Author Archives: Patrick Mallon

About Patrick Mallon

Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and head of our EL/PL department, which handles accidents at work and public liability claims, such as slips, trips and falls. He qualified in 2005 and has over 20 years of experience. Patrick is an expert No Win No Fee lawyer and well-known for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor here. Get in touch today for free to see how Patrick and the team can help you.

What Are The Different Stages Of A Medical Negligence Claim When Seeking Compensation?

You might be thinking about starting legal action against a negligent healthcare provider but could have concerns about the length or complexity of the process. Our guide to the stages of a medical negligence claim will give you clear and helpful insight into how the claims process works. 

This step-by-step guide covers important actions to take before starting a claim. We additionally cover the stages of pre-action protocol, which must be carried out in order to prevent a case from needing to go to court. 

We also explain why having legal representation from our expert medical negligence solicitors helps to keep the process running as smoothly as possible.

You can learn more about making a claim under No Win No Fee terms, and whether one of our solicitors could help you through the stages of a case, by speaking to an advisor. They can provide free, useful advice and a detailed assessment of your potential claim. You can get started any time by either:

A gavel and a stethoscope on a wooden table.

Select A Section

  1. What Are The Stages Of A Medical Negligence Claim?
  2. What Are The Stages Of Pre-Action Protocol For Medical Negligence Claims?
  3. Will My Medical Negligence Claim Need To Go To Court?
  4. Could A No Win No Fee Solicitor Help Me Through The Stages Of A Medical Negligence Claim?
  5. More Resources On Medical Negligence Claims

What Are The Stages Of A Medical Negligence Claim?

A claim will go through pre-action protocol, which is intended to allow a case to be investigated, discussed and hopefully resolved in a timely fashion. The case may need to go to court if pre-action steps do not result in an agreement.

However, there are some steps you should consider before these stages of a medical negligence claim begin.

Step One: Discover If You Are Eligible To Make A Claim

The first key question to answer is: do you have a valid clinical or medical negligence claim?

Medical negligence means that care from a medical professional has deviated from the expected professional standards and caused avoidable harm.

Medical negligence cases against healthcare providers for negligent care must show that:

  • A healthcare professional owed a duty of care.
  • They did not provide care at a level expected of a competent professional.
  • Their breach of duty meant the patient suffered harm that could otherwise have been avoided.

A quick and effective way to learn if you have a valid claim is by calling the number at the top of this page. By calling and talking to one of our friendly advisors, you can discover whether you have a valid medical negligence compensation claim.

Remember, the onus is on you to prove that the eligibility criteria above have been met, so it is important to collect as much supporting evidence as possible.

Step Two: Collecting Evidence Of Medical Negligence

The evidence required to prove medical negligence includes:

  • Medical records, which we cover in more detail later in this guide.
  • A statement or diary that explains how substandard medical treatment affected you.
  • Witness statements from anyone who saw the negligent treatment take place. As such, you should collect the contact details of anyone who attended appointments with you.

If instructed, our solicitors can help claimants gather evidence during the clinical negligence claims process. 

As well as providing a free case assessment, our advisors can offer guidance on what evidence you can start looking for before your claim begins. Please don’t hesitate to call if you’d like to know more.

Step Three: Deciding Whether To Seek Legal Advice

Once you have a good idea of how strong your claim is, you should decide whether you want legal representation. You are not legally required to do so, but you may find it’s worthwhile to seek representation from a medical negligence solicitor.

Having a specialist solicitor on your side is useful for much more than gathering evidence. They can also:

  • Submit any relevant claim form correctly and within the legal deadline.
  • Help establish liability by making sure your evidence is presented effectively.
  • Negotiate with the healthcare provider or their legal representatives on your behalf.
  • Ensure you receive a suitable settlement in the event of a successful claim.
  • Provide advice through all the stages of a medical negligence claim.

If you have a valid case and want the support of an experienced legal expert, our advisors could connect you to one right away when you call.

What Are The Stages Of Pre-Action Protocol For Medical Negligence Claims?

In this section, we cover seven elements of Pre-Action Protocol for the Resolution of Clinical Disputes that make up key stages of medical negligence claims.

Obtaining Health Records

Ultimately, medical negligence claims depend on showing that substandard care happened and caused some degree of avoidable harm. The best way to do this is through health records, which can be obtained from your GP or other healthcare provider.

Medical reports can show what actions the medical professional took or failed to take while you were under their care. They can also highlight the treatment you received after you were affected by substandard care and what diagnoses you were given.

Obtaining records is also important to show that new conditions have developed, or existing issues have worsened. 

