This guide will discuss the time limit for public liability claims, as well as the eligibility criteria that need to be met in order to pursue a case of this nature.
The party in control of a public place owes a duty of care to visitors. We will explore the legislation that outlines the responsibilities they have, as well as provide examples of how an accident and subsequent injury could occur if they breach their duty.
Following this, we will establish what evidence could be useful to support your public liability claim.
Additionally, we will explore the process of calculating the value of personal injury claims, and how settlements aim to address the way your injuries have affected you.
To conclude, this guide examines how a No Win No Fee solicitor could assist you, and the terms under which they can offer their helpful services.
For more information, please contact an advisor for free. They can assess the validity of your case and answer any questions you might have after reading our guide. You can reach them by:
- Calling on 0800 408 7825
- Filling in our ‘contact us’ form
- Speaking with an advisor directly on our website using live chat
Choose A Section
- What Is The Time Limit For Public Liability Claims?
- When Are You Eligible To Make A Public Liability Claim?
- Evidence That Could Help You Claim For Accidents In Public Places
- How Much Compensation Could You Receive From A Public Liability Claim?
- Make A Claim With No Win No Fee Solicitors
- Read More About Claiming For A Public Place Accident
The time limit for public liability claims is generally three years as per the Limitation Act 1980. This means you need to ensure legal proceedings are started within three years from the accident date. However, there are exceptions that may apply in specific circumstances.
For example, if someone cannot claim for themselves due to lacking the mental capacity to do so, the courts could appoint a litigation friend to claim for them. In such scenarios, there would be an indefinite pause on the time limits. However, if someone gained the mental capacity to claim alone and no case had been started on their behalf, they would have three years to begin their own claim from the recovery date.
Furthermore, if someone under 18 is injured, they can’t claim alone. Here, the courts could again appoint a litigation friend, with the time limits being paused until they turn 18. Alternatively, the individual could wait until they’re 18 to claim for themselves and the three-year time limit would begin from this date.
Contact our advisors for further guidance on how long you have to seek personal injury compensation following an accident in a public place.
In order to have valid grounds to start a public liability claim, you must satisfy the eligibility criteria, as well as ensuring your claim starts within the relevant time limits. These criteria are:
- A duty of care was owed to you.
- A breach of this duty of care happened.
- As a result of this breach, you suffered an injury, either physical, psychological, or both.
Under the Occupiers’ Liability Act 1957, parties in control of a space owe a duty of care to take steps to ensure the reasonable safety of visitors using it for the purpose for which it was intended. However, if an occupier fails to uphold the duty they owe, it could potentially cause an accident in which you sustain harm.
For example, you could slip and fall on a wet floor in a supermarket due to a spill that wasn’t cleaned up or signposted in a reasonable time frame, despite reports being made about the hazard. As a result, you might sustain a head injury and wrist injury.
Alternatively, you could fall down the stairs due to inadequate lighting in a restaurant stairwell that wasn’t addressed despite complaints being made. As a result, you may sustain a broken leg or fractured ankle.
To discuss the specific circumstances surrounding your accident and injury, contact our team of advisors now. If your case is deemed eligible, they may offer to pass you over to a solicitor from our panel.
As well as ensuring you meet the eligibility criteria and adhere to the time limit for public liability claims, you should also gather evidence to support your case. Evidence can help prove an occupier didn’t adhere to their duty of care, and resulted in you suffering an injury. As such, you may benefit from gathering the following:
- Medical records including scans and doctor notes.
- CCTV footage of your accident.
- Photographs of your injuries.
- Witness contact details.
- Diary notes of your symptoms and treatments received.
If your public liability claim is eligible, a solicitor from our panel could help you gather evidence as part of the services they offer. Contact our team of advisors now for a free consultation.
If you satisfy the eligibility criteria and adhere to the time limit for public liability claims, you could pursue compensation. After successfully claiming, your payout could include up to two heads of loss.
The first head is called general damages, which compensate you for the pain and suffering you have experienced because of your injuries. To help assign a value to your injuries, the Judicial College Guidelines (JCG) can be used. The JCG provides a list of guideline compensation figures that correlate to different injuries all varying in severity. This document could also be compared to your medical records.
Whilst some of the figures from the JCG can be found in the following table, settlements are calculated on a case-by-case basis, so you should use them as a guide only.
|The person requires nursing care on a full-time basis.
|£282,010 to £403,990
|The person is very seriously disabled either physically or cognitively.
|£219,070 to £282,010
|Very serious injuries, leading to permanent mobility problems.
|£54,830 to £87,890
|Moderate injuries, including multiple fractures or severe crushing injuries, that are generally to a single limb.
|£27,760 to £39,200
|This bracket covers disc lesions or fractures of vertebral bodies leading to chronic conditions.
|£38,780 to £69,730
|Disturbance of ligaments and muscles resulting in backache.
|£12,510 to £27,760
|Injuries that require an extensive treatment period.
|£31,310 to £50,060
|Minor or undisplaced fractures, sprains and injuries to the ligaments.
|Up to £13,740
|A neck injury with brachial plexus damage that leads to significant disability.
|£19,200 to £48,030
|Frozen shoulder with movement limitations and discomfort. These symptoms will persist for about two years.
|£7,890 to £12,770
Claiming Special Damages In A Public Injury Claim
For example, if you have taken time off work to recover from your injuries, you could have incurred a loss of income as a result. If you provide your wage slips as evidence to prove the loss, you could be awarded compensation to reimburse you.
To discuss how compensation following a successful claim is calculated, or to get a free personalised estimate of what you could potentially receive, call an advisor on the number above.
If you have a valid case and wish to seek legal representation, you could benefit from working with a No Win No Fee solicitor from our panel. They can offer you their services, such as ensuring your case is started within the time limit for public liability claims, under the terms of a Conditional Fee Agreement. Some of the terms include:
- Not having to pay for the solicitor’s work at the start of the case, while it proceeds, or if it fails.
- Having a percentage of your compensation paid to your solicitor if the case wins. This is subject to a legal cap, however, and you are able to discuss the percentage with your solicitor before they begin working on your case.
To find out whether you could work with a solicitor from our panel, you can contact our team of advisors. If they find you have valid grounds to seek compensation, they could connect you with a solicitor who could begin working on your case. For more information, you can:
- Call on 0800 408 7825
- Fill in our ‘contact us’ form.
- Speak with an advisor via the live chat function below.
For more of our helpful guides, please look below:
- Learn about calculating compensation for a broken hip.
- Find out how to claim for multiple fractures.
- Read our guide on claiming for a minor brain injury.
For some external help, please look here:
- Royal Society for the Prevention of Accidents – Preventing falls
- GOV.UK – Statutory sick pay
- NHS – When to call 999
Thank you for reading our helpful guide on the time limit for public liability claims. If you have any other questions, please call an advisor on the number above.
Article by IR