Compensation claims for accidents in the home

Thompsons Solicitors in Scotland wins more than 90% of the accident claims it takes on, each week securing around £1million in in compensation for its clients.

If you are among the 2.7 million people in the UK who each year require medical treatment following an accident in the home, we may be able to help you claim compensation for pain, suffering, medical expenses and lost earnings if the injuries you have suffered were caused by somebody else's negligence.

In the vast majority of claims of this nature, compensation is not paid out of the pocket of the homeowner; instead it is paid by the homeowner's, landlord's, or other party's insurance policy. These types of cover exist for a reason and it is your legal right to claim.

In the case of an accident caused as a result of a faulty piece of equipment or substandard work being done on your home, you may be able to claim against the manufacturer, retailer or tradesperson who supplied goods or completed the work.

What can you claim for?

To claim compensation for an accident in the home environment, you will need to prove that the homeowner, landlord or other party owed a duty of care and that their actions or omissions were wholly or partially responsible for your injury. Other possible defendants in a home accident claim include the following:

A freeholder.
A property management company.
An architect or builder.
A cleaner or other contractor
The manufacturer, importer or seller of a defective product you were using in your home.
A tradesperson – e.g. electrician or carpenter – who has carried out substandard or faulty work.

Furthermore, as there are strict time limits in place for the this type of legal action, the claim will need to be intimated within three years of the date of injury or, in the case of injured children, three years from the date on which the injured party turns sixteen if a claim has not been made on their behalf beforehand.

Claims for home accidents caused by a landlord

It can be very distressing making a home accident claim for personal injury caused by the negligence of a private landlord or local authority. However, it is important to remember that Scottish law has protections in place to prevent you from being the victim of a "revenge eviction" and it is your legal right to claim in these circumstances.

If you are considering making a claim against a landlord, your claim is likely to be assisted if you can provide evidence of damage or poor maintenance, records of any complaints or concerns you have made in relation to the issue as well as medical records detailing the timing and severity of your injuries.

Partial liability

The defendant does not need to be fully liable for your accident injuries in order for you to receive compensation. If you bear some responsibility for the incident, it may be possible to reach a split-liability agreement with defender.

In such a case, your compensation will be reduced by the percentage that you are deemed responsible for the accident – i.e. if you are 50% responsible, your settlement will be reduced by 50%; if you are 40% responsible, your settlement will be reduced by 40%, and so on.

Injured in your own home?

Many people mistakenly assume that they are automatically not entitled to compensation for an accident that has occurred in their own home. However, in many cases the incident may be attributable to another party's negligence or carelessness – i.e. a landlord, builder, tradesperson or other contractor. Speak with a specialist home accident claim solicitor to gain a deeper understanding of your rights and options in this circumstance.

Common home accident injury types

There are many types of home accident injuries, from incidents that result in relatively minor scratches or bruises to those that cause more serious head or spinal injuries. Some of the most common home injuries and accidents include the following:

Trampoline accidents
Window and glass door accidents
Home poisoning
Sharps injuries
Drowning-related accidents
Slips, trips and falls, including staircase accidents
Burn and scalding accidents
Falling object accidents

Home accident solicitors in Scotland

If you have suffered personal injury in an accident in your own home or in the private residence of another individual, you may be entitled to compensation for your pain, suffering, lost earnings and medical and other expenses.

Thompsons Solicitors in Scotland is a first-class legal firm with all the experience and expertise you need to ensure you have the best possible chance of securing the compensation you deserve.

In many cases we are able to represent our clients on a No Win, No Fee compensation claim basis, this means that you do not need any money to commence your claim and are protected from all possible costs, fees and disbursements if you lose your case. You only ever have to pay us in the event that you win your case; this payment is set as a pre-agreed percentage of your settlement and is not usually more than 20%.

For more information about how we may able to help you, contact Thompsons personal injury solicitors in Scotland today.