Rehabilitation

During an initial consultation about the claim, all parties can discuss whether you have reasonable needs that can be met by medical treatment or another form of rehabilitation.

For example, if you were suing a hospital for unnecessary surgery but had an urgent need for rehabilitation, parties could discuss an arrangement for you to undergo physiotherapy.

Letter of Notification

Once you are ready to commence legal proceedings, the next step is to send a Letter of Notification to the defendant. This letter should explain that you are considering legal action. This allows the claimant to respond, which they must do within 14 days of receipt, and consider whether investigation is needed.

Letter of Claim

A Letter of Claim is more detailed than a Letter of Notification. It should give a clear summary of the alleged negligence and the facts you have based the case upon. It should also detail the physical harm, emotional suffering or financial loss you have experienced.

This letter should allow the defendant to start further investigation, if required, and prepare their Letter of Response.

It is worth noting that our solicitors can take care of sending letters to the defendant, or can help you write them. Just call our free helpline to discuss how a solicitor could help you claim against a medical practitioner.

Letter of Response

The defendant, or the legal team handling their case, should send the Letter of Response within 14 days of receiving the Letter of Claim. In this letter, they can respond by accepting or denying liability. They may also attempt to settle and propose how much compensation they are willing to offer.

If they do not accept fault for medical negligence, they should explain what disputes they have with the evidence presented by the claimant or the information they have provided.

Two solicitors sitting across a table from each other. One writes on a page.

Expert Evidence

As part of the medical negligence claim process, you will need to seek expert testimony. This will contribute to the medical evidence submitted as part of your case. If you work with a solicitor, they can arrange an assessment from an independent medical expert.

In certain cases, the Bolam Test may also be required, where relevantly trained medical experts determine whether your care met the correct standard.

Alternative Dispute Resolution

An Alternative Dispute Resolution (ADR) is a method of ensuring that the matter can be resolved without commencing proceedings in court. This might mean negotiation, arbitration by a third party, or other means.

A resolution could be reached regardless of whether a defendant admits liability or not, if all parties agree that it is best to resolve the dispute without going to court.

Will My Medical Negligence Claim Need To Go To Court?

When considering the stages of a medical negligence claim, it is possible that your case may need to go to court. However, the truth of the matter is that the vast majority of cases are resolved before ever reaching the courts.

Particularly complex cases, or claims where the claimant and defendant are in total disagreement, might need to be heard in court. Outside of these specific circumstances, both parties will typically find a solution during the ADR stage of pre-action protocol.

Our expert solicitors will always look to resolve the case in a way that gives you the most successful outcome possible. Call today to learn if you have a valid case and you could be connected to a solicitor for dedicated legal guidance.

Could A No Win No Fee Solicitor Help Me Through The Stages Of A Medical Negligence Claim?

The medical negligence claims process may seem complicated at first glance. However, our solicitors use their knowledge and experience of cases to help claimants through all stages of a medical negligence claim with minimal hassle.

Our medical negligence solicitors offer their services under a Conditional Fee Agreement, which means that you do not pay a solicitor fee upfront or during the course of the claim.

As it is a type of No Win No Fee agreement, you would not cover the cost of legal fees at all if the claim failed.

Winning the case would mean that you receive financial compensation. Your solicitor would collect a success fee, but a legal cap set out by The Conditional Fee Agreements Order 2013 means that they can only take a small percentage of the payout.

A solicitor discussing with their client the stages of a medical negligence claim.

Contact Us

You can learn more about claims against medical professionals and how the claims process works by getting in touch with our team. An advisor can provide guidance and evaluate your case to see if you could start a medical negligence claim.

If you have a valid case, you can be connected to one of our specialist medical negligence solicitors for expert legal guidance. However, there is no obligation and contacting us is completely free, so you have total freedom to choose the right path for you.

You can get in touch today through any of these routes:

  • Call 0800 073 8804.
  • Write to us about your claim online and pass on some contact information.
  • Speak to an advisor immediately through the live chat tab below.

More Resources On Medical Negligence Claims

You can learn more about making a clinical negligence claim through these helpful guides:

These resources could also be useful to you:

Thank you for reading our guide. Just call if you’d like more information on the stages of a medical negligence claim or to discuss your potential case.

How To Report A Cycling Accident To The Police

Last updated 12th February 2025. Have you been involved in a cycling accident? Did you suffer an injury? If so, you might wonder what steps to take. This guide focuses specifically on the importance of reporting a cycling accident to the police and when you might be required to do so. 

