Last Updated 9th April 2025. This guide tells you how to sue a company for negligence if you have been injured either as an employee or in a public place. When at work or while out in public, you are owed a duty of care. If this duty is breached and you suffer an injury, this is known as negligence in tort law. Negligence is the foundation of any personal injury claim. 

By looking at the personal injury claim eligibility criteria for accidents in public places and accidents at work, we highlight who may have a valid claim. We also provide examples of how accidents in these settings could happen due to an employer or occupier being negligent. 

As you continue through this guide, you will see what types of evidence would be handy to collect to strengthen your claim and how personal injury compensation is calculated. 

You will also learn how making a claim with a solicitor who offers a No Win No Fee type of contract benefits claimants. All of our solicitors offer a No Win No Fee service. You could be connected with an experienced personal injury solicitor to help with claiming compensation. Get in touch with us today. You can contact us by:

• Calling 0800 073 8804. 
• Sending a message in our live chat box. 
• Completing our contact us form. 

Browse Our Guide

1. How To Sue A Company For Negligence
2. What Could You Sue A Company For In A Personal Injury Claim?
3. How Do You Sue A Company For Negligence In The UK?
4. How Long Do I Have To Sue A Company For Negligence?
5. How Much Compensation Could You Get From Suing A Company For Negligence?
6. How To Sue A Company For Negligence On A No Win No Fee Basis
7. Learn More About Claiming Compensation Against A Company

How To Sue A Company For Negligence

You may be wondering, ‘How do you sue a company for negligence?’ If you want to make a personal injury claim against a company, you must be able to prove that:

• They owed you a legal duty of care under the relevant legislation.
• This duty was breached. For example, the company failed to follow health and safety regulations.
• Because of this breach, an accident occurred and caused you physical and/or psychological harm.

The duty of care differs slightly, and is covered by different legislation, depending on where the accident happened. Continue reading to learn more about workplace accident and public accident claims.

Accident At Work Claims

Employers must heed Section 2 of the Health and Safety at Work etc. Act 1974, which sets out a legal duty to take all reasonably practicable steps that can help ensure employee safety.

These steps could include:

• Conducting regular risk assessments.
• Regularly checking equipment, and repairing or replacing old and faulty equipment when necessary.
• Keeping work areas clean and free of obstacles.
• Responding quickly to any reported hazards.
• Training employees on working safely and using machinery properly.

A failure to uphold this duty could lead to an accident. Should an employee be injured, they could then sue the company for its role in the accident.

Sue For A Public Accident

If you’re visiting a public space, whether it’s owned by a local authority, private organisation or an individual, you are owed a duty of care. Whoever manages that space must follow the Occupiers’ Liability Act 1957 by taking any measures that keep visitors reasonably safe.

If they do not uphold this duty, someone on their premises could suffer injuries that could have been avoided if the correct preventative steps were taken.

Suing a company for negligence could then be possible if they can prove a connection between the breached duty of care and their injuries.

If you have any questions about how to sue a company for negligence, just call our free helpline and an advisor will be there to provide answers.

To find out more about making a claim against a company, contact our team of advisors today.

How Long Do I Have To Sue A Company For Negligence

If you want to start a negligence claim against a company, you generally have 3 years to do so in accordance with the Limitation Act 1980. This typically begins from the date the accident occurred and you sustained your injuries. However, there are some exceptions to this rule, such as:

• If a child was injured, the 3 year time limit is paused until their 18th birthday as minors cannot start a compensation claim themselves. 
• If a person who lacks mental capacity was injured, the time limit is indefinitely paused as they cannot independently start a claim. However, the 3 year time limit will commence if they regain mental capacity. 

If the time limit is paused on a company negligence claim, a litigation friend may be appointed to the case to claim compensation on behalf of the claimant. They will be given a lot of support by the solicitor working on the claim who will explain how to sue a company for negligence.

Some of the litigation friend’s duties during the claims process include:

• Making key decisions and signing documents on behalf of the claimant 
• Consulting with the solicitor who has been appointed to the claim
• Obtaining evidence such as the company’s CCTV footage 
• Updating the claimant with key information regarding the claim

You can get in touch with our friendly advisors anytime regarding the time limit on your claim or the role of a litigation friend, they are always available to support you. They can also give you more information on suing a company for negligence with no obligation to start a claim.

What Could You Sue A Company For In A Personal Injury Claim?

These accidents could happen in a public place or workspace due to a breach of the legal duty of care:

• Slips, trips and falls. E.g. you could be in a supermarket where there is a spillage, but, no wet floor sign has been displayed despite the workers being aware of the spill. Falling from a slip could lead to complicated breaks and fractures of bones. 
• Falls from a height. E.g. you have been asked to use a ladder at work on a construction site by your employer, but they have not checked the condition of the ladder recently. The ladder actually has damaged/worn feet. So, when you are working from the top of the ladder, the broken ladder topples, leading to serious injuries as you land. Such injuries that could be sustained by falling from a height include paralysis and brain damage. 
• Allergic reactions. E.g. you are eating in a chain restaurant and disclose a food allergy you have upon arrival. Despite this, the server still gives you a meal that has traces of that allergen in it, causing you to suffer anaphylaxis. 
• Being hit by a moving object. E.g. you work in a warehouse and your colleague has been asked to use a forklift truck for the first time. However, the employer has given them inadequate training on how to operate a forklift. This leads to your colleague losing control of the forklift and running you over, creating severe crushing injuries to your limbs. 

If you are seeking compensation after suffering an injury, please don’t hesitate to reach out to us today. Since many types of accidents could happen due to an employer or occupier breaching their duty of care, it is not possible to list all types here, call today for a free case assessment. 

How Do You Sue A Company For Negligence In The UK?

How do you sue a company for negligence after being injured either at work or as a visitor? Having explained the relevant legislation, this section examines how you can prove the company was responsible for your injuries.

Examples of evidence that could be useful can include:

• Medical evidence such as copies of any scans, test results, doctor’s notes and prescription letters.
• It is also worth keeping a diary during your treatment, listing what symptoms you have and the effects these had on you.
• You can request CCTV footage of the accident taking place.
• Photographs of your injuries, the scene of the accident and what caused it.
• For an accident at work, you can copy your incident report from the accident book.
• Those who saw the accident occur could provide a witness statement. Make sure you have their contact information so they can be interviewed during the claims process.

To ask our advisors, “how do you sue a company?” and to potentially get assistance from one of our solicitors when gathering evidence, get in touch for a free eligibility assessment today.

How Much Compensation Could You Get From Suing A Company For Negligence?

When you successfully sue a company for a personal injury, you’ll receive general damages. This is the first of two potential types of compensation, and it covers the pain and suffering you’ve experienced as a result of your injuries.

When this head of compensation is calculated, the Judicial College Guidelines (JCG) can be used to help. This document provides guideline compensation brackets for different injuries, and is often used for reference in claims made in England and Wales.

In the table below, you can see some of the guideline brackets from the JCG displayed beneath an overall potential figure that hasn’t been taken from the JCG. Keep in mind that these figures aren’t guaranteed.

Injury	Severity	Guideline compensation bracket
Multiple serious injuries plus special damages.	Serious	Up to £1,000,000+
Paralysis	Tetraplegia (a)	£396,140 to £493,000
	Paraplegia (b)	£267,340 to £346,890
Brain damage	Very severe (a)	£344,150 to £493,000
	Moderately severe (b)	£267,340 to £344,150
	Moderate (c) (ii)	£110,720 to £183,190
Leg	Amputations (a) (iv)	£119,570 to £162,290
Arm	Severe injuries (a)	£117,360 to £159,770
Back	Severe (a) (i)	£111,150 to £196,450
	Severe (a) (ii)	£90,510 to £107,910

After suing a company for negligence, you might also receive special damages. If you suffer financial losses because of your injuries, special damages can help you recoup them. For example, if you can’t work anymore after your accident, special damages can help you claim back any lost earnings.

This heading can also help cover the cost of:

• Childcare.
• Travel.
• Home adaptations.
• Mobility aids.
• Professional care.
• Help with cleaning or cooking.

Evidence will need to be provided of these financial losses with documents such as invoices, payslips or receipts.

To learn more about how to sue a company in the UK, or to find out how much compensation you could potentially receive, contact our team today.

How To Sue A Company For Negligence On A No Win No Fee Basis

Making a personal injury claim at times can be a complicated process, so we advise seeking professional advice from a legal representative. If you have an eligible injury claim, one of our solicitors could offer you a No Win No Fee agreement. More specifically, our solicitors offer their claimants Conditional Fee Agreements (CFAs). 

CFAs allow anyone to instruct a solicitor for their personal injury claim, no matter their circumstance, as long as their case is valid. When claiming under a CFA, there are no solicitor’s fees for the work your solicitor does before or during the claims process. This is also the case if your claim is not successful. 

If you successfully sue, however, solicitors can take a percentage of your awarded payout before you receive it. This percentage for what solicitors can take has a maximum cap set by the law and is called the success fee. 

Speak To Us About Your Case

Speak to us about your case for free. We will answer any of your questions and assess whether you can proceed with legal action. Our solicitors work hard to deliver their services at the best level. Here are the different ways you can contact us, all available to use 24/7:

• Call 0800 073 8804. 
• Send a message in our live chat box. 
• Complete our contact us form. 

Learn More About Claiming Compensation Against A Company

Here are some extra resources which may inform you further if you have been injured as a member of the public or as an employee and are looking to claim compensation.

Internal:

• Here is our guide on how to sue a company for an injury, but specifically as an employee.
• Find out whether it is difficult to sue your employer while you are still working for them.
• See how much compensation may possibly be awarded if you have been injured after an accident in a shop.

External:

• Gov.UK – if your injury has caused you to have time off work, see if you are entitled to receive Statutory Sick Pay.
• Health and Safety Executive (HSE) – an overview of managing risks at work.
• NHS – a guide on head injury and concussion.

We want to thank you for reading our guide today on how to sue a company for negligence. Please don’t hesitate to reach out to us if you require more information on how to sue for compensation. 

Here you can find out more about our team. You can learn about our expertise, experience, and how we can help you claim compensation.

Meet The Legal Expert Team

Legal Expert is a brand owned by firm of solicitors, JF Law Limited. You can learn all about us and our regulatory information here.

Below, you can find details of the talented individuals who make up our team.

