Sight loss, whether partial or full, can have a detrimental impact on your life. If you have experienced loss of sight in an accident that was caused by a third party who failed to adhere to the duty of care they owed you, you might be eligible to make a serious injury claim for blindness. Throughout this guide, we discuss the eligibility criteria that need to be met in order to do so, as well as how long you have to begin legal proceedings.
Additionally, we look in more detail at the duty of care owed to you by employers, occupiers, and road users. You can also find examples of how an accident leading to blindness could occur if this duty is breached.
Later, we provide a figurative case study as a way to help you understand the steps you might need to take to seek compensation. We also look at how compensation for sight loss is calculated and what your potential settlement could include.
Finally, we explain how a No Win No Fee personal injury solicitor could assist you and the terms under which they could offer their services.
For more information, you can get in touch with our advisors. They can offer you a free eligibility case check and answer any questions you might have with regard to your potential claim. To get in touch, you can:
Choose A Section
- Can You Make A Serious Injury Claim For Blindness?
- Is There A Time Limit To Claiming Loss Of Sight Compensation?
- Case Study: £2.5 Million Payout From A Compensation Claim For Blindness
- How Much Loss Of Sight Compensation Could You Receive?
- Use No Win No Fee Solicitors To Claim For Blindness
- Read More About Claiming For A Serious Injury
In order to have a valid serious injury claim for blindness, its essential that you can prove negligence. Under tort law, the three criteria below set out a definition of negligence:
- Firstly, a duty of care was owed to you by a third party, such as an employer, occupier, or road user.
- Secondly, a breach of this duty occurred.
- Thirdly, you suffered physical and/or psychological harm because of this breach.
If you can prove your claim meets these criteria to show that negligence occurred, you may be eligible to seek personal injury compensation.
In the following sections, we look at the duty of care certain third parties owe in more detail and give some examples of how a breach of this duty could lead to an accident that causes sight loss.
Road Traffic Accidents
All road users owe a duty of care to each other whilst on the road to avoid causing harm or damage. To uphold this duty, they must comply with laws in the Road Traffic Act 1988 and adhere to the rules in The Highway Code. A failure to do so could lead to a road traffic accident that causes blindness. For example:
- A speeding motorist causes a crash and the glass that shatters on impact punctures your eye and causes you partial blindness in one eye.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 outlines the duty of care that those in charge of public places have to the general public. They must take steps to ensure the reasonable safety of visitors’ using the space for its intended purpose. A failure to do so could lead to a public space accident. For example:
- You fall from a height in a shop accident due to a faulty handrail that was reported but not fixed in a reasonable time frame. This could result in you suffering a severe head injury which causes temporary vision loss.
Accidents At Work
The Health and Safety at Work etc. Act 1974 outlines an employer’s duty of care to keep their employees safe at work and while they perform their work tasks. They must do so by taking reasonable and practicable steps. A failure to do so could lead to a serious accident at work that causes blindness. For example:
- Your employer fails to provide you with the necessary personal protective equipment (PPE), such as goggles, to reduce the risk of injury when working with hazardous substances. As a result. chemicals splash in your eyes and you experience loss of sight in one eye.
To discuss your specific case and find out whether you’re eligible to begin a serious injury claim for blindness, please contact an advisor using the number above.
Under the Limitation Act 1980, there is a three-year time limit in which you have to begin a personal injury claim. This usually commences from the date of the accident in which you sustained harm. However, there can be exceptions. For example:
- A child who was injured has three years from the date they turn 18. Before this point, the limitation period is paused during which time an adult who meets the eligibility criteria could make an application to the courts to act as a litigation friend to start legal proceedings on the child’s behalf. However, if a claim is not made for them, the child will have until they turn 21 to do so themselves.
- Should the injured person lack mental capacity to start a claim on their own, the time limit is paused indefinitely and a litigation friend can be appointed by the courts to initiate legal proceedings for them. If they recover their capacity, they will have three years from the recovery date.
To discuss the time limit for serious injury claims in more detail and find out how long you have to proceed, please contact an advisor on the number above.
Our case study is for illustrative purposes only. It provides an idea of the steps you might need to take when making a claim for blindness.
Mr. Richards was driving to work when another vehicle hit him from the side. The other driver had failed to check it was safe to pull out at a cross junction. As a result, Mr. Richards sustained a severe head injury which caused several complications, including cognitive impairment, limb paralysis and partial sight loss. This meant he was no longer able to work and required full-time care.
His family decided to start a claim on his behalf and sought the services of a serious injury solicitor who helped them gather evidence, such as witness statements, medical reports and proof of financial losses.
Eventually, Mr. Richards’ claim succeeded and he received a £2.5 million payout which comprised compensation for the pain and suffering of his injuries and for the financial costs incurred as a result.
Call our team to discuss your case and find out whether you’re eligible to pursue compensation for loss of sight. You can also discuss how to make a claim on behalf of someone else.
A successful claim for blindness could see a settlement comprising two heads of loss awarded. General damages, the first head of loss, compensates for the pain, suffering and overall impact of the injuries on your quality of life.
To apply a value to general damages, legal professionals refer to medical reports and a publication called the Judicial College Guidelines (JCG). The JCG contains guideline valuation brackets for different injuries, some of which we have included in the table below.
Guideline Award Brackets
Please use the figures as a guide only. Settlements are calculated on a case-by-case basis so the compensation you’re awarded will differ to what’s listed in the table.
|Compensation awarded for several serious injuries alongside the financial losses incurred as a result.
|Up to £1 million plus
|(a) Very Severe
|Factors considered when valuing this award include if there was any sensory impairment.
|£282,010 to £403,990
|Injuries Affecting Sight
|(b) Total Blindness.
|Complete sight loss in both eyes.
|In the region of £268,720
|(c) Loss of Sight in One Eye, Reduced Vision in the Other (i)
|Serious chance of further deterioration in the remaining eye which goes beyond some risk of sympathetic ophthalmia.
|£95,990 to £179,770
|(c) Loss of Sight in One Eye, Reduced Vision in the Other (ii)
|Reduced vision in the remaining eye with or without other problems, such as double vision.
|£63,950 to £105,990
|Loss of Earnings
|Compensation to reimburse any lost income from temporary or permanent time taken off work because of the injuries.
|Up to £100,000 plus.
Claiming Financial Losses
Special damages, the second head of loss, compensate for the monetary losses caused by your injuries. For example:
- Lost income, past and future.
- Medical costs.
- The cost of adaptations to your home.
- Care costs.
Evidence in the form of receipts, invoices and payslips can help prove these costs.
Please get in touch for a free valuation of your claim and to discuss how compensation for loss of sight is calculated.
- There are no upfront or continuing fees for your solicitor to begin working on your case, or for the work they complete as your claim proceeds.
- If the claim has a failed outcome, you won’t pay for the solicitor’s services.
- A percentage of your compensation will be taken as the solicitor’s success fee if the claim wins. However, a legal cap applies to this percentage ensuring you keep the majority of your settlement.
If you would like any further guidance on making a loss of sight claim and whether an experienced solicitor from our panel could help you, please get in touch. To do so, you can:
Below are some other articles that may help:
- Discover how serious injury claim lawyers could assist you.
- Find out more about making a workplace injury claim.
- Learn whether you could make a serious neck injury claim.
Some external resources:
- NHS – Blindness and vision loss
- Health and Safety Executive – Workplace accident statistics
- GOV.UK – Statutory sick pay
Please call an advisor if you have any other questions regarding your potential serious injury claim for blindness.