Claims For Accidents In Public Places – What Are The Pre Action Protocols?

Pre Action Protocols

Claims For Accidents In Public Places – What Are The Pre Action Protocols

This guide will explain the pre-action protocols for personal injury claims made after an accident in a public place. We will be discussing the Pre-Action Protocol for Low Value Personal Injury Claims. This describes the procedures the court expects parties to carry out before the beginning of proceedings where the damages are valued at no higher than £25,000. This is applicable to public liability claims. The court is able to impose cost sanctions if this protocol has not been followed. 

If you have been injured in an accident in a public place, you may wonder what steps you could take. As we move through this guide, we will discuss the requirements that must be met to make a public liability claim and the relevant pre-action protocols. What’s more, we will provide a table containing guideline compensation brackets for some of the injuries you could sustain in a public place. 

If you would like to make an enquiry about your claim, please get in touch with a member of our team. Our advisors are available 24 hours a day, 7 days a week, to provide confidential and free legal advice. 

To speak to an advisor, you can:

Jump To A Section

  1. What Are The Pre Action Protocols When Claiming For Accidents In Public Places?
  2. Who Could Claim For Accidents In A Public Place?
  3. Where Could Public Place Accidents Occur And What Injuries Could Be Caused?
  4. Compensation Payouts For Accidents In Public Places
  5. Contact Us To Learn More About No Win No Fee Personal Injury Claims
  6. Find More Advice On The Pre Action Protocols When Claimaing For Accidents In Public Places

What Are The Pre Action Protocols When Claiming For Accidents In Public Places? 

Objectives of Pre-action Protocols

  1. Know the position of each other
  2. Decide how to proceed
  3. Try to come to a settlement to prevent court action
  4. If a settlement or agreement cannot be reached, look to Alternative Dispute Resolution
  5. Ensure that you are taking these protocols seriously
  6. Lower the costs of resolving the dispute

There are stages of the pre-action protocol process for low-value public liability claims:

Stage 1:

  • Completion of the Claim Notification Form – Notifying the defendant of the claim.
  • Rehabilitation – Details of rehabilitation that is needed.
  • Response – The defendant must respond to the claimant
  • Application for a certificate of recoverable benefits – Compensation Recovery Unit 
  • Contributory Negligence, liability not admitted or failure to respond – This looks at any dispute of liability.

Stage 2:

  • Medical reports – Independent medical assessment – this will take into account whether one is needed or more is required.
  • Specialist Legal Advice – May be needed if the injury is complex to calculate an award.
  • Loss of Earnings – Calculate loss of wages.
  • Witness Statements – Not always required.
  • Request Interm Payment – Claimants can request some of the compensation to be paid earlier.
  • Consideration of Claim – The claim is evaluated. At this time, an offer can be made.
  • Defendant Accepts Offer or Makes Counter-Offer – The claim can be settled here.

Please note that not all components of each stage have been included in the above. Some parts have been left out but can be found at Pre-Action Protocol for Low Value Personal Injury. If an agreement cannot be reached, the next stage is the third one, where proceedings may be issued.

Who Could Claim For Accidents In A Public Place? 

Under the Occupiers’ Liability Act 1957, the party responsible for a public place owes a duty of care to all visitors. This duty means that the responsible party must carry out steps to ensure the reasonable safety of their visitors. These steps can include carrying out risk assessments and providing proper signage to warn of hazards.  

Therefore, to be eligible to make a public liability claim, the following must apply to your case: 

  • Firstly, the party responsible for a public place owed you a duty of care.
  • Secondly, they breached this duty of care. 
  • Consequently, you sustained either physical injuries or psychological harm, or both.

This is the definition of negligence for which you could be eligible to make a personal injury claim. Please contact a member of our team to learn whether you may have valid grounds to bring forward a compensation claim. 

Limitation Periods For Public Liability Claims 

The Limitation Act 1980 outlines the time limits for starting a public liability claim. It states that a claim should be started within three years from the date of the accident in which you were injured or within three years from the date of knowledge. This is when you learned of negligence. 

There are some exceptions to these limitation periods. For example, if the person was under 18 years old when the accident occurred, they will have three years to start their claim from their eighteenth birthday. Additionally, if the person lacks the mental capacity to make a claim, the three-year time limit will not apply until they have recovered.

Alternatively, the court could appoint a litigation friend to make the claim on the person’s behalf in these instances. If you want to enquire about the claim’s time limits or the time limits applicable to the pre-action protocols, speak to one of our advisors.      

Where Could Public Place Accidents Occur And What Injuries Could Be Caused?  