• Patrick Mallon – Head of Workplace Accidents and Public Liability Claims

By Stephen Hudson. Last Updated 2nd January 2025. In this guide, we will explain how to sue a dentist for dental negligence, as well as set out the specific criteria your case must meet in order for you to have a valid dental negligence compensation claim.

Furthermore, this guide will explore the time limits for initiating legal proceedings that need to be adhered to for dental negligence claims. We will also provide example scenarios of negligent dental treatment that could give rise to a valid claim.

Additionally, we will explain how compensation is calculated for a dental claim against a negligent dentist as well as explain the different heads of loss that could be awarded for a successful dental negligence claim. This includes the effects of a physical injury or any impact on your mental health. This guide will end by sharing the various advantages of making your claim with one of our experienced No Win No Fee dental negligence solicitors.

To discuss your potential dental negligent treatment claim, you can contact a member of our advisory team today. They can be reached 24 hours a day, and can also help you answer any question you may have about claiming dental negligence compensation. To reach them, you can:

• Call 0800 073 8804.
• Fill in our “Contact Us” form for a callback.
• Use our live chat.

Select A Section

1. How To Sue A Dentist For Negligence
2. On What Grounds Can I Sue A Dentist?
3. How To Prove A Dental Negligence Claim
4. How Much Compensation For Dental Negligence Claims?
5. How To Sue A Dentist With A No Win No Fee Solicitor
6. Learn More About The Dental Negligence Claims Process

How To Sue A Dentist For Negligence

As trained healthcare professionals, all dentists, whether private or providing NHS services, have a duty of care to provide dental care that meets the correct standard. A failure to meet this standard can cause the patient to experience avoidable harm and would be classed as a breach of their duty of care.

In order to sue the dentist after they provided substandard treatment, you will need to show the following:

1. You were owed a duty of care.
2. The dentist breached this duty by failing to provide care that met the correct standard.
3. This failure caused you to suffer avoidable harm.

For more advice on how to sue a dentist, or to get a free eligiblity consultation for your potential dental negligence claim, get in touch with our advisory team today.

Time Limits To Sue A Dentist

Dental negligence claims are, in most cases, subject to a time limit of 3 years. This can run from the date the dental negligence occurred or the date you first became aware of it, otherwise known as the date of knowledge. This time limit is set out by the Limitation Act 1980.

In certain circumstances, such as cases where the injured person is a minor or those with a reduced mental capacity, exceptions to the 3-year limit can apply.

To learn what these exceptions are or to ask any questions regarding how to sue a dentist for dental negligence, you can contact a member of our team.

On What Grounds Can I Sue A Dentist?

There are a number of circumstances that could arise where you may be able to sue a dentist for dental negligence. Some examples of dental negligence cases may include:

• The dentist took the wrong tooth out during a removal surgery. This not only delayed the treatment of the infected tooth they were meant to originally remove but could cause further pain and complications due to the wrong tooth being removed.
• You suffered dental nerve damage after the dentist fractured teeth in a dental error. The damaged teeth had to be removed in a subsequent procedure.
• During your surgery, the dentist damaged surrounding teeth causing further injury. As well as the substantial cosmetic impacts of this, one of the damaged teeth developed a painful dental abscess, necessitating further removals.

These are only a few examples. To check the validity of your dental negligence case, you can contact a member of our advisory team.

How To Complain About Negligent Dental Care

As well as making a claim, you can also complain about dental treatment if you feel the care you received did not reach the correct standard. How you do this will depend on whether you are complaining about a public or private dental practice.

You can also contact our advisors to learn more about a dental negligence compensation claim.

How To Prove A Dental Negligence Claim

When suing the dentist for dental negligence, you will need to have sufficient evidence that proves the harm you suffered and that your dentist was liable for failing to adhere to their duty of care.

Some examples of evidence that could be used to help support a dental negligence claim include

• Medical records, such as your dental records, can be used to show any additional treatment you require. Your dental records may also include X-rays of your teeth. 
• The contact details of anyone who witnessed your negligent treatment, for example, if a family member attended your dental appointment with you. 
• Photographs of the visible effects of your harm. 
• A personal diary where you have recorded your symptoms and treatment. 
• Evidence of any financial losses you have suffered due to dental negligence, such as an invoice for further dental treatment.

It may seem daunting to collect all the evidence you need to sue a dentist. This is why, if you are connected with one of our specialist No Win No Fee solicitors, they will help you collect evidence. 

So, for help on how to sue a dentist, please contact us today.

How Much Compensation For Dental Negligence Claims?

Dental negligence compensation can depend on a number of different factors, including how much evidence you have and how severe your injuries are.

Generally, dental negligence compensation payouts can be split into two heads. The first, general damages, covers the pain and suffering you experience as a result of the harm you suffered. All successful dental negligence claims are awarded general damages.

When compensation under this heading is valued, the guideline compensation brackets found in the Judicial College Guidelines (JCG) can be used to help. The JCG lists compensation guidelines for various forms of harm.

Take a look at the table below to find some examples of these brackets, but please note that the first entry hasn’t been taken from the JCG. Please also note that this table is for guidance only.

Type of Harm	Severity	Bracket Guidance
Multiple Serious Injuries with Special Damages	Serious	Up to £250,000+
Facial Disfigurement	Very Severe Scarring (a)	£36,340 to £118,790
	Less Severe Scarring (b)	£21,920 to £59,090
	Significant Scarring (c)	£11,120 to £36,720
	Less Significant Scarring (d)	£4,820 to £16,770
Skeletal Injuries (facial)	Jaw Fractures (e) (i)	£37,210 to £55,570
	Jaw Fractures (e) (ii)	£21,920 to £37,210
	Damage To Teeth (f) (i)	£10,660 to £13,930
	Damage To Teeth (f) (ii)	£5,310 to £9,310

The second heading is special damages, and this covers the financial losses you experience because of the harm. This heading can cover expenses like:

• Lost earnings.
• Travel costs.
• The cost of crowns, implants, and other cosmetic dental treatments.

However, not all successful dental negligence claims will be awarded special damages. Because of this, evidence of these losses will need to be provided when claiming for special damages. This could include invoices, bank statements, payslips, and receipts.

To find out if you could make a dental negligence claim, contact us today. Or, read on to learn more about the claims process.

How To Sue A Dentist With A No Win No Fee Solicitor

If you contact our team of advisors about suing the dentist, they could review your case for free. If they determine you have valid reasons to sue a dentist and there’s evidence to back up your case, then they could then connect you with one of our No Win No Fee solicitors.

Our No Win No Fee solicitors can support a dentist negligence claim under a Conditional Fee Agreement. Such an agreement offers the following benefits:

• You won’t need to pay your solicitor for their services before your claim starts or while it’s being processed.
• If your claim is unsuccessful, then you usually still don’t need to pay for your solicitor’s work.
• Following a successful claim, your solicitor will cover their payment by taking a legally capped percentage from the compensation awarded to you. This is known as a success fee. The legal cap ensures that the majority of your compensation is kept by you.

You can contact our advisors for free today to ask questions you may have, such as how to sue a dentist with a No Win No Fee solicitor or how to prove dental negligence. To get in touch with our team, you can:

• Call us on 0800 073 8804
• Use our online claim form
• Or you can use our 24/7 live chat

Learn More About The Dental Negligence Claims Process

You can read more of our dental negligence claims guides here:

• Information regarding how long does a dental negligence claim take if you have a valid case.
• Read this guide on starting a wrong tooth extraction claim and how compensation for such negligence is calculated.
• Read our example case study detailing how it may be possible to receive £40,000 compensation for a wrong tooth extraction here.

We have also included these external resources that you may find useful:

• You can learn more about making a complaint to your dental professional with this guidance from the General Dental Council.
• Find out more about the symptoms and treatment for dental abscesses on this NHS page.
• Learn when you could be eligible to claim statutory sick pay on this government webpage.

Contact our advisors if you still have any further questions on how to sue a dentist for dental negligence.

By Danielle Jordan. Last Updated 11th June 2024. In this guide, we focus on claiming personal data breach compensation for the effects of inappropriate access to medical records in the UK. Winning a claim entitles you to compensation that could cover both material and non-material damage, which we explain in detail at the beginning of the guide.

The personal data in your medical records is protected by two major pieces of data protection acts. We cover both and explain what a personal data breach is before laying out the criteria you must meet to have a valid compensation claim.

Read through our guide to see examples of inappropriate medical records access and how you could benefit from being represented by one of our expert No Win No Fee solicitors.

Our advisors are available right now for further guidance and a free assessment of your potential claim. Learn more by going through any of these avenues:

• Call 0800 073 8804.
• Ask about your claim online so we can get back to you.
• Talk to an advisor today through the live chat feature below.

Select A Section

1. How Much Could You Claim For Inappropriate Access To Medical Records In The UK?
2. What Is Inappropriate Access To A Patient’s Medical Records In The UK?
3. Can Someone Access My Medical Records Without My Permission?
4. Can You Sue For Inappropriate Access To Health Records?
5. What Should I Do If My Medical Records Are Accessed?
6. How Legal Expert Could Help With No Win No Fee Data Breach Claims

How Much Could You Claim For Inappropriate Access To Medical Records In The UK?

If someone has inappropriately accessed your medical records in the UK, you may be curious as to know if you could make a data breach claim for the harm this has caused you. Further down our guide, we look at the eligibility criteria that must satisfied to have an eligible personal data breach claim. In this section, we look at the types of compensation that could be awarded for the impacts a data breach has had on you, the data subject. 

If you have suffered emotionally or mentally, this is known as non-material damage for which you will be compensated for should your claim be successful. This could include post-traumatic stress disorder, otherwise known as PTSD, as well as other forms of psychological injury like anxiety or depression. 

Guideline compensation figures for psychological injuries can be found in the Judicial College Guidelines (JCG), a document that may be used by those figuring out your non-material damage payout.

We have used JCG figures in the table below, plus an entry at the top (which is not part of the JCG), to illustrate how compensation for severe mental injuries and substantial financial loss could look. Please note that this is only a guide.

