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Advice On How To Sue A Company For Negligence
Find out how to sue a company for negligence and how we can help you seek compensation.
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Advice On How To Sue A Company For Negligence
Find out how to sue a company for negligence and how we can help you seek compensation.
Find Out How To Sue A Company For Negligence
If you’ve been injured in an accident that you believe was the fault of a business, you may be wondering, ‘Am I able to sue a company for negligence?’ The answer is yes, in certain circumstances. Whether your injury occurred in a public place or at work, read this guide to find out all you need to know about how to sue a company for negligence.
This guide explains the steps involved in claiming, what evidence you’ll need, how personal injury compensation is calculated, and how one of our specialist solicitors could help you on a No Win No Fee basis.
Key Takeaways
- You can sue a company responsible for your safety if they are at fault for the injuries you suffered.
- Compensation can cover the financial, physical, and psychological effects of your injury.
- The usual time limit to begin a claim is 3 years from the date of injury.
- Evidence such as medical records, witness contact details, and video footage can strengthen your claim.
- One of our solicitors can represent you under a No Win No Fee agreement.
Contact our advisors at any time for free assistance and a case assessment to see if you can get started with a claim today. They are available 24/7 and are waiting to answer any queries you might have:
- Call 0151 375 9916.
- Fill out our ‘Contact Us‘ form.
How To Sue A Company For Negligence
In order to sue a company for negligence, you will need to meet the eligibility criteria for making personal injury claims. That will involve demonstrating that:
- A duty of care is owed to you.
- There is a breach of this duty of care.
- You suffer an injury as a result of this breach.
A duty of care is the responsibility that third parties, like a company, have to protect the safety and well-being of others. Later in this guide, you will see several examples illustrating how a breach of duty may lead to an injury and a potentially valid claim for compensation. First, we explain what duty of care is owed to you in public and at work, and by whom.
Suing For An Accident In A Public Place
You can sue a company for injuries sustained in an accident in a public place if they failed to meet their responsibilities under the Occupiers’ Liability Act 1957. Under this act, those in control of public spaces (termed ‘occupiers’) must take practical measures to ensure that visitors to their premises are kept reasonably safe.
For instance, a theme park or restaurant may be liable for any injuries that occur on their grounds if they result from failing to carry out regular risk assessments or repair known hazards.
Suing For An Accident At Work
If you were injured in a workplace accident, you may be able to sue your employer or a third-party company. Employers owe a duty of care to their staff under the Health and Safety at Work etc. Act 1974. This legislation requires them to take reasonable steps to protect the health, well-being, and safety of their employees.
Think you might have a valid claim for an accident at work or in a public space? Call our advisory team today for guidance on how to sue a company for negligence.
What Compensation Can I Get If I Sue A Negligent Company?
If you successfully sue a negligent company, the amount of compensation you can receive may depend on a range of factors. The starting point for compensation is general damages, which encompass the physical pain and psychological harm you’ve suffered as a result of your injuries.
Payouts for these damages may be influenced by a variety of considerations, such as:
- The severity and type of injury.
- The length and difficulty of recovery.
- Whether there are long-term or permanent symptoms.
- The impact on your independence or lifestyle.
- Any psychological harm resulting from the incident.
The value of general damages is often assessed by professionals using the Judicial College Guidelines (JCG), a publication that details suggested compensation brackets based on the type and severity of various injuries.
We have used the JCG to create the table below. However, it’s important to note that every personal injury claim is unique, and none of these brackets are a guarantee of compensation. The top figure is also not from the JCG.
