Compensation Claims Against The Council

Can I claim compensation against the council for my injuries?

Yes, you might be able to claim against a council if your injuries happened because the council acted negligently. A claim of this kind is known as a public liability claim.

Councils have a duty of care to maintain areas such as roads, footpaths, parks and public buildings. If they fail in this duty of care and you suffer an injury as a result then you might be eligible to claim.

Any compensation you receive will reflect the pain and distress you’ve been through and the financial impact of your injuries. In most cases you will have to make your claim within three years of the accident happening.

Contact our personal injury solicitors if you’ve been injured in an accident in a public place under council control.

How much compensation could I claim from the council?

The amount of compensation you could claim from the council varies, depending on the nature and severity of your injuries. If your injuries are minor then you may get a couple of thousand pounds.

If your injuries are life-changing and require on-going care and treatment, then you may be entitled to hundreds of thousands. The compensation paid for a claim against the council will reflect the following:

• The pain and distress you’ve been through.
• The psychological impact of your injuries.
• How long any recovery is expected to take.
• Whether you will recover in full.
• The way in which your injuries stop you from pursuing things like hobbies, interests and your social life.
• The financial impact of your injuries, including lost earnings.

All compensation payments for personal injury claims are made up of two amounts – general damages and special damages.

What are general damages in a compensation claim against the council?

General damages in a compensation claim against the council are paid on the basis of your injuries. The more severe your injuries are, and the greater any loss of amenity, the higher the general damages will be.

The amount will be decided with the help of the Judicial College Guidelines (JCG). This is a specialist legal publication which sets out suggested payment ranges for particular injuries.

Examples of payments included in the latest edition of the JCG include the following;

• Moderate knee injury – up to £16,770
• Moderate elbow injury (i.e. simple fractures) – up to £15,370
• Serious hand injury (i.e. reducing the use of the hand by 50%) – £35,390 to £75,550

Once we have a full picture of your injuries, our specialist personal injury solicitors will be able to estimate the general damages you could receive.

What are special damages in a compensation claim against the council?

Special damages in a compensation claim against the council are intended to compensate for the financial impact of your injuries. Special damages are meant to return you to the financial position you’d be in if the accident had never happened.

The special damages will include compensation for any earning or pension provision you lose because of your injuries. Special damages also cover expenses directly caused by your injuries, such as the following:

• The cost of medical treatment for your injuries now and in the future.
• The cost of any care services required because of your injuries, now and in the future.
• The cost of any adaptations you need to make to your home or vehicle because of your injuries.
• The cost of any specialist equipment needed as a result of your injuries, such as mobility aids.
• Travel costs to and from any medical appointments relating to your injuries.
• The cost of any therapy or counselling needed to cope with the psychological impact of your injuries.
• An amount to reflect any care provided free of charge by friends or family.

Our specialist personal injury solicitors will help with the process of gathering all the paperwork needed to document the financial impact of your injuries.

What evidence will I need to support my compensation claim against the council?

You will need evidence to show that the council acted negligently, and this led to your illness or injury. You can gather evidence in the immediate aftermath of your accident, including:

• Photographs or videos of the scene of the accident.
• Photographs or videos of your injuries.
• Helmet or dash cam footage, where relevant.
• The contact details of any witnesses to your accident.

You should report the accident to the council as soon as possible in order to create an official record.

You should also seek immediate medical treatment for your injuries. This will help your recovery and create an official record of your injuries.

If the personal injury solicitors at Beacon Law decide you have a strong claim for compensation we’ll gather the rest of the evidence needed. This will include:

• Any relevant CCTV footage.
• Your medical records, particularly those dealing with your injuries and the treatment needed since the accident.
• A medical evaluation of your injuries carried out by an independent expert.
• A copy of a report from any emergency services attending your accident.
• An accident report if the accident happened in a council-run building such as a school.
• Evidence showing that the council had been aware of a fault such as a pothole or broken playground equipment.
• Your own detailed statement explaining what happened and the impact your injuries have had.
• Documentation showing the financial impact of your injuries. This could include wage slips, bank statements and receipts for direct expenses.

Can I claim against the council on behalf of a family member or loved one?

Yes, you can make a compensation claim against the council on behalf of a family member or loved one in circumstances such as:

• The person involved has sadly passed away and you are making the claim as a spouse, close family member or dependent.
• The person involved lacks the mental capacity to claim and you are doing so as their litigation friend.
• The person involved is a child under the age of eighteen.

Can I claim an interim compensation payments from the council?

Yes, you might be able to claim interim compensation payments from the council once liability has been admitted. This involves receiving payments for on-going costs like medical bills while the total amount of compensation is negotiated.

Any interim payments made will then be deducted from the final compensation payment.

How much will it cost to make a compensation claim against the council?

The personal injury solicitors at Beacon Law work on a no win no fee basis so it won’t cost you anything in legal fees unless your compensation claim is successful. You’ll pay nothing up front or as we negotiate on your behalf.

If you win compensation from the council we’ll take a success fee of no more than 25% of the money you get. If you lose, then costs like the legal fees of the other party will be covered by insurance we take out for you.

Otherwise, you’ll only have to pay Beacon Law in exceptional circumstances. These include if you have exaggerated your claim, misled us or been dishonest.

