Council And Local Authority Compensation Claims
£70 million in compensation
Council And Local Authority Compensation Claims
Council And Local Authority Compensation Claim
Under personal injury law, our local councils have a duty of care to take reasonable actions to keep us safe when on the roads, pavements, public parks, municipal buildings, leisure centres and other public places that they are in control of.
However, that duty can be breached. If you’re injured as a result of such a breach, you may have grounds to claim compensation from the local council/authority responsible.
To speak to an advisor about claims against a council, you are welcome to contact our team online or on the phone. If our advisors determine you have a strong case, they may be able to connect you with our No Win No Fee solicitors for support.
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What Are The Eligibility Criteria For Council Compensation Claims?
To pursue a civil claim against the council, your case must meet the eligibility criteria. This means that you have to be able to prove that:
- The council failed to uphold their duty of care.
- This failure caused your accident.
- You were injured as a result.
A duty of care is a legal responsibility for someone else’s health and safety. Who owes you a duty of care and the steps that they are required to take varies depending on what circumstances you’re in.
For example, if you are a council employee, then the duty of care owed to you is outlined by the Health and Safety at Work etc. Act 1974 (HASAWA), whereas the council’s duty of care to the general public is outlined by the Occupiers’ Liability Act 1957 (OLA).
Time Limits For Claims Against The Council
To be able to successfully sue a council for negligence, you will need to start your claim within the time limit for personal injury claims.
This time limit is generally three years from the date of the accident. As some injuries may not be immediately apparent or can develop over time, your time limit can also begin on the date you became aware of your injuries. This will usually be the date you were medically diagnosed and became aware of the relation your injuries have to your accident. This comes from the Limitation Act 1980.
The three year time limit will not apply to you if you:
- Were under the age of 18 at the time of your accident: in this case, your time limit will begin on your 18th
- Lacked mental capacity at any point within the three years: in this case, the time in which you were lacking capacity will not be counted against your time limit.
In both situations, a litigation friend could help you by suing the council for negligence on your behalf before you are eligible yourself.
Examples Of Council Compensation Claims
When making personal injury compensation claims against local councils, you must be able to prove that the injuries you sustained came about due to their negligence. Generally, you can only make a personal injury claim against the council if they have breached their duty of care towards you, and you have been injured as a result.
Car Accidents
As part of the Highways Act 1980, the highway authorities are responsible for major roads such as motorways and larger dual carriageways. Whereas, the council or local authority is responsible for smaller roads.
A council may be negligent for a road traffic accident if they failed to fix faulty traffic lights that they became aware of after carrying out a risk assessment. As a result, the traffic lights may have displayed the incorrect information leading to a car accident collision and causing you to experience severe whiplash.
Get in touch with our team for more information on car accident council compensation claims.
Injuries Resulting From Poor Maintenance
Poor maintenance could occur as a result of the council or local authority failing to take practical steps to remove or control any risks they become aware of.
For example, councils are in charge of certain schools and they have a duty to keep the spaces they’re responsible for, safe for their intended purpose.
If they fail to do so, a child could sustain a head injury due to a piece of playground equipment breaking. Alternatively, someone could suffer a facial burn due to a faulty pipe at a council-run school, or someone could break a bone by tripping on uneven pavement.
For more information on suing the council for uneven pavement, contact our team of advisors. They can provide free legal advice and guidance on how to proceed with your claim.
Slips, Trips And Falls
A slip, trip and fall could occur if a pavement has been poorly maintained or there has been no signage placed near maintenance works to warn you of the danger.
As a result, you could sustain a broken foot or broken leg after falling. Contact our team for more information on council compensation claims and suing the council for uneven pavement.
How To Make A Claim Against The Council For Pothole Damage
Potholes are one potential cause of road traffic accidents and pavement accidents. However, you must ensure that you meet the personal injury claims eligibility criteria when suing the council for an injury you suffered due to pothole damage.
Additionally, if you meet the eligibility criteria to make a personal injury claim against the council, you must also be able to prove that the council were aware of this pothole damage and that they did not take steps to resolve the issue within a timely mannerly. Later in this guide, we will discuss the types of evidence that could be used to help support your compensation claim.
You can contact our advisors today if you have any questions about how to make a claim against the council for pothole damage. They could also provide you with free advice and potential council compensation payouts.
Accidents In Schools
Schools have a duty of care to ensure their pupils are reasonably safe whilst on their premises. However, in some instances, the council could be liable for any injuries your child sustains in a school accident. That’s because there are different types of schools that are run by councils, i.e. community schools and some grammar schools.
In these circumstances, the council has a duty to maintain school premises and ensure the health and safety of pupils so far as is reasonably practicable. Should the council fail in their duty of care and your child has an accident and is injured on school grounds, you may have grounds for suing the council for negligence.
