Compensation Claims Against The Council

Can I claim for an injury caused by council negligence?

You may be able to claim for council negligence if you were injured and not at fault. Local councils have a duty to keep roads, footpaths and public spaces safe to use. If they fail to do this and you suffer an injury, this could count as negligence.

Accidents on public land don’t automatically qualify. We will listen to your story and let you know if you have a valid claim. Our Cheadle solicitors will help you gather evidence to prove you were injured, the council was at fault, and their negligence caused the accident. 

How Beacon Law can help with your council injury claim

Making a claim against the council can be stressful on your own. Our experienced solicitors can investigate who is at fault – for example, if a local footpath was not sufficiently gritted in cold weather and you fell.

We’ll also help you gather evidence such as photographs and hospital records. This will all help us to calculate a compensation sum, covering both the seriousness of your injury and any money you’ve lost.

We’ve got more than 200 years’ combined legal experience handling council injury cases just like yours. Get in touch today to start your claim.

Accidents we can help you claim for

Many personal injury claims against the council are based on slips, trips and falls, but there are hazards everywhere. It is the council’s responsibility to keep any public space safe, whatever the circumstances. Accidents may arise from:

Poorly maintained roads and footpaths

If roads or footpaths have loose paving, hazardous obstacles or uncovered manholes, serious injuries can occur. A trip leading to a moderate knee injury, for example, could lead to claims of up to £16,770.

Buildings and construction sites

Council buildings such as libraries should be maintained appropriately or they risk injuries such as trips or electric shocks. Unsafe construction sites risk falling objects, resulting in serious head injuries.

Failure to de-ice paths

Councils have a responsibility to grit roads and footpaths in freezing weather. Falls on ice could result in injuries such as minor elbow fractures, valued at up to £15,370.

This list is not exhaustive, and our local solicitors will let you know if you have a valid claim. Some other settings such as social housing could lead to hazards. If you’re not sure, speak to our teams across Cheadle and Manchester today.

How much compensation could I receive?

Your total compensation value will depend on two things: general damages and special damages. General damages refer to the injury and its impacts on your life – the more serious, the higher the sum. Special damages refer to financial losses caused by the injury, such as time taken off work or receipts for medical bills.

The Judicial College publishes figures for compensation amounts based on general damages alone. For example, in 2021, the average pay-out for specific injuries was:

• Moderate knee injury: up to £16,770
• Simple elbow fracture: up to £15,370
• Serious hand injury: £35,390 to £75,550.

These figures don’t cover special damages. When you speak to our specialist public liability solicitors, we’ll help you gather as much evidence as possible to claim for all damages, both general and special.

Making a no win no fee council injury claim

Our council injury claims solicitors work on a no win, no fee basis. Also known as a Conditional Fee Agreement, this means you’ll only pay our fees if we’re successful. This is usually 25% of your total compensation amount, which you’ll pay when you receive it.

This minimises financial risk for you when you make a claim. For extra assurance, some people like to take out After the Event insurance in case the claim is not successful. We can also help with interim payments. These are taken from your total compensation before the final pay-out to cover ongoing costs like medical bills.

What happens when you contact us

After you’ve spoken to a medical professional, you should contact our friendly Northwest-based solicitors. The process will involve:

1. Assessment: We’ll listen to your story and determine who is at fault.
2. Evidence: We’ll help you gather evidence to support your claim, such as CCTV, photographs, witness statements, medical reports, receipts and any accident/police records.
3. Calculating a claim: With your evidence, we will calculate a compensation amount and send this to the council’s public liability insurer in a letter of claim.
4. Compensation: If the council insurer accepts your claim, they will pay the compensation and we’ll take our fees. If they deny responsibility, we can take it further. It’s very unlikely you’ll need to go to court.

It’s always best to contact us as soon as possible so that we can help you gather evidence.

Questions about council injury claims

Find out more about disputed council injury claims and claiming on somebody else’s behalf.

How long do I have to make a compensation claim against the local council?

You generally have three years to make a council accident compensation claim from the date it happened. It’s always best to get in touch as soon as possible so that we can help you gather evidence.

Some exceptions to this are if you were under 18 at the time. You then have until your 21st birthday, or a person over 18 can claim on your behalf. If the accident left you ‘mentally incapacitated’, for example, if you suffered a serious brain injury and cannot make your own decisions, then there are no time limits.

Can I make personal injury claims against the council on behalf of somebody else?

You can make personal injury claims against the council on behalf of somebody else. This is called being a ‘litigation friend’. You must be over 18 to claim for them. You can usually claim on somebody else’s behalf if:

• The person is under 18 at the time of the accident
• The person is mentally incapacitated (unable to make their own decisions)
• The person died as a result of their injuries.

Can I still get council accident compensation if I’m partly at fault?

You could still get council accident compensation if you were partly at fault, but it depends on the circumstances. For example, if you were injured after driving over a pothole but your car was also past its MOT date, a judge might deem both you and the council at fault.

Cases like these are more difficult to prove but not impossible. A judge might decide how at fault you were, in percentage terms, and then you will be awarded the corresponding compensation. So, if you were 50% at fault, you could receive 50% of the proposed sum.

Speak to Beacon Law about your injury

At Beacon Law, we have more than 200 years’ experience handling claims against the council just like yours. Our family firm works across Greater Manchester to get you the compensation you deserve, taking on cases others don’t.

To see if you can make a claim, contact Beacon Law today.