Expert help with council negligence and personal injury claims

A personal injury is a legal term that describes any physical or psychological harm caused to a person, rather than to property. Personal injuries may vary from minor cuts and burns to broken bones and brain trauma. Some injuries can be life-changing and even fatal.

If you suffered an injury due to someone else’s negligence, you might be able to make a personal injury claim. This is a legal process you can bring against the liable party to recover financial compensation for the pain, suffering and financial losses you suffered.

Councils and local authorities have a duty of care to maintain public spaces and, in the case of highways, to take reasonable steps to inspect and repair them. If they fail to do this and it causes an accident resulting in personal injury, you could be entitled to make a compensation claim against the council.

Some of the most common council negligence cases include pavement accident claims and pothole accident claims. For over 15 years, we have been helping thousands of people claim compensation for injuries caused by these types of accidents.

But councils are not just responsible for maintaining roads and pavements. Local councils are often responsible for public parks, council houses, car parks, and many other areas used by thousands of people every day.

In most cases, councils are also responsible for primary and secondary schools. As a parent or legal guardian, you could be eligible to make a school accident claim on behalf of your child if they suffer an injury at school due to negligence.

Councils throughout the country also employ millions of people in a wide range of different job roles. As with employers in the private sector, councils and local authorities owe a duty of care to their employees. If they fail to do this and a council worker has an accident at work, the council can be held liable to pay compensation.

We work in partnership with The Compensation Experts, a trading name of Fletchers Solicitors Limited, who are a firm of personal injury solicitors regulated by the Solicitors Regulation Authority. This means we can help people make personal injury claims for all types of accidents, including:

Accidents in public places

If you were injured because of a hazard in a restaurant, supermarket, shop, or walkway due to poor maintenance or housekeeping, you might be able to make a public liability claim against the property owner or occupier.

Accidents at work

Employers have a legal duty to provide a safe working environment for employees. If they fail to take reasonable steps to protect your health and safety and you are injured as a result, they could be held liable in an accident at work claim.

Road traffic accidents

If someone else’s careless or dangerous behaviour on the road causes an accident and injury, you may be able to make a road traffic accident claim against them.

Medical negligence claims

If you suffered avoidable harm because a healthcare professional failed to provide a reasonable standard of care, you might be entitled to compensation through a medical negligence claim.

Accidents abroad

Accidents can also happen while travelling abroad for work or on holiday. If another party was at fault, you could still make your claim in the UK, or you may have to claim for an accident abroad directly overseas. Prompt legal advice is essential, as time limits can vary from country to country.

Industrial disease claims

If your employer has failed to protect you from exposure to harmful substances or unsafe conditions in the workplace, you may be entitled to make an industrial disease claim for compensation.

Some of the most common workplace illnesses include asbestosis, hearing loss, repetitive strain injuries, occupational asthma and dermatitis. As these may take many years or even decades to develop, you may still be eligible to claim even if you have changed jobs or your employer is no longer trading.

Yes, if you have a valid personal injury claim, you will be offered a no win no fee service. With no win no fee, you only pay your solicitor a fee if they successfully win your compensation claim. If your claim is unsuccessful, you won’t have to pay anything.

The success fee, which is the fee you pay your solicitor for winning your claim, can be up to 25% (including VAT) of your compensation award. This fee is deducted from your compensation, so there is nothing to pay in advance.

In some cases, other costs may be payable, such as legal protection insurance. If this is the case, your solicitor will fully explain this before you decide to proceed with your claim.

A termination fee could also be payable (based on the time spent on your case) if you fail to cooperate with your solicitor. Examples of where this may be applicable include deliberately misleading your solicitor (i.e. providing false information) and failing to attend a scheduled medical examination or a required court hearing.

If you believe you have valid grounds for a compensation claim, you should contact a personal injury solicitor as soon as possible. They will offer you a free case assessment and ask you some questions to verify your eligibility, such as:

• Was someone else at least partially at fault?
• Do you know the identity of the responsible party?
• If not, did you report the accident to the police?
• Did you seek medical care for your injuries?
• Did your accident happen in the last three years?

If you can proceed, your solicitor will guide you through the personal injury claims process, offering you support and advice at every step.

There are several steps you could take to support your personal injury claim, including:

• Collecting evidence of how the accident happened, such as photographs or CCTV footage
• Getting the names and contact details of other people involved in the accident and any witnesses
• Seeking prompt medical care to have documented evidence of your injuries
• Filing an accident report if you suffered an injury at work or in a public place
• Reporting the accident to the police if you were the victim of a violent crime
• Keeping detailed records about the accident, your symptoms, and how your injuries have affected your daily life, including any financial losses

Under the Limitation Act 1980, the time limit to make a personal injury claim is usually three years from either:

• The date on which your accident happened
• The date of knowledge of your injury

There are some exceptions to the three-year limitation period that apply to child injury claims, individuals who lack mental capacity and criminal injury claims.

Regardless of your circumstances, we would recommend that you start your claim as soon as possible, while the evidence is readily available and the details of the incident are still fresh.

The time it takes to settle each unique case depends on a number of factors, such as:

• The type of accident
• The severity of injuries and any permanent disability
• The time needed to gather evidence
• Whether the defendant admits liability
• The estimated value of your compensation

While a straightforward road accident claim could settle within 4 to 9 months, a complex, high-value medical negligence claim may take up to five years to conclude. Your solicitor can sometimes arrange for you to receive interim payments while the case is ongoing.

The amount of compensation you could receive depends on how severe your injury or illness was, its impact on your life and any related financial losses you incurred. When calculating your compensation award, your solicitor will consider two types of damages:

• General damages – the pain, suffering, and life changes caused by the injury. These include physical pain, psychological trauma, reduced quality of life and inability to pursue a hobby or attend social events.
• Special damages – the financial losses or expenses directly caused by your accident. These include loss of earnings, medical treatments and rehabilitation, home adaptations to fit your disability and the cost of care and assistance with daily tasks.

Compensation brackets for general damages are provided by the Judicial College Guidelines (JCG). Below are some examples based on the current (18th Edition) of the Guidelines:

• A serious thumb injury causing impaired grip and loss of dexterity — £17,000 - £22,000
• Moderate brain damage likely to affect the senses, with some dependence on others — £57,000 - £289,000
• Asbestos-related lung cancer — £93,000 - £129,000
• A moderate knee injury causing minor instability or weakness — £20,000 - £35,000
• A leg fracture or soft tissue injury causing some permanent issues, such as impaired mobility or a limp — £24,000 - £37,000
• A minor back injury recovering fully within 2-5 years — £10,000 - £17,000

Usually, it’s still possible to make a claim even if you were partly responsible for an accident, but your compensation may be reduced to reflect your share of the responsibility. This is known as contributory negligence, and you should seek legal advice before agreeing to any reduction.

Many people worry they might have to argue their case before a judge, but most personal injury claims are settled out of court in the UK. This offers several advantages to both the claimant and the defendant, so it is the preferred way to deal with a claim.