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Wheelchair Accident Claims – A Complete Guide How Much Compensation Can I Claim?

By Marianne Herondale. Last Updated 24th October 2024. Welcome to our wheelchair accident claims guide. If you have been unlucky enough to be involved in a wheelchair accident, and it was not your fault, you will be entitled to compensation so long as the incident occurred within the past three years.

Many different types of wheelchair accidents can happen. This ranges from accidents that have occurred due to wheelchair malfunctions, road traffic accidents, and much more.

No matter what has happened to you, you need to show that you have been owed a duty of care, that this care has been breached, and that this breach resulted in an injury to you. Here at Legal Expert, we have many years of experience in wheelchair accident claims, and we can help you get the compensation you deserve. Read on to discover everything you need to know about how to claim and get in touch for free legal advice:

A person sat in a wheelchair.

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What Is A Wheelchair Accident?

A wheelchair accident is any incident that has taken place while you were using a wheelchair. This could be an accident that has happened because the wheelchair has malfunctioned. It could be an accident that has happened because you have fallen out of the wheelchair for any reason.

Who Can Be Held Responsible For A Wheelchair Accident?

The responsibility of the wheelchair accident does depend on what has happened, as there are many different types of incidents that could occur. In many cases, especially with motorised and electric wheelchairs, it could be that there was a defect with the actual wheelchair.

As per product liability law, all manufacturers have a duty to make sure that their products are safe. While stringent tests are carried out, there are cases whereby products fall through the wire, and if this has happened, the manufacturer or designer will be held responsible.

Nevertheless, not all accidents happen because of issues with the wheelchair itself. There are cases whereby accidents take place due to uneven pavements or potholes. This will depend on where you have fallen, i.e. if the council somewhere owns it or if it is private or commercial land. Accidents can also happen if a driver has crashed into someone in a wheelchair.

Please speak to us if you wish to learn more about how wheelchair accident claims work.

Wheelchair Accidents Due To Unsafe Chairs

By law, all manufacturers are required to provide products that are safe for public use. Anything unsafe should not be made available for sale. There are three types of product liability cases that could occur. These are as follows:

  • Defects in design – This relates to incidents whereby the design of the wheelchair is inherently flawed in a manner that renders it unreasonably dangerous.
  • Any defects in manufacturing – This relates to incidents whereby the wheelchair has not been manufactured properly and, therefore, does not match the intended design.
  • Defects in warnings – This relates to incidents whereby adequate instructions have not been provided with the wheelchair.

Any of these issues could result in the victim successfully filing wheelchair accident claims.

Any Wheelchair Accidents At Work

Another type of claim that we have helped many people to secure compensation for is workplace accident claims. All employers are charged with a responsibility to make sure that the working environment is healthy and safe. If they have not done so, then you have grounds for compensation. There are many different ways your employer could be responsible. This could be that they have allowed you to carry out a job you were not qualified for, they have not carried out a risk assessment, or they have provided unsafe wheelchair access throughout the business premises.

Wheelchair Accidents On The Road

All road users need to navigate their way around in a way that keeps themselves and others safe. This is their duty of care. They also have to stay in line with the Road Traffic Act 1988 and the Highway Code to achieve this. A failure could lead to someone, such as a wheelchair user, being harmed in an accident.

For example, someone in a wheelchair is using a zebra crossing. A driver is looking at their phone and doesn’t see the person crossing until it is too late. They knock the person out of their wheelchair, causing broken bones and a head injury. As a result, the injured person makes a wheelchair accident compensation claim against the driver.

Any Wheelchair Accidents In Public Places

If you suffer an injury on commercial premises, you will file wheelchair accident claims against the building owner. This could be a supermarket, a retail store, or any other type of commercial premises. Injuries can happen due to unsafe wheelchair access, wet floors without adequate warning signs, and such.

Who Should Provide Safe Wheelchair Access / Ramp

When determining whether you have the basis for a compensation claim, you need to decipher whether safe wheelchair access should have been provided or not. You will find that, in most cases, it should have been. There have been several legislations that have been put in place in the UK regarding this. The Equality Act 2010 is a prime example of this.

This act says that adjustments and changes need to be made so that disabled people can access private clubs and associations, like the Guides and the Scouts, and goods and services – such as council offices, hospitals and banks – housing, employment, and education. Not only this but since 1999, all companies in the United Kingdom have been told that they must make the required changes to their buildings to make sure that wheelchair users can access them without any challenges.

What Do I Need To Prove Wheelchair Accident Claims?