INJURY	SEVERITY	COMPENSATION
Very Severe Psychological Injury Plus Material Damage	Very Severe	Up to £250,000 and above
General Psychiatric Harm	Severe	£66,920 to £141,240
	Moderately Severe	£23,270 to £66,920
	Moderate	£7,150 to £23,270
Post-Traumatic Stress Disorder (PTSD)	Severe	£73,050 to £122,850
	Moderately Severe	£28,250 to £73,050
	Moderate	£9,980 to £28,250

Financial Losses

The financial impact of a personal breach is known as material damage. For example, if you lose out on work earnings due to the stress of a breach, those losses could be factored into your payout.

Due to a Court of Appeal ruling in the case of Vidal-Hall and others v Google Inc [2015], it is possible to claim both material and non-material damage or to claim for either independently.

Call the number above today if you would like to learn whether you could make a personal data breach compensation claim for the impact of inappropriate access to your medical records.

What Is Inappropriate Access To A Patient’s Medical Records In The UK?

For a person or company to access your medical records they must have authorisation to do so. To process these records there will need to be a lawful basis in place under data protection law. 

Inappropriate access to medical records in the UK could be when someone views your health records under the wrong circumstances. For example: 

• A nurse views the medical records of someone they consider to be famous or in the public eye.
• A doctor accesses a relative’s health records even though they are not their patient.
• A colleague in a hospital looks up the medical records of another colleague.

What is the difference between unauthorised access to patient medical records and inappropriately viewing them? Someone who inappropriately views the medical records of someone may have the authorisation to view their records, but they are not doing it for a medical purpose. A person who has no authorisation would have no authority to ever view this information.

Case Study: Inappropriate Access To Medical Records

There have been quite a few cases where medical staff have gained inappropriate access to medical records.

Between 2017 and 2022, there were 194 incidents involving doctors accessing medical records without a clinical reason that resulted in complaints to the General Medical Council (GMC). 24 of these incidents resulted in the GMC taking disciplinary action, including 2 cases of doctors being struck off.

Another case occurred in 2017. Two members of the hospital staff were disciplined for gaining access to musician Ed Sheeran’s medical records without reason while he was in the hospital for a broken arm. One member of the medical staff received a written warning, while a member of the admin staff was fired.

Sources: https://www.theguardian.com/society/2023/jun/13/doctors-censured-medical-record-breaches-gmc

https://www.bbc.co.uk/news/uk-england-suffolk-44155784

Contact our advisors today if you have any questions about making a medical data breach claim.

Can Someone Access My Medical Records Without My Permission?

To view a person’s medical records you must have authorisation to do so. This means that in most cases, your permission will be needed for anyone to view the information contained within your health records. To process these records, there must be a lawful basis. There are 6 lawful bases and only one of these is consent. Below we look at examples of entities that can access your medical records: 

• Power of attorney – someone you trust is in charge of your affairs
• Be in a position to act on someone else’s behalf as you have their consent. 
• Have a legal basis for accessing medical records, such as your GP or hospital. 

To find out if you could make a personal data breach claim because someone inappropriately accessed your medical records, call us today, and an advisor can provide you with a free assessment of your potential claim.

Can You Sue For Inappropriate Access To Health Records?

Those who process your personal data and any personally sensitive data, such as personal information related to your health, must do so in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. These data protection laws set out the responsibilities for those who handle your data. 

There are two entities under these laws that are responsible for the protection of your personal data:

• Data controllers, who determine why and how your data is processed.
• Data processors. They may be instructed to process data by a data controller, though a controller can choose to do it themselves.

If either party fails to follow data protection law, then a personal data breach could occur, for example, a hospital (data controller) could fail to train their staff on the importance of data protection, and a member of staff could disclose the medical data of a patient to an unauthorised person.

A personal data breach, as defined by the Information Commissioner’s Office (ICO), an independent public body that works to protect the public’s data rights, is a security incident impacting the confidentiality, availability or integrity of someone’s personal data.

The eligibility criteria to make a personal data breach compensation claim under data protection laws are as follows:

• A data controller or processor failed to uphold their responsibilities under data protection legislation.
• This led to a data breach that affected your personal data.
• Because of this breach, you suffered mental or financial damage or both.

What Should I Do If My Medical Records Are Accessed?

If your medical records have been accessed in a data breach, then you should be notified without delay if this affects your rights and freedoms. You should be sent a data breach notification letter which could be used as evidence if you go on to make a claim. 

If you haven’t been informed of a personal data breach but believe one has occurred, you could contact the data controller directly. Keep hold of any correspondence you have with them, as it could form part of the evidence you submit if you make a medical data breach compensation claim.

Do I Need To Let The ICO Know About The Inappropriate Access To My Medical Records?

If you do not get a satisfactory response, wait no longer than three months, before you contact the ICO and make them aware of the situation. If they investigate and determine that a data controller or processor’s failings caused a breach, their findings could be used to back up your claim. 

Also collect proof of any financial loss, through bank or credit card statements, or payslips. A psychiatrist’s report could act as evidence of psychological injury suffered because of the data breach.

How Legal Expert Could Help With No Win No Fee Data Breach Claims

If you are in the UK and have been affected by your medical records being accessed inappropriately, call us to discuss your potential to claim. If you have valid grounds, one of our experienced data breach claim solicitors could help you seek compensation.

Our solicitors offer their services on a No Win No Fee basis, through a Conditional Fee Agreement. This arrangement means you will not pay a penny for their work either upfront or as the case goes on. If the solicitor does not secure compensation for you, they do not collect payment for their services.

A success fee would go the solicitor’s way if you win. This will only be a small percentage of your payout, which is certain because The Conditional Fee Agreements Order 2013 sets a legal cap. 

Contact Us

Why not call us today? There is nothing to lose from talking to us, and no obligation to begin legal proceedings. Our advisors can share relevant information and answer any data breach compensation questions you may have.

Furthermore, an assessment can show you whether you have good grounds to start a claim. If you do, we could save you time by connecting you to one of our expert solicitors so they can pick up your case right away.

It is completely free to contact us, so to get started, choose any of these options:

• Call 0800 073 8804.
• Write to us about your claim online and choose a time for us to call.
• Open the live chat tab at the bottom of this page and send a message.

Data Breach Resources For Breach Of Medical Records 

You can also get useful guidance on data breach claims through our other articles, like the ones below:

• When you can claim for a psychiatrist data breach and how we can help.
• How you can make an anxiety data breach claim if a breach affected you psychologically.
• Claiming for the effects of medical conditions being exposed due to a data breach.

Further information relevant to data breaches can be found here:

• The ICO provides an example of someone illegally accessing medical records through a 2019 incident.
• Information from the ICO related to health data and your right of access.
• The NHS explains how you can view your GP health record online.

Thank you for reading our guide on making a data breach compensation claim for inappropriate access to medical records in the UK. Please call if you would like to discuss your possible claim for a breach of your medical records in detail.

Last updated 3rd December 2024. This guide explores how to sue a hospital for negligence by discussing the eligibility criteria for medical negligence claims and the evidence you could gather to strengthen your case. Furthermore, we look at how an expert solicitor could assist you with seeking compensation for hospital negligence and the benefits of them doing so under No Win No Fee terms.

Medical professionals owe their patients a duty of care. This means they need to provide the correct standard of care. If there is a failure to do so, and this leads to a patient suffering avoidable harm, this could constitute medical negligence.

If you’re eligible, you could seek compensation to address the physical and psychological impacts of medical negligence. We explore how settlements awarded in successful hospital negligence claims are calculated and what they could include later in our guide.

Read on to learn more about how to sue compensation for hospital negligence. Alternatively, you can get in touch with our team if you have any questions about making a medical negligence claim. An advisor can provide free guidance 24/7.  To get in touch, you can:

• Call on 0800 073 8804
• Talk to us about your claim online
• Use the pop-up live chat window

Select A Section

1. How To Sue A Hospital For Negligence
2. Examples Of Hospital Negligence
3. What Evidence Can Support Medical Negligence Claims?
4. Calculating Settlements For Hospital Negligence
5. How To Sue A Hospital For Negligence On A No Win No Fee Basis
6. Find Out More About Making A Medical Negligence Claim

How To Sue A Hospital For Negligence

As mentioned, medical professionals owe their patients a duty of care. This extends to those working in a hospital, such as surgeons, doctors, and nurses. The duty placed on them requires them to provide care that meets the correct standard.

In order to sue a hospital for negligence, you must be able to meet the eligibility criteria for medical negligence claims. These are:

• A medical professional owed you a duty of care.
• This duty of care was breached.
• You suffered avoidable harm as a result.

What Is The Time Limit To Sue A Hospital For Negligence?

When looking into how to sue a hospital for negligence, it’s important to be aware of how long you have to start legal proceedings. Generally, as stated by the Limitation Act 1980, you have 3 years to begin a medical or clinical negligence claim.

This time limit can run from the date the medical negligence occurred or the date you became aware that the avoidable harm you suffered resulted from a medical professional providing substandard care.

There are exceptions to this limitation period, such as if the party is under the age of 18 or they lack the mental capacity to start their own claim.

For further guidance on the time limits and eligibility criteria for hospital negligence claims, please contact an advisor on the number above.

Examples Of Hospital Negligence

Medical or clinical negligence in a hospital can take many forms. Below, we have provided a few examples of how a negligent care in a hospital could be given.

Misdiagnosis, Missed Diagnosis And Delayed Diagnosis

For example, you may have attended the hospital with clear signs of a fractured ankle but, because the doctor treating you failed to listen to your symptoms or examine you correctly, your fracture was missed and you were sent home without any treatment.

Alternatively, you may have been given the wrong diagnosis of a sprained ankle. In both circumstances, there will have been a delay in you receiving the correct diagnosis and therefore a delay in treatment being given for the correct condition.

Birth Injuries

Both the mother and the child could suffer injuries at birth. One example could be if the baby’s oxygen levels are not being properly monitored and the baby is temporarily starved of oxygen. This could result in them developing cerebral palsy.

Alternatively, the midwife may have used forceps incorrectly causing the mother to sustain a pelvic fracture during labour.

Surgical Errors

An error in surgery could include never events, which are serious incidents that should never happen. For instance, you may be scheduled for an amputation on your left arm, only to have your right arm removed instead due to a mistake. This is known as wrong-site surgery.

Another surgical error could include where the surgical team, including the anesthetist failed to check your medical records before administering a certain pain killer. As a result, you had an allergic reaction and suffered harm that could have been avoided.

Medication Errors

For example, you may have been prescribed a medication by a doctor in hospital to which you had a known allergy. Another example could include being administered the wrong dosage leading you to experience symptoms of an overdose.

