A loss of vision can have a devastating impact on those affected by it, and that strain can be aggravated if it results from someone else’s negligence. When someone’s senses are compromised, it can completely upend lives, leaving a lasting toll on their independence and mental well-being. Our panel of expert solicitors have seen that firsthand, and can use that experience in any kind of loss of sight claim.
While compensation cannot erase what happened, it can help manage the impact and support the rehabilitation process. You can find out more about this and the claims process in general by reading this guide.
In the meantime, if you have any immediate questions you’d like to ask about loss of sight claims, please don’t hesitate to get in touch. Our advisors are on hand 24/7 to explain these benefits and the personal injury claims process in general in more detail. Simply use the contact options below, and you’ll quickly be connected with one of our dedicated live advisors:
- Phone us on 0800 073 8803
- Contact us online
- Talk to us using our live chat
Jump To A Section
- Who Can Make A Loss Of Sight Claim?
- Common Accident Examples For Sight Loss & Blindness Claims
- Can Claims Be Made For Sight Loss Caused By Medical Negligence?
- What If Assault Resulted In Loss Of Sight?
- How Much Compensation Can Be Awarded For Sight Loss & Blindness?
- What Factors Determine The Loss Of Sight Compensation Value?
- Is There A Sight Loss Claim Time Limit?
- What Evidence Will Support A Loss Of Sight Claim?
- Can Sight Loss Claims Be Made With A No Win No Fee Solicitor?
- Learn More
Who Can Make A Loss Of Sight Claim?
Anyone can make a loss of sight claim as long as their circumstance satisfies the eligibility requirements outlined below:
- A responsible third party owed a duty of care
- They breached this duty in some way
- This breach caused you or your loved one to suffer an injury
A duty of care is simply the obligation that a third party has towards the safety of others. This duty is governed by various pieces of legislation depending on where the eye injury occurs. We will go into further detail regarding this legislation and how a duty of care might be breached later on in the guide.
How To Claim On Behalf Of A Loved One
To claim on behalf of a loved one, eligible adults need to act as a litigation friend. This is a legally appointed role that is typically filled by someone close to the protected party, such as a family member. Litigation friends are necessary in cases involving children and mentally incapacitated adults, as neither can claim independently of another person.
As a litigation friend, you would be expected to represent your loved one during the claims process, make appropriate decisions, and communicate with the solicitor on their behalf. The important thing to know is that the litigation friend will claim for the protected party whilst the time limit is on hold and will keep their best interests in mind at all times.
We discuss who the protected parties can be in the time limit section of this guide.
Can Claims Be Made If Someone Is Not Classed As Legally Blind?
Yes, claims can still be made in cases where someone is not classed as legally blind. This is because vision loss is a spectrum, which encompasses a wide variety of visual impairments. In other words, it’s not all or nothing; loss of sight covers a range of experiences and different levels of vision.
Can Claims Still Be Made If Sight Will Recover?
So long as the eligibility criteria are satisfied, claims can still be made if sight is recovered after an accident. The duty of care that another party owed you or your loved one doesn’t change simply because a recovery has been made, either in the short or long term. That means even temporary vision loss can be claimed for if it resulted from an accident caused by someone not meeting their duty of care.
If you have any questions about claiming or would like to discuss the eligibility criteria in more detail, please get in touch today.
Common Accident Examples For Sight Loss & Blindness Claims
The following sections show some of the most common accident examples for sight loss and blindness claims.
Accidents At Work
Employers are obligated to take reasonable steps to ensure the health, safety, and well-being of staff while they are working. This is the duty of care that is owed to employees, as per the Health and Safety at Work etc Act 1974.
- Despite working with hazardous chemicals, an employee is not given sufficient personal protective equipment for their job, including safety goggles. These chemicals subsequently splashed in the worker’s eye, resulting in permanent vision impairment.
Road Traffic Accidents
All road users are required to navigate in ways that avoid injury or damage to one another (and themselves). To help uphold their duty of care, they must also comply with the Road Traffic Act 1988 and the Highway Code.
- A drink driver collides with another vehicle, causing a serious car accident. Their reckless actions leave the other driver with an orbital fracture, which causes reduced eye movement in one eye.