If you are thinking about claiming for a wheelchair accident, three things need to be proven. The criteria for successful wheelchair accident claims are as follows:

  1. You need to prove that someone owed you a certain duty of care.
  2. Then you need to prove that this duty or responsibility was breached.
  3. And you need to prove that this action or inaction has resulted in an injury.

So, for example, if you are claiming because of a fault with your wheelchair, you will first show that the manufacturer owed you a duty of care, which they did because they made the wheelchair available for sale. You, secondly, need to show that the manufacturer broke this duty of care, which they did because the wheelchair was not designed and manufactured to a safe standard. Thirdly, you need to show that the issue in the design and/or manufacturing process caused the injury you sustained.

To prove you were injured, you will attend a medical appointment. A medical professional will assess the severity of your injuries; the findings of this assessment will be key evidence for your claim.

Of course, the solicitor that you hire will largely be responsible for the compensation you go on to receive. They will help you to build a strong case. However, you do need to make sure that the three principles above apply to your claim. If you are unsure whether that is the case, give us a call, and we will advise you further.

How Much Can I Claim For Wheelchair Accident Claims?

You may be interested to know how much compensation is awarded to people making successful wheelchair accident claims. The truth is that every case is unique. This is particularly true because payments can address up to two types of damage, each of which could affect someone totally differently.

General damages compensate for physical harm and mental suffering caused by an accident, and appear in all successful settlements.

Special damages, however, might not. They account for financial loss brought on by the harm you’ve suffered, like lost earnings, medical fees or travel costs. These costs will have to be proven with evidence such as bank statements and payslips.

General damages will be determined during the claim. Those working out a value can use the Judicial College Guidelines (JCG), alongside your medical records. The JCG sets out compensation guidelines for a range of injuries, and we have used some of these figures below.

Compensation Guide

Please bear in mind that the JCG is just a guide. Also, the top line is not taken from the document.

  • Multiple severe injuries with special damages for lost earnings and other financial costs – up to £500,000+
  • Moderately severe brain damage leaving the person seriously disabled – £267,340 to £344,150.
  • Less severe brain damage where the person still has memory and concentration issues despite a good recovery – £18,700 to £52,550.
  • Severe back injuries involving damage to the nerve roots and spinal cord – £111,150 to £196,450.
  • A severe leg injury that is very serious and causes permanent mobility issues – £66,920 to £109,290.
  • A severe knee injury where a leg fracture has extended into the knee joint – £63,610 to £85,100.
  • For a wrist injury involving disability that is serious and permanent, the payment could be £29,900 to £47,810.
  • Moderate foot injuries involving displaced metatarsal fractures – £16,770 to £30,500.

A serious shoulder injury involving the shoulder being dislocated – £15,580 to £23,430.

Give us a call if you’d like to get a more comprehensive review of what you could claim for.

No Win No Fee Wheelchair Accident Claims

Hopefully, you now have a better understanding of wheelchair accident claims. Another important factor to consider is how you will pay for the legal service. The best thing to do is to go for a No Win No Fee service.

This means that the solicitor will take a percentage of your payout as their fee for the service they have provided you with. This will be a percentage that you have both agreed on beforehand.

So, what happens if your case fails and you do not have any compensation at the end of it? You won’t need to pay a penny. This makes sure that you are protected financially and that you will never be out of pocket, no matter the outcome of your case.

Beginning Wheelchair Accidents Claims With Us

If you are ready to bring a claim with Legal Expert, all you need to do is give us a call. We also have several other ways for you to contact our team, and we will provide you with free advice, which comes with no obligation to continue with our service. So, what are you waiting for? Dial us today on 0800 073 8804, and we will happily help you. This line is open every day of the week – even on Sunday! – and our opening hours are from 9 am until 9 pm. You can also request a free call-back through our website if you would prefer.

We also have a live chat feature and an online contact form for you to submit your enquiry, and we will get back to you through email. Even if you are still unsure whether you could have cause to claim, wish to know more about our services and how they work, or want to ask other advice about claiming, we will be sure to help guide you.

Helpful Links

Wheelchair services – NHS

This link guides you to the NHS website, where you will find information on how the NHS is working to improve wheelchair services:

Citizens Advice Guide Duty to make reasonable adjustments for disabled people

Information on organisations like employers, shops, local authorities and schools must take steps to remove the barriers you face because of your disability. Find out more.

Disability Rights

This link takes you to the UK Government website, where you will find information on disability rights in the UK, including employment, education, and much more.

HSE On Health and safety for disabled people

The Health and Safety Executive have information on Health and safety legislation and employees with disabilities.

Other Useful Compensation Guides

Thank you for reading our wheelchair accident claims guide.