Slips, trips and falls on publicly owned land, such as roads or pavements, happen every day causing many accidents and injuries. If you have been involved in an accident that was not your fault on property owned by the council or local authority, you may be entitled to make a personal injury claim for compensation.
Sustaining an accident which has been caused by the Council’s negligence can cause severe and long-term consequences, leading to disabling injuries, loss of income, and sometimes, the inability to look after yourself and others becomes impossible.
If you have suffered an injury and are thinking of making a claim, it is likely that you will have many questions. Below is a summary guide on making claims against the council for personal injury.
Claims against the council for personal injury: The council’s responsibilities
The local council has a duty of care towards the general public to ensure that land and property owned by them is maintained to a reasonable standard. Claims against the council for personal injury can be made if there is reason to believe that the local authority have been negligent, and their negligence has led to a person suffering an injury as a result.
There are many pieces of health and safely legislation in place that should be followed by the council to reduce the risk of injury on their land or property.
Proving that the council have been negligent will depend upon the type of accident sustained, the last inspection carried out on the area in question, and whether adequate maintenance has been completed for the area in question.
Common types of accidents caused by the council’s negligence
Claims against the council for personal injury can be made for a variety of reasons. Below are just a few of the main causes of accidents in publicly owned areas. You could be able to make an accident claim for any type of incident on the road if you were not 100% responsible for the accident.
· Slips, trips and falls on defects on the pavement or road: The council has a duty of care to maintain roads, pavements, paths and all public highways to a reasonable standard. Potholes, uneven paving slabs, and loose cobbles are common causes of accidents on the public highway.
If the council fails to inspect a specific area or make repairs to reported issues within a specified period of time, you may be able to make a claim for compensation if you’ve been injured as a result.
· Accidents in a council property: If you notice a defect in your council property, you should report this straight away. If the council fails to make adequate repairs to defects within your property and you are then injured as a result, you may have grounds to make a claim.
· Accidents in public parks or play areas: Children and adults are regularly injured in public playgrounds and parks. Common causes of accidents include uneven ground and broken play equipment. If we can prove that the accident was caused by the council’s failure to inspect the area or repair known defects, there may be grounds to make a claim.
· Accidents at work: Claims against the council for personal injury are commonly made by local council employees. If you have been injured at work due to the council’s negligence, you may wish to consider making a no win, no fee claim.
Claims against the council for personal injury: Common injuries
All types of accidents can result in serious and potentially life-threatening injuries. The severity of the injury typically depends on the nature of the accident. The most common types of injuries sustained after an accident include the following:
Head injuries – Trauma to the head can be very serious and can result in concussion or even long-lasting brain damage depending on the force of the accident.
Broken bones – Broken legs, arms, shoulders and even hips are common as the result of road traffic accidents. A road traffic accident can put a huge amount of force on your body that your bones cannot withstand, resulting in painful bone breaks.
Cuts and scrapes – You may endure cuts and scrapes as a result of your accident. These may be caused by the impact of the accident or from debris such as broken glass. The seriousness of these cuts can vary depending on where on your body they are located.
In addition to these physical injuries, you may also endure mental and emotional injuries, which can be just as debilitating.
If you are suffering from any type of injuries due to the council’s negligence, you may wish to consider making a claim for compensation for your injuries. You have three years from the date of your injury to complete your claim; we therefore advise that you initiate your claim as soon as possible to prevent your case from becoming statute barred.
How will my compensation be calculated?
Personal injury compensation amounts are made up of two types of compensation; in legal terms, we call these general damages and special damages.
General Damages – This is the amount you will receive for your pain, suffering and loss of amenity. To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future or the costs of care provided to you.
How much does it cost to make claim against the council for personal injury?
We will always be 100% transparent about what our legal fees and charges are. If we take on your case we will almost always do so on a Conditional Fee Agreement (also known as a No Win, No Fee basis).
This agreement means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
How can Wildwood Legal help?
At Wildwood Legal, our core strength is in personal injury claims. We are experienced in helping Claimants make claims against the council for personal injury. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
We have acted for people from all walks of life who have been injured as the result of the local council’s negligence..
We are authorised and regulated by the Solicitors Regulation Authority.
We value the opinion of our clients. We will always listen to you and take on board what you say. With 25 years of experience in personal injury law, we can help you with your claim. We always strive to put you at ease and explain the process clearly.
Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.
If you are considering making a claim against your local authority, get in contact with us either email us firstname.lastname@example.org or call us on 01423 209 046 for specialist legal advice. You can also use the contact form on the page to request a call from a specialist solicitor.
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