Public Place Accidents
Those who are responsible for a public space (termed ‘occupiers’) have a duty of care towards all visitors to the areas in their control. This obligation is stated by the Occupiers’ Liability Act 1957. Simply put, the 1957 act requires occupiers to take practical measures to ensure those visitors are kept reasonably safe.
- A member of the public slips on a spill in a train station that staff haven’t cleaned up or marked with a wet floor sign. They subsequently fall against a ticket barrier and suffer severe trauma to the eye, which cannot be saved and is consequently removed.
Please get in touch for a more tailored discussion regarding how a duty of care might apply to loss of sight claims.
Can Claims Be Made For Sight Loss Caused By Medical Negligence?
Yes, claims can be made for sight loss caused by medical negligence. All medical and healthcare professionals owe a duty of care to their patients, including but not limited to:
- Doctors
- Nurses
- GPs
- Surgeons
This duty specifically involves meeting a correct or minimum standard of care when treating patients. These standards are expected to be met in both public and private medical settings.
If a medical professional (or a facility like a hospital) provides substandard care and it causes unnecessary or avoidable harm, then they may have breached their duty of care. In such cases, there may be grounds to pursue a medical negligence claim.
To summarise the criteria for having a valid medical negligence claim, you or your loved one will need to show that:
- A medical professional owed a duty of care
- They breached this duty
- Avoidable or unnecessary harm resulted from this breach
With that being said, not every instance of harm is classed as medical negligence. This is because harm can still occur even when a medical professional provides the correct standard of care.
If you would like to know more about the process of making a loss of sight claim in relation to medical negligence, please have a chat with our advisors today.
What If Assault Resulted In Loss Of Sight?
If an assault resulted in loss of sight, then a criminal injury claim can be made via a government agency called the Criminal Injuries Compensation Authority (CICA). However, it’s important to keep in mind that the CICA states that they are a last resort when claiming compensation. In other words, if a claim cannot be directly made against the perpetrator or a vicariously liable party.
When it comes to CICA claims, certain eligibility requirements will need to be satisfied:
- You or your loved one must have been injured in a crime of violence
- The incident must have taken place in England, Wales, or Scotland (or another relevant place)
- Additionally, the incident will need to have been reported to the police
- The claim must be made within the specified time limit (we discuss this later)
It’s important to acknowledge that the perpetrator does not need to have been caught or prosecuted in order for your loved one to have a valid loss of sight claim.
The CICA Scheme Compensation Tariffs
The CICA uses a standardised tariff set by the Criminal Injuries Compensation Scheme 2012 for payouts to victims of violent crime across England, Wales and Scotland.
We’ve provided some tariffs in the table below:
| Injury | Severity | CICA Tariff |
|---|---|---|
| Multiple Severe Injuries and Amount for Lost Income and Certain Special Expenses (e.g. Damage to Physical Aids) | Severe | Up to £500,000 |
| Eyes | Loss of both eyes | £110,000 |
| Loss of sight in 1 eye but the injured eye was already totally blind | £82,000 | |
| Partial vision loss that is substantial. Notably, it affects both eyes to a 6/36 degree in each eye or worse | £55,000 | |
| Serious, permanent loss of visual field | £44,000 | |
| Loss of eyes - 1 eye | £27,000 | |
| Loss of sight in 1 eye | £22,000 | |
| Permanent and inoperable cataracts in both eyes | £19,000 | |
| Lens dislocation to both eyes | £13,500 | |
| Serious blurred or double vision that will be permanent | £13,500 |
We understand that navigating the ins and outs of criminal injury claims can prompt a lot of questions, and that’s why our advisors are here to help. Once contacted, they’ll answer any queries about the CICA and determine whether a criminal injury solicitor from our panel could represent you or your loved one.
How Much Compensation Can Be Awarded For Sight Loss & Blindness
Many considerations can influence how much compensation might be awarded for sight loss and blindness. This is because every loss of sight claim is different, as it may reflect factors like long-term impacts. The starting point of a claim is general damages, covering any pain and suffering resulting from someone’s injuries. These damages may account for:
- The severity of an injury
- The impact the injury has had on an individual’s quality of life
- The presence of psychological injury
- Whether there is disfigurement or deformity
- Any lasting effects, such as mobility issues or a permanent disability
Below you will find a table containing suggested brackets sourced from the Judicial College Guidelines (JCG). This publication outlines such brackets alongside different types of injuries and their related severities. Personal injury solicitors often refer to the JCG in order to help them calculate general damages for their clients.