Please note the above medical error examples may not necessarily lead to a valid hospital negligence claim against a healthcare provider. You must prove that a medical practitioner breached their duty of care and this led to you suffering avoidable harm in order to be eligible to seek medical negligence compensation.

Call on the number above to discuss your specific case and learn how to sue a hospital for negligence.

What Evidence Can Support Medical Negligence Claims?

In order to make a medical negligence claim, you need to collect evidence to strengthen your case and prove that a healthcare professional provided substandard care and caused you to suffer avoidable harm as a result. Examples of the evidence you could gather include:

• Copies of your medical records, such as X-ray scans, blood test results, letters from your doctor or the hospital, and prescription slips.
• A personal diary containing details of your physical and psychological state.
• Witness contact details, such as those who attended appointments with you. Witness statements could be taken at a later date to substantiate your case.
• Pictures of any visible harm, such as surgical wounds from unnecessary surgery.

Additionally, hospital negligence claims may also be subject to the Bolam test. This involves a panel of medical professionals trained in a relevant field determining whether the proper care of the correct standard was given when you received medical treatment. You won’t need to arrange this yourself and whether it’s carried out will be dependent on your specific case.

Furthermore, you may be asked to attend an independent medical assessment as part of the medical negligence claims process. This will generate a report that contains details about the avoidable harm you have suffered and the extent to which it’s likely to impact you in the future. The report can be used to help when determining how much medical negligence compensation you’re owed.

To find out more about how you can support a hospital negligence claim against a healthcare provider, get in touch with our advisors today.

Calculating Settlements For Hospital Negligence

While you might be wondering what the average payout is for a successful hospital negligence claim, each case is valued based on the independent circumstances of your case. As such, it would be difficult to provide an average.

Generally, medical negligence compensation payouts awarded following a successful claim can comprise up to two heads of loss. The first of these is called general damages which compensates for the physical and psychological impacts of the medical negligence.

Those responsible for valuing general damages can use your independent medical report alongside the Judicial College Guidelines (JCG).

The JCG comprises a list of guideline compensation brackets that correspond to different types of harm. You can find some of these in the table below. Please use the figures as a guide only and keep in mind that the top figure is not from the JCG.

Compensation Table

Harm Type	Severity	Compensation Bracket - Guidelines
Multiple serious injuries and illnesses with special damages	Serious	Up to £1,000,000+
Brain Damage	Very Severe (a)	£344,150 to £493,000
	Moderate (c)(ii)	£110,720 to £183,190
Arm Amputation	Loss of both arms (a)	£293,850 to £366,100
	Loss of one arm (b)(i)	Not Less Than £167,380
Kidney	Permanent and serious damage or loss to both kidneys (a)	£206,730 to £256,780
	Loss of one kidney (c)	£37,550 to £54,760
Bladder	Double incontinence (a)	Up to £224,790
Spleen	Loss of spleen (a)	£25,380 to £32,090

Special Damages

Special damages is the second head of loss which compensates for the financial losses of the medical negligence. Under this head, you could seek reimbursement of the following costs:

• Loss of earnings
• Medical expenses
• Travel costs
• Care at home

Keep hold of evidence, such as payslips and receipts, to prove these monetary losses.

For further guidance on how much compensation could be awarded in successful hospital negligence claims, please contact our team of helpful advisors.

How To Sue A Hospital For Negligence On A No Win No Fee Basis

If you want to know how to sue a hospital for negligence on a No Win No Fee basis, you should contact us. If our advisors confirm that you have an eligible claim, they can connect you with one of our specialist No Win No Fee solicitors. 

Here is what is included in our solicitors’ services:

• Collecting evidence.
• Corresponding with the defendant on your behalf. 
• Explaining legal jargon.
• Ensuring compensation is accurately and fairly calculated. 
• Ensuring the claim is filed within the time limit. 
• Updating you throughout the whole claims process on any progress.

Furthermore, they can provide these services under a Conditional Fee Agreement (CFA), which means:

• You pay nothing for your solicitor’s services upfront.
• You pay nothing for your solicitor’s services throughout the whole claims process.
• You pay nothing for your solicitor’s services at all if the claim isn’t successful.

If the claim is successful, your solicitor can take a success fee from your compensation. A success fee is a small percentage that is capped by law to ensure that you receive most of the compensation.

So, please contact us today to learn more about how to sue a hospital on a No Win No Fee basis.

Contact Us

Contact our team if you have any questions about suing a hospital for negligence, including what eligibility criteria you need to meet, how compensation is calculated in successful claims, and whether one of our specialist medical negligence solicitors could represent you on a No Win No Fee basis.

They can provide free advice on claiming for hospital negligence 24/7 and answer any questions you have after reading our helpful guide.

You can reach out and seek advice via the details below:

• Call on 0800 073 8804
• Talk to us about your claim online
• Use the pop-up live chat window

Find Out More About Making A Medical Negligence Claim

For more of our helpful clinical negligence claims guides:

• Find out how to prove medical negligence with our helpful guide.
• Discover whether you could make a clinical negligence claim for paralysis after surgery due to a surgical error.
• A helpful guide on stillbirth negligence claims including when you could seek compensation.

For more helpful external resources:

• Information on how to raise a concern about your doctor from the General Medical Council.
• Guidance on the principles and values of NHS England from GOV.UK.
• Information on good surgical practice from the Royal College of Surgeons in England.

Thank you for reading our guide on how to sue a hospital for negligence following medical errors that caused you to suffer avoidable harm. If you have any other questions, please get in touch using the details above. You could be connected with one our hospital negligence solicitors if your claim is valid.

Damp and mould is becoming a more widely reported problem for many people in the UK. The issue is becoming so severe that people are contracting illnesses said to be caused by the fungi. In some tragic cases, it’s lead to people losing their lives.

We recognise how important this problem is and set out to uncover the full figures from local councils.

How We Conducted Our Research

Under the Freedom of Information Act 2000, we wrote to every council in the country and asked them a series of questions.

Namely, we sought details of the number of complaints made about damp and mould by their tenants, how much has been spent on repairs, and the number of complaints and housing disrepair claims that have been made.

Below, you can find the results of our research, broken down by area.

If you’d like to see the results of our FOI requests, please get in touch.

Damp And Mould In Council Houses: Area Breakdown

Aberdeenshire Council

New data from LegalExpert.co.uk has revealed that Aberdeenshire Council has forked out a staggering £21 million on council house repairs. 

This is the result of 351 complaints about disrepair received by the council during this time.

Complaints include delays in routine repairs being carried out, behaviour of staff carrying out repairs and quality of repairs carried out.

Our research can confirm that Aberdeenshire Council spent a total of £21,329,577 on council house disrepairs between November 2021 and November 2023. 

This is the total cost of completed emergency and response repairs to occupied properties raised between this period, according to the council.

Additionally, a total of 41 complaints about damp or mould within a property were raised by tenants during the same period.

The council paid out a total of £152,535 in relation to these issues.

Adur Worthing Council

Adur Worthing Council forks out £3K following complaints from tenants about mould and damp.

After receiving a total of 88 complaints regarding damp and mould in council properties, Adur Worthing Council confirmed it has paid a total of £287,049.81 on repairs since November 2021.

Central Bedfordshire

Central Bedfordshire Council paid out £350,000 in repairs following damp and mould complaints in the last two years.

After receiving a total of 52 complaints regarding damp and mould in council properties as well as others on housing disrepair, CBC confirmed it has paid a total of £354,321.23 between November 2021 and 2023 on repairs.

Cardiff Council

Mould and Damp problems cost Cardiff Council over £1.5k following complaints from council house tenants.

After receiving a total of 136 complaints regarding damp and mould in council properties, Cardiff Council confirmed it has paid a total of £153,758 on repairs since November 2021.

East Renfrewshire

East Renfrewshire Council paid out £4.5 million on council house repairs. 

This is the result of just 91 complaints received by the council on issues including mould, damp and housing disrepairs in council-owned properties.

ERC has confirmed that it spent a total of £4,405,959.91 following complaints from tenants. Of this amount, £189,548.48 was spent on tackling dampness alone.

Fareham Borough Council 

Fareham Council has spent more than £400,000 on damp and mould repairs in council properties following hundreds of complaints.

A total of 637 complaints were made to Fareham Council about damp and mould alone since November 2021.

This amounts to a whopping £439,821.73 spent on tackling the issues. Figures we obtained also show the council spent a further £4,970.30 on housing repairs following just 5 complaints from tenants.

Fife Council

Fife Council received a whopping 1,652 complaints and mould and damp in council owned properties since November, 2021. 

The Council has spent around £400,000 on tackling the issues. A further 92 complaints were made in regards to housing disrepair.

Great Yarmouth Council

Great Yarmouth Council received 1,048 complaints about mould and damp in council owned properties since November, 2021. 

The Council has spent around £350,000 on tackling the issues. A further 51 complaints were made in regards to housing disrepair. 

In total, GYC forked out £343,480.93 just on mould and damp issues in their properties.

This guide examines when you could be eligible to make a personnel records data breach claim. Certain parties must follow data protection legislation in order to protect your personal data. Failure to adhere to data protection laws could result in a breach of your personal data causing you financial loss and/or mental harm. We cover the laws in more detail throughout our guide, as well as what a personal data breach is and how one could occur. 

Furthermore, this guide tells you how to prove that the data from your personnel records has been breached and what impact it had on your mental health and/or finances. We also look at how compensation is calculated in successful data breach claims. 

Finally, we discuss the benefits of working with one of our expert No Win No Fees solicitors when seeking data breach compensation.

For more information about claiming for a breach of your personal data, please get in touch with us. To do so, you can:

• Call 0800 073 8804. 
• Make an inquiry about your claim online
• Message us using the live pop-up chat feature.

Jump To A Section

1. When Could You Claim For A Personnel Records Data Breach?
2. How Should Your Employer Protect Personal Data?
3. How To Prove A Data Breach Claim
4. What Could Your Personnel Records Data Breach Claim Be Worth?
5. Get In Touch To Claim For A Personnel Records Data Breach On A No Win No Fee Basis
6. Discover More About Employee And Employer Data Breaches

When Could You Claim For A Personnel Records Data Breach?