| Injury | Severity | Compensation gudelines | Notes |
|---|---|---|---|
| Multiple very severe injuries plus special damages | Very severe | Up to £1,000,000+ | There will be multiple very severe injuries, coupled with special damages (e.g. lost earnings). |
| Brain damage | Very severe | £344,150 to £493,000 | In this bracket, compensation may be influenced by factors like claimant’s communication ability (with/without assistive technology), degree of physical limitations, extent of insight (if there is any), and impairment of senses. |
| Less severe | £18,700 to £52,550 | This bracket may consider factors like the initial injury’s extent and severity, the degree of change in personality, and depression. | |
| Back | Severe (i) | £111,150 to £196,450 | Cases in this bracket will feature damage to nerve roots and the spinal cord, That will lead to severe pain and disability, coupled with significant impairment of bowel, bladder, and sexual function, as well as incomplete paralysis. |
| Moderate (ii) | £15,260 to £33,880 | Bracket can include disturbance to muscles and ligaments, resulting in backaches. It can also include cases of prolapsed discs requiring a laminectomy or leading to repeated relapses. | |
| Leg | Severe (i) the most serious injuries short of amputation | £117,460 to £165,860 | Injuries in this bracket can include extensive leg degloving featuring gross shortening, or fractures that have not united and have needed extensive bone grafts. |
| Severe (iv) moderate | £33,880 to £47,840 | Can include cases featuring multiple or complicated fractures. This bracket considers factors like effect on employment, knee instability, and muscle wastage. | |
| Arm | Severe injuries | £117,360 to £159,770 | These injuries are extremely serious and leave claimants little better off than had their arm been lost. Cases can include serious injury to the brachial plexus. |
| Less severe injury | £23,430 to £47,810 | Claimant will experienced significant disabilities, but a substantial level of recovery will have occurred or be expected to happen. | |
| Ankle | Very severe | £61,090 to £85,070 | Cases may feature transmalleolar fractures, accompanied by soft-tissue damage that is extensive. That would result in deformity and create a risk of below-knee amputation in the event of a future leg injury. |
| Moderate | £16,770 to £32,450 | Bracket encompasses injuries like ligamentous tears and fractures that lead to disabilities considered less serious, such as difficulties with walking on uneven surfaces or for long periods. | |
| Shoulder | Severe | £23,430 to £58,610 | This bracket is often connected to neck injuries that feature brachial plexus damage, causing significant disability. |
| Moderate | £9,630 to £15,580 | A frozen shoulder featuring limited movement and discomfort. These symptoms will persist for around 2 years. Bracket also covers soft tissue injuries where symptoms are more than minimal and persist longer than that timeframe, albeit without being permanent. |
Can I Sue For Any Other Damages?
Yes, you can also sue for special damages. These damages cover the financial losses and out-of-pocket expenses you’ve incurred as a direct result of your injury. They may include both past and future losses, and are tailored to your individual circumstances. For instance, your injuries may have led to:
- Loss of earnings if you cannot return to work or miss multiple days. These losses can extend to pension contributions and perks, such as bonuses.
- Travel expenses related to attending medical appointments.
- Prescriptions and private medical treatments that the NHS does not cover.
- Costs of mobility aids or home adjustments, ranging from wheelchairs and stairlifts to walk-in showers and electric scooters.
- The value of care and support provided by friends, family, or professionals.
- Mental health support from therapists or counsellors.
To include losses in a claim for special damages, you will need supporting evidence. That might involve using:
- Payslips or tax records showing lost income.
- Receipts and invoices to prove purchases or services.
- Bank statements showing costs for expenses like travel and support from carers.
Without clear, documented proof, you may be unable to claim for certain losses caused by your injuries. That’s why our solicitors are always ready to help clients gather evidence from the outset.
Want to find out more about compensation in a personal injury claim? Or would you like tailored guidance on how to sue a company for negligence? Contact our advisors now and get answers to any questions you may have.
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What Accidents Can I Sue A Company For?
You can sue a company for a wide range of accidents if their negligent actions caused you to suffer an injury. Here are some scenarios that might result in a valid workplace accident claim:
- A construction firm fails to provide fall arrest equipment despite having staff work at a height. Due to this, a worker suffers severe brain damage when they fall from scaffolding.
- Office management repeatedly ignores reports about a faulty chair, leading to an employee suffering back and shoulder injuries when it collapses under them.
- A warehouse operator doesn’t provide staff with training in manual handling. As a consequence of this failure, an employee sustains a hernia when they lift a heavy box incorrectly.
- A factory decides not to install safety guards on a cutting machine, resulting in a worker severely lacerating their hand while using the unguarded equipment.
- At a restaurant, staff make no attempt to clean up an oil spill or mark it with suitable warning signs. A chef slips and falls heavily, leaving them with a fractured ankle.
Below, you can see several examples of how an accident in a public place could potentially happen due to an occupier’s breach of duty:
- While mopping their store, shop workers fail to display ‘wet floor’ signs to alert customers to the potential slipping hazard. A customer subsequently slips and falls, leading to a fractured wrist.
- A supermarket doesn’t cordon off or repair a malfunctioning fridge despite it leaking for over a week. The pooling water causes a shopper to slip and suffer a back injury.
- A café leaves exposed wiring trailing across a customer area, culminating in a patron tripping and breaking their arm.
- Despite receiving multiple complaints, retail park management fails to repair or fence off loose paving stones within a reasonable timeframe. Unaware of the hazard, a passer-by trips on one of the stones and sustains facial injuries.