The first row in our table has not come from the JCG, and these compensation brackets should be referenced as a guide only.
| INJURY | SEVERITY | COMPENSATION |
|---|---|---|
| Multiple Severe Injuries As Well As Special Damages (e.g. Care Costs) | Severe | Up to £500,000+ |
| Total Blindness | Complete Loss of Sight in Both Eyes | In the region of £327,940 |
| Loss of Sight | 1 Eye with Reduced Vision in the Remaining Eye (i) | £117,150 to £219,400 |
| 1 Eye with Reduced Vision in the Remaining Eye (ii) | £78,040 to £129,330 | |
| Total Loss of 1 Eye | £66,920 to £80,210 | |
| Complete Loss of Sight in 1 Eye | £60,130 to £66,920 | |
| Injuries Affecting Sight (f) | £28,900 to £48,040 | |
| Injuries Affecting Sight (g) | £11,120 to £25,600 | |
| Minor Eye Injuries | £4,820 to £10,660 | |
| Transient Eye Injuries | £2,690 to £4,820 |
What Compensation Can My Loved One Get For The Psychological Impact Of Sight Loss?
Your loved one may receive compensation under general damages for any psychological impact of sight loss. Our table highlights the JCG’s brackets for psychological harm. As with the other table, the first row isn’t from the JCG, and the table is not a guarantee of compensation:
| Injury | Severity | COMPENSATION |
|---|---|---|
| Multiple Very Severe Injuries with Special Damages (e.g. Medical Bills and Lost Earnings) | Severe | Up to £300,000+ |
| Psychiatric Damage Generally | Severe (a) | £66,920 to £141,240 |
| Moderately Severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less Severe (d) | £1,880 to £7,150 | |
| Post Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 |
| Moderately Severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less Severe (d) | £4,820 to £9,980 |
If you have any questions regarding the JCG or the personal injury claims process, please contact our advisors today.
What Factors Determine The Loss Of Sight Compensation Value?
The factors that determine the loss of sight compensation value are pain and suffering mentioned above, and resulting financial losses. Such loss is covered by a second head of claim called special damages, which can recoup the out-of-pocket costs incurred because of someone’s injuries. For example:
- Medical expenses that your loved one had for private treatments, including surgery, as well as medications
- Special damages may also include occupational therapy, if your loved one has needed it to adapt to the impact of losing their vision
- The cost of care, both from professionals and loved ones (like yourself)
- Loss of part or all of your loved one’s income. Future lost earnings, missed promotions, and any effect on pension contributions may also influence this category
- Home adaptations may also be included. After all, your loved one may have needed to make modifications to improve natural light, install grab rails, or incorporate assistive technology into the home
- The expense of attending medical appointments, such as check-ups and procedures
However, no matter the out-of-pocket expense, they can only be included in a loss of sight claim if there is supporting evidence of the loss. In this case, a personal injury solicitor will ask for proof in the form of documentation, such as:
- Payslips providing insight into any impact on earnings and related losses
- Medical bills, such as receipts for prescriptions or invoices covering private procedures
- Bus or train tickets for travel to and from the hospital or a GP practice. Alternatively, bank statements showing the cost of petrol and parking fees
Can Early Payments Be Given To Help Fund Treatment And Recovery?
Yes, early payments can be given to claimants to help fund their treatment and recovery. In personal injury claims, these are called interim payments, which are essentially an advance on an individual’s final compensation. They will be paid ahead of the claim being settled to address any urgent costs that might arise during the claims process.
Typically, interim payments can be approved for those who have suffered severe injuries and are facing emergency expenses. These payments are only possible if a defendant has admitted liability beforehand or there is a strong likelihood that a claim would succeed.
If you would like further details on how interim payments might apply to a loss of sight claim, please connect with one of our friendly advisors.
Is There A Sight Loss Claim Time Limit?
Yes, there is a sight loss claim time limit, which is typically 3 years from the date of the accident, as per the Limitation Act 1980. This legislation specifically relates to when a claim needs to be started rather than when it has to be concluded.