Additionally, we look at some cycling accident statistics which can show the frequency of cyclists being injured in an accident and the ways road traffic accidents could be caused.

Later in our guide, we discuss other steps you could take after a cycling accident. For example, if you want to claim compensation, you will require evidence to substantiate your case so taking steps to collect proof of the accident and how it affected you can be helpful. 

Lastly, you can find information on how we can assist you if you do wish to make a personal injury claim following a cycling accident. 

For further guidance on cycling accident claims, you can get in touch with our team using the contact details below:

A woman reporting a cycling accident to the police.

Select A Section

  1. Reporting A Cycling Accident To The Police Explained
  2. How Many Cyclist Accidents Are Reported To The Police 
  3. What Do I Need To Do As A Cyclist After A Road Collision 
  4. Can I Make A Personal Injury Claim As A Cyclist After A Road Accident?
  5. How Can Legal Expert Help Me Make A Cyclist Accident Claim 
  6. More Resources On Making A Cycling Accident Claim

Reporting A Cycling Accident To The Police Explained 

If a vehicle is involved in a collision with a cyclist, it could be reported to the police within 24 hours of the incident. Any parties involved in the incident should stay to exchange details. However, you should still contact the police if the other person left the scene of the accident, as they are legally obliged to stop. 

The police may ask you to provide the follwing details:

  • The location of the cycling accident
  • The contact information of bystanders who witnessed the scene
  • The contact details of those involved in the accident, including contact, insurance and registration details
  • What happened to cause the accident? For example, if a road user was not following road laws
  • When the accident happened

This information can help the police with their investigation. It can be a stressful situation when you experience a cycling accident, but we recommend that you try to record as much information as possible at the accident scene. 

After reporting a cycling accident to the police, you should keep a record of the incident number. This could be useful if you decide to make a claim for bicycle accident compensation. 

How Many Cyclist Accidents Are Reported To The Police? 

The Reported road casualties in Great Britain: pedal cycle factsheet, 2022, released by the Department for Transport, provides helpful statistics relating to accidents involving pedal cyclists. These statistics show how many road accidents involving cyclists were reported to the police:

  • 91 pedal cyclists killed
  • 4,056 reported seriously injured
  • 11,546 slightly injured

Furthermore, between 2018 and 2022, almost half (46%) of pedal cycle fatalities were in 2 vehicle collisions between a pedal cycle and a car.

The reporting police officer often assigns a contributory factor to provide an insight into how and why collisions occur. Whilst the factors are mostly subjective due to reflecting the opinion of the police officer, we can see that the most common factors assigned to vehicles involved in fatal or serious collisions with cyclists are:

  • Failing to look properly
  • Failing to judge another person’s path or speed
  • Driver or rider being careless, reckless, or in a hurry
  • Cyclist entering the road from pavement

A cyclist lying on the floor after falling of their bike in an accident.

Reporting a cycling accident to the police can help massively when it comes to road safety. To find out more, please see this guide from Cycling UK, a charity for cycling safety

What Do I Need To Do As A Cyclist After A Road Collision?

As well as reporting a cyclist accident to the police, there are several other steps you may need to take following a cycling accident on the road. Getting medical treatment for any injuries you have suffered should be your first priority. Injuries that may seem only minor could turn out to be much more serious, so it is always best to seek medical advice. If the accident that caused your injury was not your fault, you may be thinking about making a personal injury claim. Here, we look at steps to help you do that. 

Medical Help

After an accident in which you suffer an injury, it’s important to seek advice from a medical professional. They can investigate your injury, provide a diagnosis, and any treatment necessary. 

If you plan to claim compensation, you can gather a copy of your medical records to help support your case. For example, copies of X-rays, blood test results, notes from a doctor or the hospital could all help show what injuries you suffered and the treatment you received.

Evidence

In addition to medical evidence, you could also gather the following:

  • Contact details of any witnesses who can provide information about the accident.
  • Contact details of anyone involved in the accident including their insurance and registration details.
  • Pictures of injuries and the cause of the accident, such as another motor vehicle
  • Video footage, such as CCTV footage. This can highlight any dangerous driving by another road user putting your own safety at risk.
  • A police report
  • A diary containing information about any symptoms and treatments 

You might also need to attend an independent medical assessment. This can generate a report that can help verify the injuries you suffered were caused by the accident in which you sustained them. It can also be used to help calculate the value of your injuries. 

Legal Advice

It could benefit you to seek legal representation from a personal injury solicitor if you are looking to start a compensation claim. They could help you:

  • Gather evidence
  • Arrange for you to attend an independent medical exam 
  • Negotiate a fair settlement on your behalf 
  • Send important correspondence on your behalf 

Call our advisors today to learn more about the other steps you could take after reporting a cycling accident to the police, including gathering evidence and seeking legal representation. 