What is the process for making a compensation claim against the council?

The process for making a compensation claim against the council can be broken down into simple individual steps. These are as follows:

• After a free initial consultation we’ll decide whether you are eligible to make a claim against the council.
• If you have a strong claim for compensation we’ll take whatever evidence you bring to us and gather all the other evidence needed.
• We’ll contact the council to inform them that you are claiming compensation.
• We’ll present the evidence we have to the council or their insurers.
• Once liability is admitted we will negotiate a compensation settlement. With more than 200 years’ worth of combined legal expertise to call on we’ll know exactly what you should be entitled to.
• If liability isn’t admitted or a fair settlement can’t be reached, then the claim might have to be settled in court. If this happens we will represent you throughout.

Is there a time limit on making compensation claims against the council?

Yes, there is a time limit on making all personal injury and public liability claims, including compensation claims against the council. In most cases the claim has to start within three years of the accident which causes the injury, with a few exceptions. The law stating this is The Limitation Act 1980.

The exceptions to the three year time limit include:

• If you are under 18 at the time of the accident then the time limit will be paused until your 18th birthday. Alternatively, a parent or guardian could start a claim on your behalf.
• If you lack the mental capacity to start a claim for yourself, then the limit will run from the date on which you regain capacity. If you don’t regain capacity then a trusted family member could claim on your behalf.

The expert solicitors at Beacon Law always recommend starting a compensation claim as soon as possible after the accident, when the details are clear in your mind.

What kind of accident can I claim against the council for?

Any accident which happens because a council has been negligent in some way could be the basis of a compensation claim.

Can I claim compensation for an accident in a public place?

Yes, you may be able to claim against the council after an accident in a public place, if they had a duty of care to keep that place safe. Examples could include you or your child being injured by a poorly maintained item of playground equipment.

This may be the result of negligence if the council failed to repair the equipment in a reasonable time-frame, or didn’t put up any warning signs.

Can I claim compensation for an accident in social housing?

Yes, you may be able to claim compensation for an accident in social housing. If the council is responsible for repairs on your housing then any failure to repair hazards you report in good time could be an example of negligence.

The same applies if the council fails in their general duty of care to maintain your living standards. Examples of accidents in social housing which could form the basis of a claim include:

• An electric shock caused by faulty wiring.
• A slip, trip or fall on a damaged floorboard or floor covering.
• Being hit by a loose roof tile which falls off.
• Suffering illness caused by untreated mould on the walls.

Can I make a compensation claim against the council for an accident at work?

Yes, if you work for the council and suffer an injury caused by unsafe working conditions then you may be able to claim compensation. Employers have a legal duty to keep their employees as safe as possible, as set out in the Health and Safety at Work etc. Act 1974.

This legislation states that employers must take all reasonable steps to stop their employees coming to harm in the workplace. If a council fails to do so and you are injured as a result, you may be able to claim compensation.

Examples of negligence which could form the basis of a workplace accident claim of this kind include:

• Failing to provide proper training.
• Failing to provide PPE (person protective equipment) which is fit for purpose.
• Failing to carry out risk assessments of tasks.
• Failing to maintain the equipment used in line with the manufacturer’s recommendations.

Can I claim against the council for an accident in a school?

Yes, you may be able to claim on behalf of your child if they are injured in a council run school. Examples could include being hurt by a piece of faulty play equipment, or tripping on damaged flooring.

You may also be able to claim compensation from your employer if you are injured while working in a council run school.

Can I claim against the council after slipping on ice?

You may be able to claim against the council after slipping on ice and injuring yourself. You would need to show that the council should have been aware of the ice and made efforts to clear it.

Can I claim against the council after a slip, trip or fall?

You may be able to claim against the council after a slip, trip or fall if it happens due to council negligence. This could include the council failing to repair a pothole in a road or an uneven pavement.

Can I claim against the council for a road traffic accident?

You may be able to claim against the council if they fail to maintain a road for which they are responsible. If a pothole or damaged surface causes your car, motorbike or bicycle to crash, you may be able to claim compensation for your injuries.

If you’ve had an accident and you’re not sure if it was caused by council negligence, contact the expert solicitors at Beacon Law. We’ll explain whether you were injured as a result of council negligence, and how to claim for compensation.

Why should I choose Beacon Law to make my compensation claim against the council?

You should choose Beacon Law to make your compensation claim against the council because we handle every type of personal injury claim. Whether you bring us an accident at work claim, a slip, trip or fall claim or a public liability claim, we’ll have the expert solicitors to deal with it.

We offer more than 200 years’ worth of combined legal expertise for every client we work with. We take great pride in settling the vast majority of compensation claims against the council without having to go to court.

As well as understanding when to make a claim against the council and how to prove negligence, we know exactly what you’re entitled to claim for. From lost earnings to medical bills and travel expenses, we’ll negotiate hard to get every penny we think you’re entitled to.

When you claim against the council with us you’ll be treated in an empathetic manner. As well as legal expertise we offer access to treatment and wider support networks as and when you need them.

Our no win no fee approach means that you can claim without risking being left out of pocket. If you’ve suffered an illness or injury and think the council might have acted negligently then contact us today.