Falling object injury compensation claims

Why seek compensation and who is responsible?

When you’re injured by a falling object, seeking compensation isn’t just about the money. It’s about getting justice and support for the disruption and pain caused to your life. The compensation can help cover medical costs, lost wages, acknowledge the pain and suffering you’ve experienced, and cover other expenses you might face because of the injury.

But who is responsible? The answer often depends on where and how the accident happened. For instance:

• If an object falls on you in a shop, the shop owner may be held responsible for not ensuring the safety of their premises.

• If you’re at work, it could be your employer’s responsibility to provide a safe working environment, and their failure in this duty could make them liable.

• In public areas, such as walking past a building site, the construction company might be responsible for ensuring objects are securely fastened and don’t pose a risk to passersby.

• In some situations, the responsibility might be shared among several parties. For example, if you’re walking through a shopping centre and an object falls from a renovation site, both the shopping centre management and the construction company might be accountable.

Each case is unique, so it’s important to speak to a trained legal adviser who can help you to understand the specifics of your case. They can help you identify who is at fault and guide you on the best course of action to take for your claim.

Remember, making a claim isn’t just about you; it’s about holding the right people accountable for their actions or negligence, and ensuring the responsible parties take steps to prevent such accidents in the future, making it safer for everyone.

How falling object injury accidents can occur

Falling object injury accidents happen in a variety of unexpected and often overlooked ways, impacting your life when you least expect it. Some common scenarios include:

In the workplace

Imagine you’re at work, and due to poorly secured items on high shelves or overloaded storage areas, something falls. This could be because of a lack of proper storage protocols or inadequate employee training on safety measures. In industrial settings, items like tools or materials might be accidentally knocked off scaffolding or higher floors, posing a serious risk.

Construction sites

Building sites are particularly prone to falling objects. Tools, materials, or debris can easily fall if not correctly secured, especially when work is being done overhead. The bustling nature of these sites increases the risk, especially if safety measures aren’t strictly adhered to.

Public spaces

In areas like shopping centres, parks, or streets, you might not even consider the potential danger. However, loose signboards, unsecured decorations, or even weak tree branches can become hazards. Regular maintenance is essential in these spaces to ensure public safety.

Residential areas

In apartment buildings or housing estates, objects falling from balconies or windows can be a risk, particularly where there are no safeguards in place to prevent such occurrences.

When responsibilities to ensure safety are neglected, and an accident occurs, it lays the foundation for a strong compensation claim, as it demonstrates a clear lapse in duty of care.

To find out more about making a falling object claim, call 0800 234 6438 and speak with a trained legal adviser today. If they believe you have a claim to pursue, they’ll partner you with a specialist personal injury claim solicitor who will represent you on a no win no fee basis.

Common causes of falling object injury accidents

Falling object injuries often stem from a few common causes:

• Poorly secured items: This is common in shops, offices, and industrial areas. Objects that aren’t properly secured can easily fall due to accidental bumps, vibrations, or even just the force of gravity.

• Lack of safety measures in construction areas: Construction sites should have safety measures like barriers or netting to catch falling objects. When these measures are missing or insufficient, tools and materials can fall and injure passersby or workers.

• Neglected maintenance: Public spaces and buildings need regular checks. Failing to maintain or secure fixtures, like signs or lighting, can lead to accidents.

• Improper storage: In workplaces, incorrect or overstocked shelving and storage systems can cause objects to fall. This is especially true in stores and warehouses where goods are regularly moved.

What to do if you’ve been injured by a falling object

If you’ve been hit by a falling object, taking the right steps can be crucial for your health and for the successful outcome of your falling object injury claim:

Seek medical attention immediately

Even if the injury appears minor, internal injuries or concussions might not be immediately obvious. A doctor can assess and document your injuries, which is vital for your health and provides essential records for your claim.

Report the incident right away

If the incident happens in a public place like a shop or workplace, report it to the manager or supervisor. This should be done as soon as possible to ensure the details are recorded accurately. If at work, it’s also necessary for compliance with health and safety regulations.

Gather evidence at the scene

If you can, take photographs of where the incident occurred, the object that fell, and any visible injuries you have. If there are witnesses, politely ask for their contact details; their accounts can be invaluable to your claim.

