By Cat Mulligan. Last Updated 8th September 2023. Local councils owe not only members of the public who use their services but they have a duty of care to ensure that roads and pavements are maintained to a level that does not pose a risk to the public, also. Claims against the council in some respect can be complex. Having the help of a personal injury solicitor on your side may be something you are considering. An option could be to work with a solicitor to make No Win No Fee claims against a council.
That said your case must meet specific criteria in order to be eligible to pursue a claim for compensation. This means that you have to prove using evidence how the council breached their duty of care causing you consequential harm. It is possible to make a claim without a solicitor, but we always recommend hiring one. The solicitors from our panel can bring expertise to your case that makes the process as smooth as possible for you.
It is important to note that No Win No Fee is generally an umbrella term. In this article, we will detail what No Win No Fee could mean to you.
To make a claim against your council, you would need to prove that the council’s negligence caused your injury. In this article, we will look further at how you might be able to do this.
Read on to learn more about how No Win No Fee claims against the council can work. Alternatively, get in touch with us at any time. Our team of advisors can offer free legal advice and may even connect you with a solicitor from our panel to start a claim.
Select A Section
- What Are No Win No Fee Claims Against The Council?
- What Is A No Win No Fee Agreement?
- How Do No Win No Fee Claims Against The Council Work?
- What Costs Do I Need To Pay When I Win My Claim?
- What Claims Can I Make Against The Council?
- How Much Compensation Could I Receive If I Take Legal Action Against The Council?
- Contact A No Win No Fee Lawyer
- Help With Claims Against The Council
No Win No Fee is a service offered by a solicitor when taking a claim on. The solicitor will want to ensure that your case has a reasonable chance of success before they offer their No Win No Fee service. This is because if the case loses they do not get paid. You may also be wondering if your solicitor needs to be from your area. It is now possible to hire a solicitor from anywhere in the country, so long as they have the requisite experience to help you.
As we have previously mentioned, No Win No Fee, is an umbrella term for agreements that mean if your case loses you do not pay your solicitors fee. A common No Win No Fee agreement is called a Conditional Fee Agreement CFA. Meaning that the solicitor’s fee is conditional on the outcome of the case.
Such an agreement could be an appealing way to fund the services of legal representation, as you will have no upfront legal fees to contend with. You won’t even have to pay your solicitor for their work at all if your claim does not succeed.
On the other hand, your solicitor will deduct a legally capped success fee from your compensation amount if your claim is successful. Your solicitor will discuss this fee with you before taking on your case, so you will know how much they are likely to take. This will also only be deducted once your compensation is fully paid.
If a No Win No Fee agreement sounds like it could be for you, get in touch with our team today to potentially start a No Win No Fee claim against a council.
This section will look at the different types of agreements that fall under the term No Win No Fee. There are two main types, and though they have many similarities, there are also a few differences to consider.
- Contingency fee agreement – If your solicitor gets you a certain amount of compensation then this is when you pay their fee. If you don’t receive this amount or potentially more, your solicitor will not deduct their success fee from your compensation. Depending on the type of claim the legally capped percentage can change.
- Conditional fee agreement – In this type of agreement, the success fee will only be deducted if your case succeeds. The legal cap is lower at 25%, but this is static no matter how much compensation you receive.
A solicitor is likely to recommend that you take out something called after the event insurance, as it will cover you in case your claim fails. Later in this article, we will go into more detail about before and after the event insurance and how it could help you.
It is also important to note that though success fees are legally capped under The Conditional Fee Agreements Order, 2013, a solicitor may not always charge this much. If you choose to start a claim against your council using a solicitor from our panel, they could potentially offer their services for as low as 15%.
Part of the process of making a personal injury claim is proving that the damage done to you was the fault of another party. In this section, we will look further at how you might be able to do this.
If you have been harmed in an accident, we first recommend seeking professional medical help. You could seek the advice of your GP or call 111 for a non-emergency, or call 999 when in an emergency. Alternatively, find your nearest emergency room if you think it might be necessary.
You could potentially start gathering evidence before contacting a solicitor; however, we recommend hiring a personal injury lawyer to help you with this process. They will have the expertise and knowledge to help you figure out the more appropriate or relevant evidence for your specific case. If you hire a solicitor, the entire process will likely be smoother, and you may have a higher chance of your claim succeeding. Some desirable evidence types could include:
- CCTV footage
- Accident report records
- Medical notes
- The contact details of any witnesses
You will also be invited to an independent medical appointment as part of the claims process. A medical practitioner will assess the severity of your injuries and any long-lasting effects they may have. This will likely be used as key evidence in valuing your injuries and, therefore, the general damages element of your claim.
No Win No Fee Solicitor Near Me – Do I Need To Stay Local?
You may be wondering, ‘do I need the support of a No Win No Fee solicitor near me?’. Communication between you and your solicitor can take place over the phone, via post or by email. This means that you could seek legal support from No Win No Fee solicitors based on their experience instead of locality, even for claims against your local council. However, if you are more comfortable meeting your solicitor in person, this can usually be arranged.
