How To Make Claims Against Public Liability Insurance

By Richie Billings. Last Updated 10th November 2023. Public liability insurance is used by companies to protect themselves against any claim against them such as personal injury claims or damage to property. This guide will explain the process of pursuing public liability claims against an insurance policy, with the help of a solicitor.

Public liability is the duty of care which any land or business owner or occupier of a public place has to protect the safety of anyone using their property or land.  If they breach the duty of care, and that causes a victim to be injured, then they could make a compensation claim.

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However, if you’d like to know more about what’s covered under public liability insurance then please carry on reading.

Claims Against Public Liability Insurance

How To Claim Against Public Liability Insurance

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When Could You Claim Against Public Liability Insurance?

Public liability insurance is a type of policy taken out by companies to cover any of the following types of claims made against them by members of the public:

  • Personal injury claims.
  • Fatal injury claims.
  • Claims for loss of or damage to property.

While companies are not legally required to have public liability insurance, they are likely to get it because if a claim against them from a member of the public succeeds, the policy will pay out the compensation that is owed. If you successfully claim against a company that doesn’t have public liability insurance, then the compensation will likely need to be provided directly by the company owner.

In order to have valid grounds to make a public liability insurance claim, you need to establish that the controller of the public space where your accident occurred breached the duty of care they owed you. As established by the Occupiers’ Liability Act 1957, parties that control a public space owe a duty of care to those who visit it to ensure their reasonable safety.

For more advice on public liability injury claims and your eligibility, speak to our advisors by calling us or contacting us online.

Examples Of Public Liability Claims

A claim could be made against public liability insurance when negligence has led to an accident and injuries that have affected the claimant’s quality of life.

Below are some examples of when public liability claims could potentially be made:

  • You slipped on a wet floor where no warning signs were present
  • You fell down the stairs because of a faulty handrail
  • You tripped over exposed wiring left within a working area

If you have evidence that the above occurred, then you could be eligible to claim compensation. You can also get in touch with our advisors at any time for a free eligibility check.

Compensation Payouts For Public Liability Claims

It can be difficult to provide an estimate for public liability claims as every claim is different. One of the potential heads of claim is general damages. This compensation figure assesses factors like the seriousness of the injury and how badly it has impacted your everyday life. The Judicial College Guidelines can give you a greater impression of what you could receive for this.

The Judicial College has analysed successful personal injury claim amounts from England and Wales. They use previous public liability insurance claims examples to create guideline compensation brackets. The latest guidelines, published in 2022, have provided these figures. However, please remember, as every claim is unique, these figures are not guaranteed. The top entry has not been taken from the JCG, however.

Injury Notes Amount
Serious Multiple Injuries With Special Damages Multiple injuries, both physical and mental, that are serious plus special damages such as care costs. Up to £1,000,000+
Back Injury – Severe (iii) Disc fractures or lesions that lead to chronic conditions and result in severe discomfort and pain. £38,780 to £69,730
Arm injury A permanent cosmetic or functional disability due to serious fractures in one of both forearms. £39,170 to £59,860
Elbow Injury A severely disabling elbow injury. £39,170 to £54,830
Shoulder injury – Severe Usually associated with neck injuries with the brachial plexus suffering damage which causes a serious disability. £19,200 to £48,030
Leg injury – (iv) Moderate Multiple or complicated fractures in a singular leg. Various factors such as extent of treatment will impact how much is awarded. £27,760 to £39,200
Wrist injury An injury that results is a significant and permanent disability, but some useful movement still remains in the wrist. £24,500 to £39,170
Ankle injury – Moderate Ligamentous tears and fractures that make it difficult to stand/walk for a long time with awkwardness on stairs. £13,740 to £26,590
Foot injury – Modest Puncture wounds, ruptured ligaments and simple metatarsal fractures that cause pain, aching and a permanent limp. Up to £13,740
Fracture of Index Finger The fracture may have mended quickly, but the grip is still impaired. £9,110 to £12,240

If you would like some insurance claim advice or want to see if you can claim compensation, please contact us for free using the above details.

Special Damages

You might also be eligible for special damages, which covers the financial losts caused by your injuries, such as:

  • Care Costs:  It’s sometimes possible to claim back the cost of any professional care which is required because of the claimant’s injuries.
  • Medical Costs: Although we receive free treatment from the NHS for our injuries, the cost of prescriptions, over the counter medicines and other treatments can soon add up.  These costs can be claimed back as part of a claim in some cases.
  • Travel Costs:  Following an accident there may be many trips required to a doctor, physio or for medical assessments.  Costs for fuel or making alternative travel arrangements might be able to be included in a claim.
  • Damaged Property:  You might be able to claim the cost replacing any item of personal property that was damaged in an accident.
  • Lost income:  A large part of claims against public liability insurance might be for lost income.  In some cases, if you lose any salary because you need to visit a doctor in work time, you could claim the loss back.  If your injuries are long-term and you require a long time off of work to recover, you could claim for future lost income too.

Any claim would need to be proven to be linked to your accident.  You should try to provide evidence such as receipts or bank statements and explain why you needed to claim for the expenses.  If you’re unsure, speak with a personal injury lawyer prior to committing to expensive items.

Evidence Required For Public Liability Claims

Collecting a sufficient amount of evidence could help support you with your public liability claim. Evidence could help you prove who was responsible for the accident as well as the severity of your injuries.

Examples of evidence that could be used to help support public liability claims include:

  • A copy of your medical records – this could help prove the extent and nature of your injuries and any treatment you have subsequently required.
  • Any CCTV footage, videos or photographs of the accident.
  • The contact details of any eyewitnesses, so that a statement can be collected from them later.
  • Any evidence of financial harm you have sustained, i.e. a payslip might be used to prove a loss of earnings

Get in touch with our advisors if you are still wondering, ‘What is a public liability claim?’ or to receive free advice for your particular case. They may also connect you with a solicitor from our panel who could help you with gathering evidence for your claim.

How To Start A No Win No Fee Claim Against Public Liability Insurance For An Injury

If you have grounds to make a public liability claim, then we recommend working with a solicitor who can help with your case. You are welcome to speak to our advisors about your claim, and if they see you have a valid case, they could connect you with a No Win No Fee lawyer from our panel.

Our panel of No Win No Fee lawyers can support public liability claims under a Conditional Fee Agreement (CFA). Under this kind of agreement, you won’t need to pay any upfront or ongoing fees to your solicitor for their services. It also won’t be required for you to pay your solicitor if your public liability claim fails.

If your claim succeeds, then your solicitor will receive a legally capped percentage of your compensation as their success fee.

To learn more about how our panel of No Win No Fee lawyers can support public liability claims, including your own potential case, you can contact our advisors for free. To reach them, you can:

Learn More About Public Liability Claims

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