Maybe you tripped on the pavement and cut yourself. Or a faulty road surface caused you to swerve your car and suffer a sudden neck or spinal injury. Were you cut by glass in a public park? It could be the local authority at fault. If you want to learn how to sue the council, please continue reading.
Key Takeaways
- Your local council has certain responsibilities towards your safety, as do other local authorities.
- You can be awarded compensation for your injuries and any financial losses that have occurred because of them.
- Generally, you have 3 years to start your personal injury claim against the council.
- This claim must also be supported with compelling evidence that proves liability for the injuries you suffered.
- A No Win No Fee solicitor from our panel could help with your claim.
If you have any questions about claiming against the council, our advisors could help you. They’re available around the clock to answer questions about compensation claims.
- Ring for a non-obligation initial consultation on 0800 408 7825
- Contact us to make a free claim enquiry.
- Ask a question about how to sue the council in the chat box below for an immediate answer.
Frequently Asked Questions
- How To Sue The Council For Compensation
- The Common Reasons For Claims Against The Council
- The Average Compensation Amount Paid In Council Injury Claims
- How Long Do I Have To Make A Council Compensation Claim?
- What Do I Need To Prove Council Negligence?
- No Win No Fee Claims Against The Council
- More Useful Information
How To Sue The Council For Compensation
When considering how to sue the council, there are some eligibility criteria to be aware of. A valid compensation claim for personal injury needs to show the following:
- A duty of care was in place at the moment of injury.
- The council failed to comply with relevant legislation and breached this duty.
- As a result, you suffered injury.
A duty of care is a legally owed obligation a liable party owes towards another party’s relative safety. In this case, the council owes a duty of care under the Occupiers’ Liability Act 1957. Under this law, occupiers of a space (the person or organisation responsible for maintaining that place) need to take steps to ensure the reasonable safety of the public and visitors while on their premises. In this case, the occupier is the council or local authority.
Councils and local authorities have a wide range of responsibilities and must maintain a variety of different spaces. These can include certain roads, carparks, pavements, parks, council-run leisure centres, libraries, and other areas in which they occupy.
If you have any concerns about your eligibility or general questions about how to sue the council, please contact us for free on the number above.
The Common Reasons For Claims Against The Council
In the subheadings below, we examine some of the most common reasons an injury could arise if the council fails to meet its duty of care. There could be many other examples, so please contact us for personalised help:
Poorly Maintained Pavements
It’s part of the council’s responsibility to ensure that the pavements they are responsible for are reasonably safe for the general public to use without risk of harm. Therefore, an example of a breach could include failing to fix a broken or uneven pavement slab within a reasonable timeframe. If you can prove this hazard caused you to trip or fall and suffer harm, a claim could apply against the council responsible for their failure to repair it.
Poorly Maintained Road Surfaces
Similarly, the council has a duty to maintain the roads and highways it is responsible for. Fixing potholes and gritting main roads during bad weather are examples of how the council can adhere to their legal obligations. Without it, a driver, cyclist or pedestrian could suffer fractures, cuts and other injuries on the roads when they encounter these hazards.
Therefore, if tarmac is severely degraded or debris and obstructions are left in the road in a way that causes you harm, you could seek compensation from the council.
Faulty Equipment In A Public Place
The council is responsible for public parks and recreation areas that are open to the public. Therefore, its obligations extend to the maintenance and safe provision of items such as benches, playground equipment, street lighting, street furniture, and public toilets.
Any claim for personal injury against the council will need to show that the injury only arose because the council failed to meet their responsibilities. An example here could be cuts from broken glass that was left in a place where children play. Or a park bench that collapsed and injured someone because it was left in a state of disrepair.
What Else Can I Sue The Council For?
2 examples of incidents that you can sue the council for include:
The council has other responsibilities under other pieces of legislation. If you are unsure whether you have a valid compensation claim against a local authority, one of our advisors can help. Get in touch today to discuss what happened and find out if you can move forward with a claim with the support of a solicitor from our panel.
The Average Compensation Amount Paid In Council Injury Claims
To work out the average compensation amount for council injury claims, you would need to know the number of claimants in any given time span and local authority area. Once you have this number, you would need the total amount paid out in personal injury settlements from that same time span and area. You would then divide the total settlement figure by the number of successful claimants, and this number would be your average.
However, even though all council injury claims are different, with different factors going into them, there is an established method for starting the calculations. If you make a successful claim, your settlement could contain up to 2 heads of loss: general and special damages.
Those involved in the process look at medical evidence of physical harm and psychological injury to guide them. Compensation for this pain and suffering is called general damages. The duration and severity of injury, any long-term disability and overall impact on life-quality are also assessed under this head of loss.
Often, publications such as the Judicial College Guidelines (JCG) are also consulted for guidance when calculating the award for this part of your claim. This document lists a range of injuries in order of severity and provides a compensatory guideline amount for each. The sums are taken from successful past claims, but are only ever used as a provisional idea of what general damage compensation might apply. The table below illustrates (except for the first line, which is not from the Judicial College Guidelines).
Compensation Guidelines
| INJURY TYPE | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| More than one severe injury and Special Damages award. | Severe | Up to £1 million plus. |
| Head/Brain | (a) Very Severe | £344,150 increasing to £493,000 |
| (c) Moderate (iii) | £52,550 increasing to £110,720 | |
| Neck | (a) Severe (i) | In region of £181,020 |
| (b) Moderate (i) | £30,500 increasing to £46,970 | |
| Knee | (a) Severe (ii) | £63,610 increasing to £85,100 |
| Back | (a) Severe (iii) | £47,320 increasing to £85,100 |
| Hand | (e) Serious | £35,390 increasing to £75,550 |
| Wrist | (b) Permanent significant disability | £29,900 increasing to £47,810 |
| Ankle | (c) Moderate | £16,770 increasing to £32,450 |
What Else Will Impact The Value Of A Claim?