- A gym doesn’t regularly inspect or maintain its equipment. As a result, a faulty treadmill suddenly malfunctions, throwing a user off the machine and causing serious head trauma.
If you’re unsure if your accident was caused by a company’s negligent actions, call our friendly advisors today. They’re here to listen and can assess your unique situation to see if you might have a valid claim.
Is There A Set Time I Have To Claim Against A Company For Compensation?
Yes, you typically have a set 3-year time limit to start a claim against a company for compensation. This time limit is established by the Limitation Act 1980 and usually begins on the date the accident occurred.
However, there are exceptions for certain individuals who cannot bring a claim on their own. In such cases, time limits are paused for:
- Children: If the injured party is a minor, then the 3-year time limit will not begin until their 18th birthday.
- People lacking mental capacity: There is no time limit for people who are unable to manage their own affairs unless they regain capacity. If mental capacity returns, the 3-year time limit will apply from the point of recovery.
While time limits are on hold, a litigation friend can step in to pursue compensation on behalf of someone who cannot claim independently. A litigation friend is an eligible adult (often a parent, guardian, or solicitor) who will act in the best interests of the claimant and manage various duties related to the case.
If you’re at all unsure whether you have enough time to claim, don’t delay reaching out to one of our advisors for a prompt response. They are here to help answer any queries you might have about how to sue a company for negligence.
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I Want To Sue A Company, What Evidence Will I Need?
If you want to sue a company, you will need evidence that demonstrates how the duty of care owed to you was breached, directly leading to your injuries:
- Copies of your medical records showing the injuries you have suffered.
- Photographs or video footage of the accident scene. If a broken pavement slab caused your injuries, you may need to photograph its elevation or depth. Be sure to use a ruler or measuring tape when doing so.
- Contact details from people who saw the incident. They could provide your solicitor with a witness statement at a later date in the claims process.
- Copies of any accident book reports, if applicable. You can also include formal complaints or correspondence as evidence for your claim.
- Personal diary entries of your symptoms and treatments.
One of our experienced personal injury solicitors could collect evidence on your behalf as part of their services. That can help you focus on recovery while your solicitor does the work of building the strongest case possible.
You can learn more about proving a claim and how to sue a company for negligence by calling one of our friendly advisors. Or, continue reading to find out about some of the other services offered by our expert solicitors.
Can I Claim Against A Company On A No Win No Fee Basis?
Yes, you may be able to claim against a company on a No Win No Fee basis. The specific arrangement our specialist solicitors offer is known as a Conditional Fee Agreement (CFA).
With a CFA, you pay:
- No upfront solicitor fees to get started with claiming.
- Zero solicitor fees to pay as your case moves forward.
- Nothing in solicitor fees if your claim is unsuccessful.
Your solicitor will be paid a success fee for their work if you win compensation. This fee is a percentage of your compensation that is capped by legislation, ensuring that you get the majority of what you receive.
Contact our advisory team at any time to find out more about CFAs and how they have helped clients nationwide pursue the compensation they deserve without mounting solicitor fees.
Get Help From JF LAW
Here at JF Law, our advisory team can help you get started with the claims process by connecting you with one of our highly trained solicitors. Our legal professionals have years of combined experience in handling personal injury claims, ranging from workplace accidents to public liability. If you’ve suffered due to a company’s negligence, they will be here to support you every step of the way.
Below, you can see just some of the services our solicitors can provide:
- Helping you access rehabilitation services, including physiotherapists, psychologists, and occupational therapists.
- Arranging an independent medical assessment to support your claim.
- Gathering evidence and managing all paperwork on your behalf.
- Breaking down any jargon you’re unsure about so you fully understand your rights and options.
- Guiding you through the claims process from start to finish.
- Negotiating with expertise and professionalism to secure the best possible compensation for you.
- Handling all communications so you are never distracted from your recovery.
Contact Us
If you’re thinking about making a personal injury claim, take the first step today by contacting our team of friendly advisors. They’re here 24/7 and can help determine if you have a case to claim compensation:
- Call 0151 375 9916.
- Fill out our ‘Contact Us‘ form.
More Information
For some more of our guides, please see below:
- Find out about claiming if you’re self-employed.
- See how to make a PTSD claim.
- Get information on claiming compensation for serious injuries.
You may also find some useful information on these sites:
- Government guidance outlining the process for requesting CCTV footage of yourself.
- Learn about claiming Statutory Sick Pay (SSP) in this government overview.
- Advice from the NHS on when to use 111.
Thank you for reading this guide on how to sue a company for negligence.
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