Whilst the above still stands, the Limitation Act does highlight specific exceptions for:
- Adults who lack the mental capacity to file a loss of sight claim on their own. In that case, the time limit will only apply if they regain capacity, and the 3-year timer will start from the date of their recovery
- Minors who are too young to claim for themselves. They can claim independently once they turn 18, meaning they will have until their 21st birthday to get started with pursuing compensation
CICA Time Limits
The time limit for CICA claims is slightly different. In this case, the time limit is typically 2 years from the date of the incident. However, the CICA does consider exceptions to this rule on a case-by-case basis.
Additionally, CICA time limits are adjusted if the applicant was under 18 at the time of the incident:
- If the incident was reported to the police at the time, but no claim was made, then an applicant has 2 years from their 18th birthday to file
- If the incident was reported on or after a claimant’s 18th birthday, then they have 2 years to file their application from the date of their initial report to the police. Evidence will also need to be provided to the CICA in order to establish why a claim could not have been submitted sooner
If you’d like to know more about the time limits for starting a loss of sight claim, please get in touch with our expert team of advisors who can answer any queries you have.
What Evidence Will Support A Loss Of Sight Claim?
The evidence that can support a loss of sight claim includes medical records and witness statements. No matter what evidence is used, it will need to show how a third party was at fault for someone’s injuries, as well as the extent of that harm.
Our panel of solicitors have supported clients across the country with the task of gathering evidence, which can include:
- Photographs of the injury
- Medical records, which can provide insights into the severity of an injury and the timeline of treatment
- Contact details from staff, family, and others so that a solicitor can collect witness statements for the case
- A personal account documenting what happened and the impact of losing sight
When making a claim through the CICA, the following evidence will be needed:
- A police reference number
- Proof that residency requirements have been met
- Medical evidence of the injuries that are being claimed for
Our advisors are here to answer any questions about the process of gathering evidence, so please reach out today to find out more.
Can Sight Loss Claims Be Made With A No Win No Fee Solicitor?
Yes, sight loss claims can be made with a No Win No Fee solicitor, and here at Public Interest Lawyers, we offer this funding option through a Conditional Fee Agreement contract.
CFAs come with several important benefits:
- There is no solicitor’s fee to pay if a claim fails
- There are no upfront solicitors’ fees to get started with pursuing compensation
- There are zero solicitors’ fees charged while a claim is ongoing
If a claim wins, then the solicitor receives a success fee for their work. This is paid directly from the compensation as a limited percentage set by the Conditional Fee Agreements Order 2013.
With decades of experience, the expert panel of No Win No Fee solicitors that Public Interest Lawyers work with have been trusted by clients nationwide to handle both full or partial blindness claims with professionalism and care. As part of their support services, they will:
- Ensure there is a clear understanding of how strong a claim is and its likelihood of success
- Determine a fair and accurate compensation figure
- Gather evidence, assess the quality of that proof, and make sure that it is presented effectively
- Provide expert representation in negotiations and work tirelessly to secure the maximum compensation possible
- Communicate with the defendant’s solicitors and give regular updates on the status of the case
- Arrange a medical assessment at a time and place that is convenient for clients. The report from this can be used as evidence to strengthen a claim
- Organise access to medical treatment that might not be available on the NHS
- Follow all instructions to the letter and meet all deadlines efficiently
Our panel of solicitors believe everyone who navigates the claims process deserves complete services, and they always ensure that is the case for their clients.
Contact Public Interest Lawyers
We’re here to help, so please reach out to our advisors for further guidance on the loss of sight claims process. You can also find out more about the above benefits and services by using the contact information below:
- Phone us on 0800 073 8803
- Contact us online
- Talk to us using our live chat
Learn More
You can learn more about the claims process with some other guides from us:
- Have you suffered a severe injury while working? Find out what to do in our helpful look at serious accident at work claims.
- Have you had an accident in a public place? See our article on public liability claims.
- Have you sustained injuries in a car crash? Check out our guide on road traffic accident claims.
Some additional resources:
- Get information on how to request CCTV footage
- Learn more about Personal Independence Payment (PIP).
- Understand the guidance around Statutory Sick Pay (SSP) in this government overview.
Thank you for taking the time to read our guide on how to start a loss of sight claim.