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018) are the laws that protect personal data which is any information that can be used to identify you. Data controllers and processors must follow the DPA and the UK GDPR in order to process, store, and handle personal data lawfully. 

The data controller is the party in charge of deciding how and why your personal information will be processed. In some cases, they may also process the data themselves. However, if they choose to, they can outsource this task to the data processor who processes personal data on behalf of the data controller. In the case of a personnel records data breach, your employer would be the data controller.

If either of these parties fails to follow data protection laws, it could potentially result in a personal data breach. A personal data breach can be defined as a security incident that compromises the integrity, availability, and confidentiality of your personal data. This definition is provided by the Information Commissioner’s Office (ICO), an independent body set up to uphold information rights in the UK.

Article 82 of the UK GDPR establishes when you are eligible to claim data breach compensation:

• The data controller or data processor failed to adhere to data protection law.
• Because of this failure, your personal data was breached. 
• Because of this breach, you experienced financial and/or psychological damage.  

Time Limits

Generally, you need to begin your data breach claim within 6 years. However, this is reduced to a 1-year time limit if you are claiming against a public body.

Get in touch with us as soon as possible to confirm whether you meet the eligibility criteria to begin a personnel records data breach claim and how long you have to seek compensation.

How Should Your Employer Protect Personal Data?

Personal data is any type of information that can be used, either solely or in combination with other data, to identify who you are, such as your name, email address, phone number, and National Insurance number. There is another type of personal data that requires extra protection due to it being more sensitive, known as special category data. This can include data concerning your health, such as health and disability information, biometric data, where used for identification purposes, and data revealing your racial or ethnic origin. Personal data such as this could be held in your employee personnel record, which is a record relating to an employee of an organisation. 

Here are some steps and actions that employers should take in order to comply with UK GDPR and DPA to protect an employee’s personal data and avoid a cyber security incident or human error data breach:

• Make sure all access to electronic documents is password protected and that there is a robust cyber security system in place. 
• Putting locks on cabinets that have paper documents inside and ensuring those with access to these cabinets is limited to those who require it, such as the Human Resources and management team. 
• Training staff appropriately so they know how to dispose of and destroy personnel files when it is required to do so. This means shredding files instead of simply putting them in the bin to avoid an unauthorised party gaining access. 

Speak to us to discuss your specific case and find out whether you’re eligible to make a personnel records data breach claim.

How To Prove A Data Breach Claim

Providing evidence for your personnel records data breach claim is important as you need to show how you have suffered financially and/or psychologically due to your personal information being compromised. You could collect, for example:

• A letter from the data controller confirming that a breach occurred and what personal data was affected. Data controllers are required to notify you without undue delay if a breach has put your rights and freedoms at risk.
• Other correspondence between you and the data controller about the breach. For example, if you suspect a breach of your personal data has happened, you can contact them. Any emails or letters sent can form part of the body of evidence to support your claim. 
• Evidence of financial losses caused by the breach. For example, you could provide wage slips showing any lost income incurred because of time taken off work to deal with the mental impact of the breach.
• Medical evidence, such as a report or letter from your GP showing any psychiatric harm you have suffered, like anxiety and distress. 
• Any findings from an ICO investigation. You can contact the ICO if you’ve had no meaningful response from the organisation. They might investigate and if they do, you can use the findings as evidence to support your claim.

If you work with one of our expert solicitors when making a data breach claim, they could help you gather evidence and build your case as part of the services they offer. Call us to find out more.

What Could Your Personnel Records Data Breach Claim Be Worth?

If your personnel records data breach claim succeeds, how much your claim could be worth depends on the psychological harm (non-material damage) and financial loss (material damage) you suffered due to the personal data breach. You do not need to have suffered any material damage in order to recover compensation for non-material damage. 

The Judicial College Guidelines (JCG) list different types of psychiatric and psychological injuries alongside guideline compensation brackets for each. When your compensation is being calculated, the JCG will be looked at along with an assessment of your medical reports. 

The table below, for your guidance only, contains figures found in the JCG, with the exception of the first entry.

Compensation Table

Edit

Injury	Severity	Guideline Valuation Bracket	Notes
Serious impact to mental health with significant financial losses	Serious	Up to £150,000+	The person experiences a severe impact to their mental health with a poor prognosis resulting in substantial monetary losses, such as loss of earnings.
Psychiatric Damage	Severe (a)	£54,830 to £115,730	Poor prognosis with marked problems that affect different areas of one’s life, such as the ability to cope with work.
	Moderately severe (b)	£19,070 to £54,830	Prognosis is much more optimistic but there are still significant problems with different areas of one’s life.
	Moderate (c)	£5,860 to £19,070	Good prognosis and a marked improvement.
	Less severe (d)	£1,540 to £5,860	The award will be determined by the how daily activities are affected and how long for.
Post-Traumatic Stress Disorder	Severe (a)	£59,860 to £100,670	All aspects of life will be permanently and badly affected and the person will not be able to function at a pre-trauma level.
	Moderately severe (b)	£23,150 to £59,860	There is a better prognosis and some recovery due to professional help. However, for the foreseeable, there will be significant disability.
	Moderate (c)	£8,180 to £23,150	Continuing effects are not grossly disabling because a large recovery is made.
	Less severe (d)	£3,950 to £8,180	A virtually full recovery will be made within 2 years with only minor symptoms persisting longer.

Material Damage

You are able to claim compensation for material damage independently or alongside non-material damage and vice versa. An example of a financial loss you may have experienced directly from a personnel records data breach is a loss of earnings if you have time off work due to stress. As mentioned earlier, evidence, such as wage slips, can help prove this loss.

Please speak to us if you wish to discuss how data breach compensation is calculated in more detail. 

Get In Touch To Claim For A Personnel Records Data Breach On A No Win No Fee Basis

Once you have received a free assessment of your case, you may be connected to our data breach solicitors if you have an eligible personnel records data breach claim. Our solicitors offer their services under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA).

A CFA presents significant benefits since there are no upfront or ongoing fees to pay for the solicitor’s services. If your claim is unsuccessful, there is also no need for the solicitor’s services to be paid. 

If your data breach claim succeeds, a small percentage of your compensation will be taken by your solicitor. This is known as the success fee. There is a legal limit to the maximum percentage of your compensation that can be taken, so, the majority of your compensation is yours to keep. 

Contact Us

Contact us today to potentially begin the claims process for your personnel records data breach. We can offer you free advice and support and potentially connect you with one of our solicitors. To reach out, you can:

• Call 0800 073 8804. 
• Make an inquiry about your claim online
• Message us using the live pop-up chat feature.

Discover More About Employee And Employer Data Breaches

Try checking out our other data breach claims guides:

• If a trainee breached your personal data at work, find out whether you could make a claim.
• See how you could potentially make a data breach claim against a former employer if they breached the UK GDPR.
• See what you can do if a breach of your personal data has caused existing mental health problems to worsen.

Alternatively, these external resources may give you some extra useful information:

• GOV.UK – A guide on data protection for businesses and how they should manage staff records.
• NHS – Guidance on how to access mental health services.
• ICO – Information on your right to access your personal data.

Thank you for reading our guide today on when you can claim for a personnel records data breach. If you have any other questions, call the number above to speak with us.

With significant experience in medical negligence claims, we understand and appreciate the impact errors and poor standards of care can have. Its prompted us to conduct our own research into the issue. Here, you can find the results.

Our Research Into Compensation Payouts For Medical Negligence – Methodology

Our research seeks to identify any growing trends or issues in medical negligence. In particular, we seek to examine which Trusts pay out the most in compensation, how much they’ve paid, and the reasons for those payouts.

To obtain this data, we wrote to all NHS trusts in the country under the Freedom of Information Act 2000 to formally request this data.

Our Findings

Below, you can find the results of our research into compensation payouts for medical negligence, broken down by each NHS hospital trust.

Royal National Orthopaedic Hospital NHS Trust

Medical negligence claims have cost the Royal National Orthopaedic Hospital NHS Trust more than £800k in the past year.

A Freedom of Information request uncovered that 14 medical negligence claims were made against the Trust from July 2022 to June 2023.

The total figure of £804,824.32 paid out by the Trust during this period was irrespective of when the claim was initially submitted. 

Out of the 187 complaints that the Trust received last year, over 10%  related to poor or substandard care. All staff have a duty to provide patients with reasonable care expected of any medical professional. 

The Royal Wolverhampton NHS Trust

Medical negligence claims have cost The Royal Wolverhampton NHS Trust more than £10m in the last year.

A Freedom of Information request found that the Trust paid out a total of £10,871,599.14 from July 2022 to July 2023, irrespective of when the claim was made.

In this same period, 229 medical negligence claims were lodged against the Trust.

Additionally, 473 separate complaints were received by the Trust. Out of those complaints, 46.5% allegedly related to poor or substandard care.

The complaints, when broken down, confirmed:

• 106 related to the general care of patients
• 88 related to clinical treatment
• 26 related to diagnoses 

Birmingham Community Healthcare NHS Foundation Trust

Birmingham Community Healthcare NHS Foundation Trust has paid out £118,581 as a result of medical negligence claims in the last year.

In addition, the Trust dealt with 15 medical negligence claims from July 2022 to July 2023.

During the same period, the Trust dealt with 186 complaints. Out of those complaints, 51% were allegedly caused by poor or substandard care.

Liverpool Women’s Hospital NHS Trust

Medical negligence claims have cost Liverpool Women’s Hospital a total of £8,439,009 in the last year.

Out of the 66 complaints made against the Trust from July 2022 to July 2023, 29 were a result of poor or substandard care relating to clinical treatment and patient care.

In the same period, 46 medical negligence claims were lodged against the Trust.

North Cumbria Integrated Care NHS Foundation Trust

North Cumbria Integrated Care NHS Foundation Trust has paid out £2,462.259.10 in damages as a result of medical negligence claims in the last year.

The Trust had dealt with 59 medical negligence claims from July 2022 to July 2023.

In the same period, the Trust received 456 complaints, of which, 200 related to poor or substandard clinical treatment.

East Cheshire NHS Trust

East Cheshire NHS Trust has paid out over £10m as a result of medical negligence claims in the last year.

The total cost was revealed as £10,212,030 following a Freedom of Information request.

Legal Expert further found that the trust had dealt with 16 medical negligence claims and 129 complaints from July 2022 to July 2023.

