Claims Against the Council for Personal Injury

Local councils are responsible for maintaining public spaces, roads and pavements to ensure that they are safe for everyone. When this duty of care is breached, serious accidents can occur. This can often lead to long term consequences for those involved and can severely impact their quality of life.

Making a claim against a council for personal injury involves demonstrating that the council was responsible for the area or activity where the injury occurred and that their negligence directly led to the injury. If you would like more information on the process of making a claim with one of our expert personal injury solicitors, then please do not hesitate to get in touch with us today.

Common accidents that lead to claims against the council

Several common types of accidents can lead to personal injury claims against the council. These accidents often arise due to the council’s failure to maintain public spaces or provide adequate safety measures. Some of the most common accidents that we see include

Slips, trips, and falls – Uneven, cracked, or poorly maintained pavements are a common cause of trips and falls. Loose paving stones, potholes, or poorly repaired surfaces can create hazards, especially in areas with high foot traffic. Councils are also responsible for ensuring that public walkways are safe during adverse weather conditions. Failing to clear snow, ice, or standing water can lead to dangerous slipping hazards.

Accidents in parks and playgrounds – Public parks and playgrounds are often managed by local councils. Injuries can occur due to poorly maintained equipment, hazardous conditions like broken glass or uneven ground, or failure to secure the area properly.

Falls due to inadequate lighting – Poorly lit areas, particularly at night, can increase the risk of accidents. Councils have a duty to ensure that public spaces, such as streets and parks, are adequately lit to prevent injuries.

Accidents on council-managed roads – Potholes, poor road surfaces, and inadequate signage on roads managed by the council can lead to accidents, particularly for cyclists and motorcyclists, who are more vulnerable to such hazards.

Building defects – Buildings and structures owned by the council, such as public libraries, community centres, or car parks, must be maintained to a safe standard. Injuries sustained can result from defects like broken steps, faulty handrails, or falling debris.

What is the process of making a claim against the council?

Filing an accident claim against the council can feel daunting, especially if you’re unfamiliar with the process. To begin, contact Beacon Law using the provided details or complete the form to request a call back from one of our expert solicitors. Our team will offer specialist legal advice, guide you through each step, and address any questions you may have.

Your solicitor will send a letter of claim to the council, detailing the nature of the accident, the injuries you sustained, and the evidence of the council’s negligence. The council typically has three months to respond, either accepting or denying liability.

If the council accepts liability, your solicitor will begin negotiations to secure a compensation settlement. This amount will be based on the severity of your injuries, the financial losses you’ve incurred, and the impact the injury has had on your life. Most cases are settled at this stage, avoiding the need for court proceedings.

However, if the council denies liability or a settlement cannot be agreed upon, the case may proceed to court. If this happens, your solicitor will represent you in court, where a judge will review the evidence and make a final decision.

The entire process can take several months or longer, depending on the complexity of the case and how the council responds. With the help of an experienced solicitor, the process is much smoother, and your chances of receiving fair compensation are significantly improved.

Making a claim should not leave you out of pocket. You will not be required to pay any of our legal fees if your claim fails, as long as you are honest with us and co-operate throughout the legal process. This is because we offer a specialist ‘No Win No Fee’ basis agreement to all our potential clients.

For more details on the claims process for a personal injury claim, please see our page on this specifically.

How much compensation could I receive?

The amount of compensation you receive for your claim against the council will vary depending on a number of factors, including the pain and suffering caused. We will base the valuation of your general damages on recent case law, as well as guidelines set out by the Judicial College.

You will also be able to make a claim for special damages, which include additional financial losses sustained as a result of your injuries. These can include:

• Loss of earnings if you required time off due to the accident or if you have been required to change or leave your employment as a result.
• Travel costs – for travel to and from medical appointments.
• Parking costs at medical appointments.
• Care and Assistance compensation for any paid or additional unpaid care required as a result of the accident; this can include care provided by a family member.
• Medical treatment expenses
• Costs of making any required adjustments to your home as the result of your injuries.

You should ensure that you keep all receipts and invoices for your additional losses, as these will be required to prove your losses. We may also be able to negotiate for interim payments to help any financial burdens you incur whilst the claim process is ongoing.

Time limits for claims against the council

In the UK, there are specific time limits, known as limitation periods, for making a personal injury compensation claim. These time limits are set out in the Limitation Act 1980. The general time limit for personal injury claims, including claims against the council, is three years from the date of the accident or from the date when the injured person became aware of their injury and its connection to the accident.

However, it is important to note that there are some exceptions and variations to the general limitation period. These exceptions include the following:

• Minors: If the injury claim involves a person who was under the age of 18 at the time when the accident occurred, the three-year limitation period does not begin they turn 18. In such cases, a claim can be made at any time before the person turns 21.
• Mental Capacity: If the injured person lacks the mental capacity to make legal decisions, there is no time limit for making a claim. The limitation period only starts when the person regains capacity.
• Time Extensions: In exceptional circumstances, the court has the discretion to extend the limitation period. This typically occurs in cases where the nature of the injury or the circumstances make it difficult for the injured person to pursue a claim within the standard time frame.

How can Beacon Law assist?

At Beacon Law, our team of personal injury solicitors are highly experienced and capable of assisting clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, continually providing a high standard of service.

To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have suffered injuries at the fault of the council, then please call us today at 0330 1332 857 to start a council liability claim or complete our contact form at the top of the page to request a call back from a member of our personal injury team.

Beacon Law are a law firm registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.