Keep detailed records of everything related to the incident

This includes all medical reports and receipts for expenses such as treatment costs, medication, and travel expenses to medical appointments. Also, keep a record of any work days missed due to your injury.

Consult with a legal adviser who specialises in injury claims

If you think you might be eligible to make a personal injury compensation claim, call 0800 234 6438 and speak with a trained legal adviser today. If they believe you have a claim, they’ll partner you with a specialist personal injury solicitor who will represent you on a ‘no win, no fee’ basis.

Be cautious in discussions about the incident

Until you’ve received legal advice, avoid making statements about who was at fault or the specifics of the incident to the property owners or their representatives. What you say could impact your compensation claim.

What evidence to collect to support claim

After a falling object injury, collecting strong evidence is essential to support your compensation claim. It’s about proving not just that the accident happened, but also demonstrating the extent of your injuries and the impact they’ve had on your life.

A few key pieces of evidence you should gather to build a robust case include:

• Photographs of the scene: Take clear photos of where the accident occurred, including any signage or lack thereof, the object that fell, and the surroundings. These can help demonstrate the conditions that led to the accident.

• Medical records: Obtain all your medical documents related to the injury. This includes initial medical reports, treatment details, prescriptions, and records of any ongoing medical care. These documents are key in proving the extent of your injuries.

• Witness statements: If anyone saw the incident, their account could be vital. Get their contact information and, if possible, a written statement of what they saw.

• Incident report: If you reported the accident at the scene, such as to a manager or supervisor, ensure you have a copy of this report. It serves as an official record that the incident occurred.

• Work absence and lost earnings records: If you had to take time off work, keep records of the days missed and any related loss of income. This is important for claiming any lost earnings.

• Receipts and invoices: Keep all receipts and invoices for expenses incurred due to the injury, like medical bills, travel costs to medical appointments, and any costs for care or assistance you needed.

• A diary or notes on your recovery: Documenting your recovery process, how the injury affects your daily life, and any pain or suffering you experience can provide valuable context.

What is the falling object compensation claims process

Understanding the process to claim compensation after a falling object injury is important. In general the steps are as follows:

1. Initial consultation with a legal advisor: The first step is talking to a legal advisor or solicitor who specialises in personal injury claims. They’ll look at your case and tell you how likely you are to win and what to do next.
2. Gathering evidence: As discussed earlier, collecting evidence is critical. This includes medical records, photos of the scene, witness statements, and any other relevant documentation.
3. Submitting your claim: Your solicitor will help you put together and send off your claim. This includes details about the incident, the injuries you suffered, and how they’ve affected your life, along with your evidence.
4. Negotiations and settling your claim: Often, the person or company responsible for your injury (or their insurance company) will offer you money to settle the claim. Your solicitor will talk to them on your behalf to try and get a fair amount.
5. Going to court if needed: If you can’t agree on a settlement, your case might go to court. Your solicitor will represent you, showing your evidence to a judge who will decide how much compensation you should get.
6. Getting your compensation: Once your claim is settled, either through negotiations or a court decision, you’ll get your compensation. This money is meant to cover your losses and the injuries you’ve had.

Having an experienced personal injury solicitor to guide you through this process is crucial. They can give you expert advice and take care of the legal side of things, so you can concentrate on getting better.

Time limits for falling object injury claims

If you’ve been injured by a falling object, it’s important to act quickly – not just for your health, but also to ensure your claim is valid. In the UK, there are specific time limits for making a compensation claim.

From the day of your accident, a clock starts ticking. You generally have three years to make your claim. This time frame is known as the ‘limitation period‘. It’s designed to ensure claims are made while evidence is still fresh and reliable.

However, there are cases where you might only realise the extent of your injury or its connection to the accident at a later date. In such instances, the three-year period may begin from this moment of realisation, often referred to as the ‘date of knowledge‘.

This three-year limit has exceptions. For children, the countdown starts on their 18th birthday, giving them time until they turn 21 to claim compensation. For those who lack mental capacity, the time limits may be extended, often depending on when they regain capacity.

Missing these time limits can mean losing your right to claim. If you’re in doubt, get in touch with a legal professional sooner rather than later is always a wise decision. They can provide guidance tailored to your specific situation and help ensure you don’t miss your window for seeking justice and compensation.