Call our advisors if you want to sue the local authority for injuries suffered. They can assess your claim’s feasibility. If they think it has a chance of recovering compensation you could be connected to a No Win No Fee solicitor from our panel.
If you have chosen to hire a solicitor to support your case and they are working for you on a No Win No Fee basis then the only time you pay your solicitor is if your case wins. Generally, when making a claim without a solicitor there are no immediate charges but you may have to pay for medical experts reports, different pieces of evidence such as police reports along with any other such costs.
As aforementioned, your solicitor will deduct a success fee from your compensation amount if your claim is successful. If you are using a Conditional Fee Agreement to fund the work of the solicitor then this fee is legally capped at 25%.
Your solicitor may ask you to take out after the event (ATE) insurance. Taking out ATE insurance is optional, though your solicitor is likely to recommend that you do so. It will cover you in the event that your case is unsuccessful.
It’s possible you may already have before the event (BTE) insurance. This is insurance that you already paid for before the accident, such as for your home. If you do then you may not need ATE.
You could potentially make a No Win No Fee claim against the council for a personal injury caused by their negligence. The council owes a duty of care to those using public places they are in control of for their intended purposes. So they may have breached this duty of care if you have been harmed in such a space because of lack of maintenance for example.
Their duty of care is covered by the Occupier’s Liability Act, 1957. This details that the body in control of spaces (the occupier) is obligated to take all reasonably practicable steps to keep those who visit the space safe from harm.
The council could be considered the occupier of public spaces such as public parks, public libraries, pavements and roads. If their duty of care is breached in these spaces, leading to harm, and your case meets specific criteria you could be eligible to make a claim against them.
For example, if you were using a local playground and the swingset broke, you could suffer a head injury or fractured leg. Or, perhaps a road defect led to you falling and spraining your ankle or sustaining a soft tissue injury as you were crossing.
If the council was aware of the issues and had not rectified them within a reasonable period, you could potentially pursue a claim for compensation. Why not ring us today to find out more or start your claim?
If you take legal action against the council and your claim succeeds, you will receive general damages. This is the first of two heads of claim that you could pursue in a personal injury claim. General damages cover your injuries and the way that your injuries affect your life.
Often, solicitors and legal professionals will use the Judicial College Guidelines (JCG) to help them calculate this head of claim. The JCG provides guideline compensation brackets for different kinds of injuries. You can see some examples of these below, but please note that these are not guaranteed amounts.
Injury Severity Amount Notes
Kidney (a) £169,400 to
You could be awarded compensation for serious damage to or loss of both kidneys.
Leg Severe (ii) £54,830 to £87,890 You could be awarded compensation for injuries that have led to permanent issues with mobility or the need for mobility aids. There may also be multiple fractures with long-term recovery and a need for extensive treatment, likely surgical.
Toe (a) £36,520 to £56,080 You could be awarded compensation for the amputation of all toes, whether it was traumatic or surgical.
Elbow (a) £39,170 to £54,830 You could be awarded compensation for an injury that has resulted in a severe disability.
Facial Fractures (b) £14,900 to £23,950 You could be awarded compensation for multiple fractures of facial bones that lead to some permanent facial deformity.
Head or Brain Minor £2,210 to £12,770 You could be awarded compensation for minimal brain damage, if any, and minor head injuries.
Hernia (c) £3,390 to
You could be awarded compensation for uncomplicated hernias that have possible repaired and are not associated with other abdominal injuries.
Teeth (iii) £2,200 to
You could be awarded compensation for the serious damage or loss of one front tooth.
Dermatitis (c) £1,710 to £3,950 You could be awarded compensation for itchining, irritation and/or rashes on one or both hands that resolves within a few months with treatment. You could also claim for a short-lived exacerbation of a pre-existing skin condition here.
The second head of claim is special damages. This covers the financial losses you suffer as a result of your injuries. These could include the cost of:
- Lost earnings
- Home adjustments
Read on to learn how you could claim with No Win No Fee solicitors against the council, or contact our team of advisors today for more information.
Hopefully, after reading this article, you may feel you know a little more about how No Win No Fee works and how you could make a No Win No Fee claim against the council. If you still want more information, our team is available 24/7 to help you.
Contact us today if you would like to start your claim against the council or just get free legal advice. Our team of advisors can provide expert guidance and could even connect you with a solicitor from our panel who can help you start a claim.
So why not get in touch now?
Thank you for reading our guide on No Win No Fee claims against the council. We hope it answered any questions you may have had. For further help, please see below.
Slip, Trip or Fall Compensation Claim Against Public Liability Insurance – A guide on how you could claim against public liability insurance for a slip, trip or fall accident.
Accidents While Shopping Claims Guide – An article explaining how you might be able to claim compensation after a shopping accident.
Legal Aid, Sentencing and Punishment of Offenders Act, 2012 – The legislation detailing the costs associated with legal representation.
Compensation After an Accident or Injury – A government guide on how to make a claim.
Limitation Act, 1980 – The legislation that lays out the different time limitations attached to making a claim.
Thank you for reading our article on how No Win No Fee claims against the council work.