Below are some examples of how the council could be at fault for a school accident:
- Not correcting defective pavement, resulting in a trip accident.
- Failing to maintain children’s playground equipment, such as fixing steps on a ladder, causing a fall accident.
- Council staff, such as a cleaner, failing to signpost a recently mopped floor, leading to a slip or fall accident.
If you have other questions about council compensation claims, please don’t hesitate to get in touch with our team of friendly advisors. You can contact us at any time for free.
Accidents In Social Housing
If the council maintains your housing, they have a duty of care to ensure your property meets the standard requirement of living. Furthermore, necessary repairs should be carried out if you report any potential housing disrepairs or hazards to the council.
Failure to do so would be an act of council negligence. If you suffer harm as a result, you may have grounds to begin the council compensation claims process.
Below are some examples of how social housing accidents could happen:
- Faulty electric wiring causes an electric shock.
- A loose roof slate falls off and hits you on the head, causing a traumatic head injury.
- A defective floorboard may result in a trip accident, and you could suffer an ankle injury.
Our expert council housing solicitors could assist you if you are considering suing the council for negligence. Contact our advisors today to see if you could be eligible to work with them.
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Frequently Asked Questions
Evidence is required for council compensation claims. When bringing forward your own case, you’ll need to provide proof of your injuries and how they were caused by a local council or authority breaching their duty of care.
Evidence for council claims may include the following:
- Video footage that shows your accident taking place, such as CCTV footage.
- Photographs of your injuries and the accident scene.
- The contact details of any witnesses who can provide a statement about your accident.
- Medical records that confirm the injuries you’re claiming for and the medical treatment you’ve received for them.
If your claim is being supported by a personal injury solicitor, then they can assist with gathering evidence. To learn more about what evidence could support your claim against the council or a local authority, or how one of our solicitors could help with your case, get in touch with our advisors for free today.
You might be wondering how much compensation you could receive if you make a successful accident claim against a council or local authority. Unfortunately, we can’t offer an average payout. This is because all claims are different. However, we can provide further information on what a payout could consist of, and how they are calculated.
There are two heads of compensation you could receive if you successfully claim against the council. The first is general damages, which covers your mental and physical injuries, as well as the way they affect you going forwards.
When solicitors calculate this head of claim, they may refer to the Judicial College Guidelines (JCG). The JCG is a document that contains guideline compensation brackets for a number of different injuries. You can see some examples of these brackets illustrated below, but please note that these are not guaranteed amounts. Also note that the first entry is an estimated figure that is not based on the JCG.
| Injury Type | Severity | Compensation Bracket | Injury Features |
|---|---|---|---|
| Multiple Severe Injuries + Special Damages | Severe | Up to £500,000+ | Severe injuries combined with substantial financial losses, which could include the cost of mobility aids, home adjustments, and lost earnings. |
| Moderately Severe Brain Damage | (b) | £219,070 to £282,010 | There is a severe physical or cognitive disability, with a substance dependence on others and a need for full time care. |
| Psychiatric Damage Generally | Severe | £54,830 to £115,730 | Marked problems have contributed to the injured person struggling to cope with education, work and life. As such, the prognosis will be very poor. |
| Hand | Serious | £29,000 to £61,910 | Injuries like this reduce the hand to around fifty percent capacity. |
| Wrist | (b) | £24,500 to £39,170 | Injury causing permanent and significant disability where movement of a useful nature still remains. |
| Back | Moderate (i) | £27,760 to £38,780 | There are various injuries included in this bracket such as a crush or compression lumbar vertebrae fracture leading to a substantial osteoarthritis risk alongside other issues. |
| Elbow | Less Severe | £15,650 to £32,010 | Injuries cause functional impairment. However, major surgery is not required. |
| Pelvis and Hips | Moderate (ii) | £12,590 to £26,590 | Injuries like this usually involve some sort of surgery, such as hip replacement. |
After successfully suing the council for negligence, your settlement may also include special damages. This head of claim refers to the financial losses you experience as a result of your injuries. For example, this head of claim may cover the cost of:
- Travel
- Housekeeping
- Counselling
- Prescriptions
- Childcare
- Lost earnings
However, in order to claim under this heading, you must be able to prove your losses. To do this, it could be helpful to keep any relevant bills, invoices, or receipts.
Make A Claim Against The Council With Our No Win No Fee Solicitors
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Our solicitors offer their services under a kind of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA). When you enter into this kind of agreement, you aren’t required to pay any upfront fees in order for your solicitor to begin work on your case. Furthermore, you do not need to pay them for their services if your claim fails.
If your claim succeeds, your solicitor will deduct a success fee from your compensation award. This fee is a small percentage which is legally capped.
To find out if you could be eligible to work with one of our solicitors, or to learn more about compensation claims against local councils, contact us today