Whittington Health NHS Trust

Whittington Health NHS Trust has paid out £179m as a result of medical negligence claims in the last year.

In addition, there were 39 medical negligence claims lodged against Whittington Health NHS Trust from July 2022 to July 2023.

Out of 310 complaints received by the Trust, 32% related to care.

University Hospital Southampton NHS Foundation Trust

University Hospital Southampton NHS Foundation Trust, which is responsible for the likes of Southampton General Hospital and Princess Anne Hospital, paid out a total of £28,804,107 as a result of medical negligence claims.

There were 61 medical negligence claims lodged against the Trust from July 2022 to July 2023.

University Hospitals of Derby and Burton NHS Foundation Trust

University Hospitals of Derby and Burton NHS Foundation Trust paid out over £24.5m as a result of medical negligence claims last year.

The figure ranked the Trust number four in terms of medical negligence claim payouts when compared to other NHS Trusts in England and Wales.

The Trust, which is responsible for the likes of the Royal Derby Hospital and the Florence Nightingale Community Hospital, also dealt with 135 medical negligence claims from July 2022 to July 2023. 

Harrogate and District NHS Foundation Trust

Harrogate and District NHS Foundation Trust spent almost £5m on compensation payouts as a result of medical negligence claims in the last year.

The trust dealt with 28 claims from July 2022 to July 2023, but paid out a total of £4,914,799.05 irrespective of what date the claim was made. 

In this same period, out of 190 complaints lodged against the trust, 45% related to poor or substandard care.

Somerset NHS Foundation Trust

Somerset NHS Foundation Trust has been found to be one of the most impacted NHS trusts in terms of medical negligence claim payouts in the last year.

The trust, which includes Musgrove Hospital, paid out £13,511,879 as a result of medical negligence claims from July 2022 to July 2023.

The figure meant the trust ranked number eight when compared to other trusts in England and Wales.

In the same period, 77 medical negligence claims were lodged against Somerset NHS Foundation Trust.

Portsmouth Hospitals University NHS Trust

Portsmouth Hospitals University NHS Trust paid out £13,349,173 as a result of medical negligence claims in the last year.

The figure ranks the Trust at number 10 when compared to other trusts in England and Wales in terms of medical negligence claim payouts. 

The health service, which covers Queen Alexandra Hospital, also received 89 medical negligence claims from July 2022 to July 2023.

South Western Ambulance Service NHS Foundation Trust

South Western Ambulance Service NHS Foundation Trust has paid out over £3m as a result of medical negligence claims in the last year.

The organisation, which is responsible for providing ambulance services for the NHS across South West England, dealt with 22 medical negligence claims from July 2022 to July 2023.

The total paid out by the trust came to £3,075,209.40.

Milton Keynes University Hospital NHS Foundation Trust

Medical negligence has resulted in Milton Keynes University Hospital NHS Foundation Trust paying out £2,882,328 in compensation during the last year.

There were 75 medical negligence claims were lodged against the trust from July 2022 to July 2023.

Gateshead Health NHS Foundation Trust 

Gateshead Health NHS Foundation Trust has paid out almost £5m as a result of medical negligence in the last year.

The trust, which runs the Queen Elizabeth Hospital, dealt with 75 medical negligence claims from July 2022 to July 2023.

In the same period, irrespective of when a claim was lodged, medical negligence claims cost the trust £4,985,759 – one of the highest figures when compared to other trusts in the North East.

Harrogate and District NHS Foundation Trust paid out £4,914,799.05, for example, while Cumbria, Northumberland,Tyne and Wear NHS Foundation Trust paid out just £25,250.

University Hospitals of Derby and Burton NHS Foundation Trust and Chesterfield Royal Hospital NHS Foundation Trust

Medical negligence set back University Hospitals of Derby and Burton NHS Foundation Trust by £24.5m in the last financial year.

A Freedom of Information request ffound that 135 medical negligence claims were lodged against the trust in the same period.

Chesterfield Royal Hospital NHS Foundation Trust dealt with medical negligence claims costing just over £13m.

The trust dealt with 51 medical negligence claims from July 2022 to June 2023.

In the same period, both trusts had over 100 complaints made against them relating to poor or substandard care. 

Birmingham Women’s and Children’s NHS Foundation Trust

Medical negligence has cost Birmingham Women’s and Children’s NHS Foundation Trust almost £3m in the last year.

A sum of £2,994,460.22 was paid out as a result of medical negligence claims from July 2022 to July 2023, irrespective of when the claim was lodged.

A Freedom of Information request also found the trust, which also overlooks Parkview Clinic, dealt with 37 new medical negligence claims during this time. 

In the same period, 59% of complaints made against the trust related to clinical treatment or patient care. However, these concerns were not necessarily upheld following investigation.

Northern Lincolnshire and Goole NHS Foundation Trust

Medical negligence has set back Northern Lincolnshire and Goole NHS Foundation Trust by £5.8m in the last year.

The total figure of £5,884,951.17 dwarfed the compensation amounts paid out by the Lincolnshire Partnership NHS Foundation Trust and Lincolnshire Community Health Services NHS Trust, which were £950 and £40,802 respectively. 

A Freedom of Information request also found that 134 medical negligence claims were lodged against the trust from July 2022 to July 2023. 

The trust, which overlooks the Diana, Princess of Wales Hospital, dealt with 327 formal complaints in the same period – 100% of which related to or had an element of poor or substandard care.

North West Anglia NHS Foundation Trust

North West Anglia NHS Foundation Trust has paid out more than £3.3m as a result of medical negligence claims in the last year.

The trust, which runs Peterborough City Hospital and Hinchingbrooke Hospital, dealt with 90 formal Letters of Claim in relation to medical negligence during July 2022 to July 2023. 

The total sum of £3,331,090 paid out was irrespective of when a claim was made and may relate to claims from previous years.

Out of 726 complaints made against the trust, 35% related to issues with care.

Northern Care Alliance NHS Foundation Trust

Medical negligence has cost Northern Care Alliance NHS Foundation Trust over £11.5m in the last year.

A Freedom of Information also found that the Greater Manchester trust had 151 medical negligence claims lodged against them from July 2022 to July 2023.

The total compensation amount of £11,581,920.40 paid out as a result of medical negligence claims is irrespective of what date the claim was made.

In the same period, 54% of complaints made against the trust related to poor or substandard care. 

Bradford Teaching Hospitals NHS Foundation Trust

Bradford Teaching Hospitals NHS Foundation Trust has paid out more than £12.6m in the last year as a result of medical negligence.

The West Yorkshire trust, which runs Bradford Royal Infirmary and St. Luke’s Hospital, dealt with 156 medical negligence claims from July 2022 to July 2023.

However, the total sum paid out of £12,612,678 may relate to claims made before this period.

Out of 469 complaints lodged against the trust, 33.2% related to issues with care or treatment.

Leeds Teaching Hospitals NHS Trust

Medical negligence cost Leeds Teaching Hospitals NHS Trust over £11.4m in the last year.

A total of 295 medical negligence claims were lodged against the trust from July 2022 to July 2023.

However, the sum paid out of £11,402,825.35 does not include annual periodic payments for claims settled in previous years. 

The West Yorkshire trust, which overlooks Leeds General Infirmary and St James’s University Hospital, also dealt with 678 complaints – 59.7% of which related to poor or substandard care.

Calderdale and Huddersfield NHS Foundation Trust

Medical negligence has setback Calderdale and Huddersfield NHS Foundation Trust by £2m in the last year.

The West Yorkshire trust, which provides services for Huddersfield Royal Infirmary and Calderdale Royal Hospital, dealt with 87 medical negligence claims in the same period.

Out of the 507 complaints received by the trust, 23.6% related to issues with patient care.

The Royal Papworth Hospital NHS Foundation Trust

The Royal Papworth Hospital NHS Foundation Trust has paid out over £1.5m as a result of medical negligence claims in the last year.

Although five new claims were lodged against the Cambridgeshire trust in this period, the total damages paid of £1,534,130 was irrespective of when the claim was made.

Around 19% of complaints made against the trust related to poor or substandard care.

The Royal Surrey NHS Foundation Trust

The Royal Surrey NHS Foundation Trust has been revealed as one of the worst trusts impacted by medical negligence in the country.

A total of £13.5m was paid out by the trust as a result of medical negligence in the last year.

There were 38 medical negligence claims were lodged against the trust in the same period.

Rotherham NHS Foundation Trust

Medical negligence has cost Rotherham NHS Foundation Trust almost £5m in the last year.

The trust, which operates Rotherham General Hospital, dealt with 56 medical negligence claims from July 2022 to July 2023. 

However, the total figure of £4,487,289 paid out in compensation related to claims made irrespective of this timeframe. 

Torbay and South Devon NHS Foundation Trust

Torbay and South Devon NHS Foundation Trust has paid out over £7.6m as a result of medical negligence in the last year.

The trust, which operates Torbay Hospital, dealt with 37 medical negligence claims from July 2022 to July 2023. 

In this same period, out of 154 complaints made against the trust, 28 related to poor or substandard care.

North Middlesex University Hospital NHS Trust

Medical negligence has setback North Middlesex University Hospital NHS Trust by over £12.3m in the last year.

The trust dealt with 55 medical negligence claims from July 2022 to July 2023. 

In this same period, out of 259 complaints made against the trust, 30 related to poor or substandard care.

Hull University Teaching Hospitals NHS Trust

Medical negligence has cost Hull University Teaching Hospitals NHS Trust over £11.3m in the last year.

The trust, which operates Hull Royal Infirmary and Castle Hill Hospital, dealt with 118 medical negligence claims in the same period.

The compensation paid out as a result amounted to a total sum of £11,392,483.27.

More than 11.7% of complaints received by the trust related to poor or substandard care.

Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust

Medical negligence has cost Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust over £4m in the last year.

The trust, which operates the Doncaster Royal Infirmary, dealt with 81 medical negligence claims from July 2022 to June 2023.

The total sum of compensation paid out as a result of medical negligence claims, irrespective of the date the claim was submitted, amounted to £4,083,573.79.

The figure dwarfed compensation amounts paid out by other South Yorkshire NHS trusts.

For example, Rotherham, Doncaster and South Humber NHS Foundation Trust paid out £41,750 whilst Sheffield Children’s NHS Foundation Trust paid out £13,500.