Public place accidents can happen in various locations due to various causes. For example:  

  • Slips, trips and falls resulting from a wet floor in a supermarket.
  • A fall from a height due to a broken railing on the second floor of a shopping centre 

These accidents could result in injuries, for which you may be eligible to claim personal injury compensation if they were caused by the party responsible for the public place breaching their duty of care. We will discuss these potential injuries in the following section. 

How Could You Be Harmed? 

Various injuries could be sustained in an accident in a public place. They may range from minor, with little impact on your quality of life, to severe and life-altering. These could include:

Please speak to a member of our team to learn whether you could be eligible to make a public liability claim. 

Compensation Payouts For Accidents In Public Places 

An award for a successful personal injury claim made following an accident in a public place can be comprised of up to two heads: general damages and special damages.

Firstly, general damages can account for the psychiatric harm and the physical pain and suffering caused by your injuries. Personal injury solicitors can use the Judicial College Guidelines (JCG) to aid them in the process of valuing compensation under general damages. We have also referred to this document to create the table below containing guideline compensation brackets for various injuries that could be sustained in a public place. 

Guideline Compensation Table

Edit
Type of Injury Severity Notes Guideline Compensation Brackets
Neck Injuries Moderate (b)(ii) Cases in this bracket will involve wrenching-type or soft-tissue injuries and severe disc lesion causing permanent or recurring pain and further problems. £13,740 to £24,990
Foot Injuries Moderate (f) The person will have a permanent deformity and persisting symptoms caused by displaced metatarsal fractures. £13,740 to £24,990
Wrist Injuries Less Severe (c) Injuries in this bracket will be less severe but still lead to some permanent disability, for example, an amount of persisting pain and stiffness. £12,590 to £24,500
Shoulder Injuries Serious (b) Injuries in this bracket can involve shoulder dislocation and damage to the lower portion of the brachial plexus. This will cause pain, sensory symptoms, aching, and a weakened grip. £12,770 to £19,200
Arm Injuries Simple Fractures (d) Fractures of the forearm which are simple in nature. £6,610 to £19,200
Toe Injuries Serious (d) Injuries in this bracket include serious damage to the great toe. Additionally, it includes crushing and multiple fractures of two or more toes. The person will have some permanent disability, such as pain or sensitive scarring. £9,600 to £13,740
Ankle Injuries Modest (d) Minor, less serious, or undisplaced sprains, fractures, and ligament injuries. Up to £13,740
Hand Injuries Moderate (h) This bracket can cover crush injuries, soft tissue type and deep lacerations, and penetrating wounds. £5,720 to £13,280
Hand Injuries Index Finger Fracture (j) The fracture will have quickly mended but the person’s grip will remain impaired, osteoarthritis is likely and pain will be present on heavy use. £9,110 to £12,240
Hand Injuries Soft Tissue Injury or Severe Thumb Dislocation (v) Injuries within this bracket will involve some minor but permanent loss of function. £6,340 to £7,780

  

These figures are a guide and should not be considered an exact representation of the amount you will receive. 

How Special Damages Could Also Compensate You 

Furthermore, the award for a successful personal injury claim could also cover the past and future financial losses incurred due to your injuries under the special damages head of claim. This could account for any medical expenses, loss of earnings, travel costs and care costs.

Although it is important to advise that you keep or obtain evidence of these losses, as you could be asked to prove them. This evidence could include travel tickets, invoices, payslips and bank records.  

Please contact our advisors if you would like to enquire about the personal injury compensation you may be eligible to receive for a successful public liability claim. 

Contact Us To Learn More About No Win No Fee Personal Injury Claims 

Would you like a free assessment of your claim? Contact our advisors. Should they discover that you could have valid grounds to make a public liability claim, they may put you in contact with one of our No Win No Fee solicitors. Working with a solicitor may be beneficial, as they can assist you with the pre-action protocols and offer advice regarding the claims process. 

Also, a No Win No Fee solicitor can present you with an offer to enter into a Conditional Fee Agreement (CFA). This would generally mean that your solicitor would not charge you fees for their services upfront, whilst your claim is ongoing or if the outcome of your claim is unsuccessful.   

On the other hand, when a claim resolves successfully, a solicitor under a CFA can deduct a small percentage of the compensation. This is known as a success fee and will be discussed with you before you enter into the arrangement. Also, the legislation caps that amount that a solicitor can deduct.  

Contact Us For Advice On The Pre Action Protocols 

Please get in touch with our team of advisors to discuss your claim today. They can provide you with further advice on the pre-action protocols you must follow. 

You can:

Find More Advice On The Pre Action Protocols When Claiming For Accidents In Public Places 

Please take a look at more of the guides on our website: 

Also, explore some of these external pages for further support and information: 

Thank you for reading this guide to the pre-action protocols for public liability claims.