Alongside general damages, the calculations can assess the financial losses caused by the accident and injury under the head of loss called special damages. Evidence will be necessary to reimburse any losses or expenses, such as:
- Bank statements and payslips that show a loss of earnings suffered after the accident.
- Proof of medical expenses that you needed to pay for.
- Proof of prescription charges.
- Travel fares to vital appointments.
- The cost of professional care or time given up by family or friends to look after you.
- Receipts for essential adaptation work carried out at your home, such as installing a wheelchair-accessible ramp or modifying a bathroom for easier use.
The solicitors on our panel know how to calculate special damages fully. They can assess your healthcare and rehabilitation needs going forward, as well as any loss of predicted income if you are unable to return to work. These amounts could be included alongside general damages to provide a more precise estimate of the total compensation. Contact our advisors now to see if they can assist you.
How Long Do I Have To Make A Council Compensation Claim?
The Limitation Act 1980 sets out a 3-year standard time limit in which to make personal injury claims. In most cases, this begins from the date of the accident.
The normal time limit can vary for 2 groups of claimants:
- A minor (under 18) is not able to initiate a personal injury claim on their own until they are 18 years old. They then have 3 years to start a claim from this birthday.
- Those without mental capacity to claim are not bound by a time limit unless and until their mental capacity returns. From any date of recovery, the 3-year time limit then starts.
- A claim can be started immediately by a family member or an involved adult in the role of litigation friend. They attend to the tasks and responsibilities of the claim on the person’s behalf. However, they can only be allocated by the courts to do this while the time limit pause is in effect.
Our advisors are available now to discuss time limits and the role of being a litigation friend for a loved one. Or if you have general questions about how to sue the council for compensation, a friendly advisor will be more than happy to help you.
What Do I Need To Prove Council Negligence?
You need evidence for a claim against the council. This needs to show how they breached their duty of care and how you suffered harm as a consequence. To help, below is a list of types of evidence that you could use to strengthen your claim:
- Any street CCTV or dashcam footage that filmed the accident taking place.
- Photos of the hazard that injured you (such as a broken pavement slab or shattered glass at a bus stop).
- The phone numbers or other contact information from any witnesses. If you decide to appoint a legal representative, one of the ways they can assist is by gathering supporting statements from others who witnessed the accident.
- Photos of your visible injuries.
- Copies of your medical records that detail the harm you suffered and the treatment you needed.
Keep any paperwork or evidence that you think demonstrates the council’s negligence and how it caused your injury. If you go ahead with a solicitor from our panel, they can sift through this evidence with you and assemble a strong and effective claim. Call to discuss.
No Win No Fee Claims Against The Council
The solicitors on our panel have decades of experience helping clients access the compensation they are owed. They are able to do this by offering services through a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). This has numerous advantages to the person looking for a funding option for their legal representation, for example:
- You will not be expected to pay any fees to your solicitors upfront to commence work on the claim.
- There are no fees expected by the solicitors for the duration of the claim.
- If the claim is not successful, solicitors using a CFA don’t ask for payment for their time or finished services.
- Claims that win require a small success fee to be paid to your solicitor. This is capped low by the Conditional Fee Agreements Order 2013 and represents a percentage of the compensation. You can also agree the success fee in advance with your solicitors.
The advantages of a CFA also include peace of mind. Rather than dealing with claims against the council on your own, the solicitors on our panel could take care of the whole process. Making it much less stressful for you. Why not take advantage of a free assessment now and get in touch?
Why Choose Our Panel?
There are numerous other good reasons for choosing a solicitor from our panel to handle your claim. They provide a wealth of expert legal services, and you can expect the following:
- A thorough and detailed assessment of the value of your claim.
- Help to collect the essential evidence, such as witness statements or independent medical reports.
- Help to access the right rehabilitation care.
- Clear explanations of legal jargon and the claims process.
- Help to find the right barrister to represent you if the claim needs to be heard in court.
- Complete handling of communication with the council to secure the best settlement for you.
With advantages like these, it makes sense to see if your claim qualifies for our panel’s help. Simply connect with our advisory team, who can assess your claim and provide guidance. If the case is eligible and you want to go ahead, they could connect you with an expert personal injury solicitor from our panel to start the claims process.
Contact Public Interest Lawyers
- Ring for free guidance on how to claim compensation on 0800 408 7825
- Contact us to make a free claim enquiry.
- Ask a question about council compensation payouts in the chat box below.
More Useful Information
In addition to this guide on how to sue the council, you might find these other resources from our website useful:
- This article discusses how much compensation for a pothole accident can apply.
- Learn how to claim multiple injuries compensation.
- Additionally, here is specialist advice on slip, trip, and fall claims in general.
Outside resources to help:
- This link explores reporting a problem with a pavement.
- How to obtain copies of your medical notes is discussed here.
- Lastly, some help to request CCTV footage of yourself.
In conclusion, thanks for reading our article about how to sue the council after a personal injury. If you would like to discuss any points raised in this guide or have general questions about the compensation claim process, please don’t hesitate to contact us via live chat, email, or call.