch with our team for a free initial chat.

I tripped and fell on uneven pavement – who should be held responsible?

Under the 1980s Highways Act, local councils have a responsibility for maintaining the pavements in their area. This means that they should:

• Identify and fix any problems that could be a danger to pedestrians
• Mark any hazards with clear signage
• Regularly inspect roads and pathways for defects – especially in busier areas
• Respond to public complaints about footpath defects within a reasonable timeframe

If you’ve tripped or fallen on uneven pavement, and you’re able to prove it was caused by the council’s negligence, you could have grounds to make a claim against them.

Suing the council for uneven pavement – step by step

1. Take photos of the defect
If you can, photograph the pothole or loose paving as soon as possible. Make sure to capture the surrounding area and take pictures from more than one angle.

2. Speak to a legal professional
We can put you in touch with an experienced solicitor who will assess your case and gather further evidence such as medical records and witness statements.

3. Submit your claim to the council
Your solicitor will formally notify the council of your claim.

4. Responsibility accepted or denied
After being notified, the council will review your claim and decide whether to accept or deny responsibility for your injuries.

5. Negotiation and settlement
If responsibility is accepted, negotiations for your final settlement will begin. If it is denied, your case may go to court – but this is increasingly rare, and your solicitor will do all they can to reach a fair settlement without court proceedings.

We know that this process can sound daunting, but your solicitor will be there to guide you throughout. They’ll answer any questions you may have and make sure you’re kept up to date from start to finish.

How much compensation will I receive for tripping on a pavement?

If you tripped and fell on uneven pavement, the amount of compensation you receive will typically depend on the severity of your injury and any financial losses. Compensation for a pavement accident claim will be based on:

• Your pain and suffering (physical and emotional)
• Your quality of life after the accident
• Lost earnings if you’ve had to take time off work to recover
• Your future earning potential (if you’re unable to return to your previous role)
• Medical treatment and care expenses
• The cost of mobility aids and home adaptations

After gathering the details of your case, your solicitor will be able to give you a more accurate prediction of how much your claim could be worth. To do this, they’ll follow the Judicial Guidelines:

How can First4Lawyers help?

Our personal injury solicitors are experienced in handling pavement accident claims. They’ll work on your behalf to get the outcome you deserve.

The thought of suing a council for uneven pavement can feel overwhelming. But our solicitors will do everything they can to make the process as stress-free as possible.

For these types of claims, we work on a No Win No Fee basis. So you don’t have to worry about paying us anything upfront, and there will be no fee to pay if your case is unsuccessful.

What evidence is needed for uneven pavement accident claims?

For your claim to be successful, you’ll need to be able to prove that the accident was a direct result of the council’s negligence. To do this, you should try to gather evidence including:

• CCTV footage
  If your fall happened near a business or someone’s home, it may have been caught on video. Many people now have doorbells that record the surrounding area, so it could be worth checking if footage is available.
• Medical notes
  We would always suggest seeing a doctor about your injuries. Not only will this ensure you get the care you need, it will also provide medical records that could be used as evidence.
• Photos of your injuries
  Try to take photos of the injuries you suffered, no matter how minor they might seem. These could be used later on when proving the extent of your pain and suffering.
• Photos of where you tripped
  This may not always be possible straight away, but try to take photos of the place where you tripped as soon as you can. The council may fix the defect after your accident, so having photographic evidence could be vital.
• Witness details
  If you’re able to, try to get the contact details of anyone who witnessed your accident. Your solicitor will use these to gather witness statements that support your memory of events and strengthen your claim.

We’d also suggest asking local residents or businesses if they had noticed the defect in the pavement that led to your fall. They may be able to tell you how long it had been there unchecked before your accident.

If we’re able to take on your case, you’ll be assigned a solicitor who will help you to gather the evidence needed to support your claim.

How long do I have to make an uneven pavement accident claim?

You’ll typically have three years to make a pavement accident claim. This may seem like a long time, but we’d always suggest speaking to a legal professional as soon as possible.

Seeking legal advice early will help you work out where you stand, so you can make the best decision for you.

There are some exceptions to the time limit, though. For instance, if you’re claiming on behalf of a child, you’ll have until they’re 18 to make a claim. After this, they’ll have until their 21st birthday to take legal action.

Similarly, if you’re claiming on behalf of someone who is lacking mental capacity – meaning they’re unable to bring their own case – you won’t face the same time limits.

I tripped and fell on uneven pavement – what do I do now?

If you’ve suffered a pavement accident, the most important thing to do is seek medical attention. Even if you think your injuries don’t need looking at, it’s always best to make sure.

After you’ve done this, you could consider making a claim. Our friendly team can advise you as part of a free initial consultation. They’ll discuss what happened with you and answer any questions you may have.

If we think you could have a strong case, the next step will be matching you with one of our expert solicitors. At this stage, you’ll be able to decide whether you’d like to go forward or not. We’ll never pressure you either way.

To find out more about how we could support you, call us on the number at the top of the screen or request a callback. We also have a quick and easy online form if you’d prefer to reach us this way.

We’re here to support you through every step of the process.