However, the Rotherham NHS Foundation Trust ultimately paid out one of the highest amounts compared to South Yorkshire NHS trusts, with medical negligence claims costing the trust £4,487,289.

The Dudley Group NHS Foundation Trust 

The Dudley Group NHS Foundation Trust paid out over £3.5m as a result of medical negligence in the last year.

The trust, which runs Russell’s Hall Hospital and Corbett Hospital Outpatient Centre, was lodged with 54 clinical negligence claims between July 2022 to July 2023.

However, the total sum paid out in compensation as a result of medical negligence claims in this period, irrespective of the date the claim was submitted, amounted to £3,503,417.46.

Out of the 1,169 complaints the trust received, 32.5% related to issues with patient care.

The Princess Alexandra Hospital NHS Trust

The Princess Alexandra Hospital NHS Trust has paid out over £2.2m as a result of medical negligence in the last year.

In the same period, 46 medical negligence claims were lodged against the trust.

However, the total sum of £2,223,406 paid out by the trust may have related to claims made in previous years.

Barnet, Enfield and Haringey Mental Health NHS Trust

Medical negligence has cost Barnet, Enfield and Haringey Mental Health NHS Trust over £3.7m in the last year.

There were 16 clinical negligence claims lodged against the Trust in the same period.

However, the total sum paid out of £3,777,558.90 may have been related to claims made in previous years.

The Trust, which provides mental health services in North London, received 120 complaints last year – 65% of which related to poor or substandard care.

West Hertfordshire Teaching Hospitals NHS Trust

West Hertfordshire Teaching Hospitals NHS Trust has paid out £1.9m as a result of medical negligence claims.

In the same period, the trust, which oversees Watford General Hospital, St Albans City Hospital and Hemel Hempstead Hospital, dealt with 62 medical negligence claims.

A further 419 complaints were lodged against the trust, although not all complaints related to poor or substandard care.

Airedale NHS Foundation Trust

Airedale NHS Foundation Trust spent £1.3m on medical negligence claim payouts last year.

In the same period, 26 medical negligence claims were lodged against the trust.

However, the total figure of £1,304,168 paid out by the trust may have related to claims made in previous years.

Out of the 98 complaints dealt with by the trust, 29% related to clinical treatment whilst 23% were a result of issues with patient care.

Cambridge University Hospitals NHS Foundation Trust

Cambridge University Hospitals NHS Foundation Trust paid out over £13.6m as a result of medical negligence in the last year.

A Freedom of Information request uncovered that a total of 67 medical negligence claims were submitted against the trust from July 2022 to July 2023.

The trust, which oversees Addenbrooke’s Hospital and Rosie Hospital, ultimately paid out £13,641,897 on medical negligence claims.

However, the figure may relate to claims submitted in previous years.

The Royal Surrey NHS Foundation Trust

The Royal Surrey NHS Foundation Trust has been revealed as one of the worst trusts impacted by medical negligence in the country.

A total of £13.5m was paid out by the trust as a result of medical negligence in the last year.

There were 38 medical negligence claims were lodged against the trust in the same period.

Tees, Esk and Wear Valleys NHS Foundation Trust

Medical negligence has setback Tees, Esk and Wear Valleys NHS Foundation Trust over £800k in the last year.

Figures obtained from the trust revealed that it dealt with a total of 21 medical negligence claims between July 2022 to July 2023. 

However, the total amount of £812,272 in compensation paid out by the trust may have related to claims made prior to this period.

Out of 371 complaints the trust received, a fifth related aspects of treatment and care of patients.

The Dudley Group NHS Foundation Trust 

The Dudley Group NHS Foundation Trust paid out over £3.5m as a result of medical negligence in the last year.

The trust, which runs Russells Hall Hospital and Corbett Hospital Outpatient Centre, was lodged with 54 clinical negligence claims between July 2022 to July 2023.

However, the total sum paid out in compensation as a result of medical negligence claims in this period, irrespective of the date the claim was submitted, amounted to £3,503,417.46.

Out of the 1,169 complaints the trust received, 32.5% related to issues with patient care.

Barking, Havering and Redbridge University Hospitals NHS Trust

Medical negligence claims have cost Barking, Havering and Redbridge University Hospitals NHS Trust almost £44m in the last year.

The trust, which runs King George Hospital in Goodmayes and Queen’s Hospital in Romford, paid out £43,702,730 altogether as a result of medical negligence claims.

However, the figure may also include compensation payouts from claims made in previous years.

Further data obtained from the trust revealed that from July 2022 to July 2023, a total of 84 medical negligence claims were lodged against them.

Last Updated 7th February 2025. This guide explores how to sue a business for causing your injuries both as an employee and as a visitor to their premises.

We provide information on the duty of care businesses owe to their workers and the general public and some examples of how failures to uphold these duties can cause injuries. We also explain how personal injury compensation is calculated under the two different heads of claim.

You will find guidance on filing your personal injury claim and how our solicitors can support you throughout the claims process. This guide also briefly touches on settling out of court.

The penultimate section of the guide explores the specific No Win No Fee contract our solicitors can offer, with particular reference to the benefits of starting your potential claim under these terms with us.

To discuss how to sue a company further or get an assessment of your eligibility to start a claim for free, contact our team of advisors today. You can reach our team 24/7 using the contact details provided here:

• Call our team on 0800 073 8804. 
• Begin your claim online by completing this form.
• Click the live chat button on your screen now

Select A Section

1. How To Sue A Business For An Injury
2. Examples Of Accidents You Could Sue A Business For
3. How To File Your Personal Injury Claim
4. What Compensation Could You Claim?
5. Out Of Court Settlements
6. Ask How To Sue A Business With Our Team
7. Resources On How To Sue A Business In The UK

How To Sue A Business For An Injury

Legislation is in place to protect you from harm in various circumstances. This includes when you are working or visiting a public place.

While you are working, you are protected by the Health and Safety at Work etc. Act 1974 (HASWA), which means that your employer must take reasonable steps to prevent your exposure to harm in the workplace. The Health and Safety Executive (HSE) is the public body responsible for regulating and providing guidance on health and safety in the workplace.

Additionally, while in a public space, the Occupier’s Liability Act 1957 means that businesses must take necessary steps to ensure the reasonable safety of those visiting. For example, an organisation must put up a wet floor sign to prevent people from slipping over and falling.

When suing a business, you must be able to prove that:

• A business owed you a duty of care (as per the legislation in place)
• They failed to fulfil their duty to you
• You suffered an injury as a result

If you are still unsure how to sue a business, you can contact one of our advisors. They can establish whether you are eligible and find out whether one of our No Win No Fee solicitors can represent you going forward.

How Long Do You Have To Sue A Business?

Personal injury claims are subject to a time limit of 3 years in most cases, as per the Limitation Act 1980. Exceptions to this can be made in cases where the injured person is a minor or is of a reduced mental capacity. 

To learn more about how to sue your employer while employed, make a public liability claim or find out more about the time limits, contact our advisors today.

Examples Of Accidents You Could Sue A Business For

Both their workers and members of the public could be injured in an accident if businesses fail to take the necessary steps to protect them. Examples of how you could be injured as a result of a business’ failure to uphold its duty of care include:

• You and a colleague were using a forklift truck to move goods in a warehouse. Your employer had provided inadequate training yet instructed you and your colleague to use the truck regardless. Your colleague failed to stop the forklift, running you over and causing serious injury to both of your legs.
• When entering a shop, the sign above the door came free from its mountings and hit you in the side of the head. The business was aware of the faulty sign yet had not repaired the sign or removed it altogether. You suffered a substantial head injury in the accident.

The above scenarios are just two examples of how a business can fail to uphold its duty of care. To find out how to sue a business in your particular circumstances, contact an advisor via the details given above.

How To File Your Personal Injury Claim

This section provides an overview of how to sue a company in more detail. Your claim will be filed in accordance with the Pre-action Protocol for personal injury claims.

In order to start your personal injury claim, you will first need to acquire adequate supporting evidence. This may include CCTV footage of the accident taking place, which is useful as it may have captured the hazard that caused the accident, a copy of the report from the company accident book, if a workplace has more than 10 employees, an accident log book is compulsory,  training documents and contact details of witnesses who saw the accident occur, statements can be taken later by a responsible party if needed.

As part of the personal injury claims process, you will also be invited to an independent medical assessment. This is so a medical practitioner can assess the severity of your injuries, state whether they think your injuries align with the circumstances of the accident and provide a prognosis. The report from this assessment will be used in the valuation process of your claim.

Issuing in court proceedings is a last resort. The two parties should attempt to reach a settlement outside of the courts.

Our team of advisors can explain the claims process further, offer guidance on the evidence you can acquire and assess your eligibility to claim free of charge. Contact an advisor today using the details given below

What Compensation Could You Claim? 

Now we’ve explained how to sue a business, this section looks at how compensation in personal injury claims is calculated. Compensation settlements for personal injury claims can be made up of two different heads of claim. These are:

• General damages: this head of claim awards for the physical and psychological effects. 
• Special damages: financial losses associated with the injuries you have sustained could be reimbursed under this head of claim.

The persons responsible for calculating the potential value of your claim can refer to your independent medical assessment in conjunction with relevant figures from the Judicial College Guidelines (JCG). This document, published by the Judicial College, details guideline award brackets for a multitude of different injuries. We have taken some of these brackets for use in our table.

Compensation Table

This table has been included as guidance only. The top entry is not from the JCG.

Type of Injury	Severity	Guideline Amount
Multiple Serious Injuries Plus Special Damages	Very Serious	Up to £1,000,000 and above
Brain Damage	Very Severe	£344,150 to £493,000
Paralysis	Paraplegia	£267,340 to £346,890
Epilepsy	Established Grand Mal	£124,470 to £183,190
Leg	Amputation below the knee of one leg	£127,930 to £167,760
Arm Amputation	Loss of One Arm	Not less than £167,380
Hand Injuries	Total/Effective Loss of One Hand	£117,360 to £133,810
Chest Injuries	Traumatic Injury	£80,240 to £122,850
Back Injuries	Moderate (i)	£33,880 to £47,320

Special Damages

You could recover costs incurred as a result of being injured under special damages. Examples of such costs include:

• Lost earnings.
• Domestic care.
• Home adaptations.
• Travel expenses.

You will need to submit evidence to claim special damages, so retain copies of your payslips, travel tickets and receipts.

To get a more detailed estimate of what your personal injury claim could be worth, speak to an advisor today. You can reach our team 24 hours a day using the contact information given below. 

Out Of Court Settlements

An out-of-court settlement could be offered any time up until the case is heard in court. Only a very small percentage of cases will go to court. At any stage, the defendant or their team can offer you a settlement. If you have decided to use a solicitor they can advise you on whether the amount offered is justified. At no time do you ever need to accept the offer if you do not want to. 

Most personal injury claims do not go to court, call our advisors now to find out if you are eligible to make a personal injury claim. 

Ask How To Sue A Business With Our Team

You can ask our advisors how to sue a business following an accident at any time. Once an advisor has assessed your particular circumstances, they could put you in touch with one of our personal injury solicitors.

Our solicitors can offer their services under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Making your personal injury claim with a solicitor under a CFA presents a number of advantages to claimants, including:

• Not having to pay a fee upfront for the solicitor to begin work on your claim.
• No fees for this work during the claims process itself.
• In the event your claim is unsuccessful, you will not pay a fee for the solicitor’s services.

Following the success of your personal injury claim, you will receive a compensation settlement. The solicitor will take a percentage of this compensation as their success fee. As the maximum percentage that can be charged as a success fee is legally capped, you will keep most of any awarded compensation.

To discuss the claims process further, ask any questions or get an assessment of your eligibility to start a claim for free, contact our team of advisors today. You can reach our team 24/7 using the contact details provided here:

• Call our team on 0800 073 8804. 
• Begin your claim online by completing this form.
• Click the live chat button on your screen now

Resources On How To Sue A Business In The UK

Read more of guides to making personal injury claims against businesses:

• Find out how to claim for a broken ankle at work and how personal injury compensation is calculated.
• Learn when you could be eligible to claim for an accident in a shop here.
• Read who is entitled to claim after a slip, trip or fall at work.

We have also provided these links to some external resources you may find helpful.

• Read this resource on head injury and concussion from the NHS.
• Learn more about litigation friends in claims where the injured person is a minor or lacks mental capacity.
• The HSE has published guidance on training and competence in the workplace.

We’d like to thank you for taking the time to read our guide on how to sue a business. Our team of dedicated and experienced advisors are available 24 hours a day to address any of your queries. They can also assess your eligibility to begin a personal injury claim for no charge. Get in touch today via the contact information provided above.

Last Updated 7th February 2025. When using a public place, the person in charge of the space is bound to follow UK legislation that aims to protect your health and safety. This applies to all different kinds of shops that you may visit. Suffering an injury in a public place can cause not only pain but also financial worries due to the costs associated.  You can read this guide to find out how to sue a shop and whether you are eligible to do so.

We also look at the types of accidents that occur in shops and the different forms of compensation that you could receive. Finally, we explain the process of suing a shop with the representation of one of our solicitors.

You can contact our advisors at any time with your queries. They can let you know if you are eligible to proceed and potentially refer your claim for compensation to a No Win No Fee solicitor. Their advice is offered free of charge, so why wait? Get in touch today:

• Complete our online claim form
• Call on 0800 073 8804 
• Use our live chat pop-up

Select A Section

1. How To Sue A Shop For Compensation
2. Am I Eligible To Sue A Shop?
3. What Accidents Could Happen In A Shop?
4. How Much Could You Sue A Shop For?
5. How To Sue A Shop On A No Win No Fee Basis
6. Learn More About How To Sue A Shop For An Injury

How To Sue A Shop For Compensation

Gathering evidence to support your claim is a big part of the personal injury claims process. If you’ve sustained an injury in a shop, then in order to have an eligible personal injury claim, the onus will be on you to prove it was caused by the shop breaching their duty of care. If an accident in a shop is entirely your own fault, you cannot make a personal injury claim.

As you will see in the next section, to have a valid public liability claim, the accident in which you sustained the injury will need to have happened because the shop failed in its duty to keep you reasonably safe while on its premises. You not only have to prove why you think the shop is at fault for the injury you sustained in the accident but also how you suffered. To do this, you could gather the following evidence:

• CCTV footage – If you appear in CCTV footage, you have the legal right to request a copy of it.
• Witness contact details – If others saw how you were injured, make sure you have a way to reach them. That way, you can pass on their contact details to your solicitor, who can approach them for a statement when required and appropriate.
• Photographs – As well as the hazards that caused your injury, take pictures of any visible signs of the injury you’ve sustained.
• Medical evidence – Your medical records should contain details of your injury, including how severe the damage was.

The list above is not exhaustive. There are other examples of evidence that may be available to you in your circumstances. Get in touch with our advisors today to find out how to sue a shop with the help of one of our No Win No Fee solicitors, who can also help you with the process of gathering evidence.

Am I Eligible To Sue A Shop?

In accordance with the Occupiers’ Liability Act 1957, those responsible for a public space must take steps to keep members of the public using the space for its intended purpose reasonably safe. As a customer, this includes you. The shop takes on the role of the occupier in the context of this legislation, and fulfilling their responsibilities means they’re upholding their duty of care.

With that in mind, let’s move into the personal injury claim eligibility criteria:

• Duty of care – Did the shop owe you a duty of care when you were injured? As a customer, you are instantly owed a duty of care
• Breach of duty – Did the shop breach its duty by failing to take steps to avoid you being injured? For example, they may be aware of a wet floor but make no effort to clean it up or display wet floor signs.
• Injury sustained – The breach of a shop’s duty of care needs to have caused you injury in order for you to make a personal injury claim.

Workplace Accident Claims

The personal injury claim criteria are similar to those stated above if you are an employee of the shop rather than a customer. However, the relevant duty of care in these scenarios is included in the Health and Safety and Work etc. Act 1974.

Because this would be a workplace accident claim rather than being referred to as an accident in a public place, the shop is known as your employer rather than the occupier. However, both instances fall under the umbrella of personal injury law.

Are There Time Limits To Sue A Shop For Compensation?

You generally have 3 years from the date you were injured to begin the process of making a personal injury claim. This time limit begins from the accident date. This is all stated in the Limitation Act 1980.

The Act also includes exceptions to the time limit for child injury claims and claims for those who do not possess the capacity to claim for themselves. Reach out to our advisors today for more information.

If your personal injury claim meets all of the criteria above, as well as falling within the limitation period, then it could be valid.

What Accidents Could Happen In A Shop?

This section includes some examples of accidents that could cause you injury in a shop. Some are relevant to both customers and workers, whilst some are more specific to one field.

• Slips, trips, and falls – Wet floors could cause you to lose your balance, as can inadequate lighting on the stairs. Incidents could cause broken bones, amongst other injuries.
• Manual handling accidents – Employees must be shown by their employees how to safely carry out these tasks. Inadequate training at work can lead to back injuries.
• Being struck by a moving object – Stock may not be properly stored on high shelves. If it were to fall on you, it could cause head injuries or possibly brain damage.
• Vehicle accidents – A forklift driver could lose control of the vehicle and run over your foot due to them not being properly trained on how to use it.

If you want to find out more about how to sue a shop and if you have a valid claim, get in touch with us today.

How Much Could You Sue A Shop For?

The value of a personal injury compensation claim depends on various factors. Your claim is valued specifically, and so the figure that’s arrived at will be unique. For your pain and suffering, there is a head of claim called general damages. Those responsible for making the necessary calculations often do so with the assistance of the Judicial College Guidelines (JCG). The JCG contains guidance amounts pertaining to general damages.

We’ve provided some extracts from the JCG in the table below, which you can use as a rough guide. However, bear in mind that your own claim will differ in value.

The table’s top entry, which takes into account a head of claim called special damages, does not appear in the JCG.

Injury	Severity	Bracket Amounts
Multiple serious injuries and special damages.	Very severe	Up to £1,000,000+
Paralysis	(a) Quadriplegia	£396,140 to £493,000
	(b) Paraplegia	£267,340 to £346,890
Brain damage	(a) Very severe	£344,150 to £493,000
Neck	(a) Severe	In the region of £181,020
Arm	(a) Severe	£117,360 to £159,770
	(c) Less severe	£23,430 to £47,810
Eye	(d) Total loss	In the region £327,940
Shoulder	(a) Severe	£23,430 to £58,610

Special Damages

Some claimants can also be eligible to receive special damages. This additional head of claim can reimburse you for financial costs and losses caused by your injuries.

Examples can include:

• Medical expenses – Prescription medication such as painkillers, for example.
• Loss earnings – Your income may have been disrupted if you’re left unable to work on a temporary or permanent basis.
• Walking aids – Your injury may have caused you mobility problems.
• Travel costs – You may need to travel using public transport and taxis to reach medical appointments.
• Damage to personal property – The accident that caused your injury may have damaged or destroyed personal items such as a phone or laptop.

Get in touch with our advisors for more examples of special damages, how compensation is calculated, and to have us give you a bespoke estimate of how much you could be owed.

 How To Sue A Shop On A No Win No Fee Basis

If you’re struggling to understand how to sue a shop for negligence, you may find making a claim with the help of one of our No Win No Fee solicitors to be very helpful.

When working with our solicitors, there is nothing to pay them upfront, this is because they work with a Conditional Fee Agreement (CFA) in place, which is a form of No Win No Fee arrangement. If your claim is successful, your solicitor will take a fee from your compensation in the form of a legally capped percentage. This is not taken if your claim fails, which is why it’s referred to as a success fee.

Contact Us

Getting in touch with us is free of charge, and we will answer your questions and give you guidance regarding your claim. If we think your claim could be valid, we can also pass you on to one of our No Win No Fee solicitors to help begin the process of claiming.

Learn More About How To Sue A Shop For An Injury

Follow the links below for more helpful information.

More from us: 

• We have answers to some of our public liability claim FAQs. Head here to read the answers.
• You can also claim if you’re injured in other shared spaces, such as if you had an accident in a public park. Find out more by reading this guide.
• Employee accidents can result in a broken ankle at work claim. Explore this guide to learn more about this specific scenario.

Information from other sources: 

• There is information regarding the Pre-Action Protocol for Personal Injury Claims on the Government website.
• In certain claims, a litigation friend may need to be assigned to claim on behalf of someone who is unable to do so themselves.
• The Solicitors Regulation Authority (SRA) has simplified some legal jargon so you can understand it with greater ease.

Thank you for reading our guide on how to sue a shop.