Can I Make A Personal Injury Claim As A Cyclist After A Road Accident?

In order to make a personal injury claim as a cyclist after a road traffic accident, you need to prove:

  • Another road user, such as a driver, owed you a duty of care. Road users owe one another a duty of care to prevent causing each other harm or damage while using the roads. They can uphold this duty by following the Highway Code and the Road Traffic Act 1988. The Highway Code provides rules that are backed elsewhere in law.
  • This duty was breached. For example, a driver failed to check their mirrors when pulling out of their driveway causing them to knock you over as a cyclist.
  • Due to the breach, you suffered an injury in the accident, such as a head injury and back injury.

Call our team to determine whether you could be eligible to make a personal injury claim with one of our expert cycling accident solicitors

How Can Legal Expert Help Me Make A Cyclist Accident Claim

Our team at Legal Expert can assess your case for free and determine whether you’re eligible to pursue compensation. If you are, they could connect you with an expert personal injury solicitor who has years of experience handling claims for cycling accidents and injuries.

Our solicitors also offer their services on a No Win No Fee basis via the terms of a Conditional Fee Agreement which means you can access their services without paying upfront or ongoing fees. You also won’t need to pay for their work if the claim fails.

To find out more about how they can help you claim compensation after reporting a cyclist accident to the police, get in touch using the details provided below:

An advisor discussing claiming for a cycling accident with a potential claimant.

More Resources On Making A Cycling Accident Claim

For more of our helpful guides:

More external resources:

Thank you for reading our guide on reporting a cycling accident to the police and other steps you could take after being injured. If you have any other questions, call an advisor on the number above. 

How Is Medical Negligence Compensation Calculated And When Could I Claim?

This guide explains, “How is medical negligence compensation calculated?”. Medical negligence is when a patient suffers harm that should have been prevented (otherwise known as avoidable harm) due to a medical professional failing to provide the correct standard of care.

For all successful medical negligence cases, numerous factors need to be considered to determine a claim’s worth. In the first section of this guide, we explain those factors. We will also explain the different forms of compensation you may be awarded for a successful clinical negligence claim, and provide you with a guideline compensation table to help you understand how much the harm you have suffered may be worth,

We also discuss at what point someone has a valid medical negligence claim, with some brief examples of how a medical professional could breach their duty of care. If you do have a valid compensation claim after experiencing medical negligence, you may be able to claim compensation with one of our solicitors on a No Win No Fee basis. At the end of this guide, we explain what No Win No Fee agreement is offered by our medical negligence solicitors and how it can greatly benefit you when claiming compensation.

It is free to contact our team to discuss your case. Our advisors can support you and help answer any questions you may have about the claiming process. They are available 24/7 through these contact options:

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Jump To A Section

  1. How Is Medical Negligence Compensation Calculated?
  2. How Much Medical Negligence Compensation Could I Be Awarded?
  3. Am I Eligible To Claim For Medical Negligence?
  4. Why Claim With A No Win No Fee Medical Negligence Solicitor?
  5. Learn More About How Medical Negligence Compensation Is Calculated

How Is Medical Negligence Compensation Calculated?

When a medical negligence claim is successful, the person will receive financial compensation for how the negligence affected them. These effects are separated into physical, psychological, and potentially financial.

General Damages

General damages is the head of loss which awards compensation for how the medical negligence has affected you physically and psychologically. Some factors that are taken into consideration when this head of your claim is being calculated include:

  • The type of harm you suffered and its severity.
  • How your emotional health has changed.
  • How your quality of life has been impacted.
  • How long your medical treatment and recovery period is.

You may be able to use a medical negligence claims calculator to help you gain a clearer idea of how much compensation you could receive in general damages. A medical negligence calculator works by asking you what harm you suffered and how severe your pain is.

Special Damages

Special damages is the head of loss which awards compensation for how the medical negligence has affected you financially. This head of loss also covers any future financial losses which you may incur due to the medical negligence. As such, here are some financial losses which may be able to be claimed under special damages:

  • The costs of medical treatments and prescriptions.
  • The costs for medical equipment, such as a wheelchair.
  • Lost earnings due to taking time off work to recover. This includes any projection pension payouts if your future employability is affected.
  • How much travelling to and from hospital appointments have cost.

  • Professional care costs if you required help at home.

By being awarded special damages, your financial position should be restored to what it was before you experienced the medical negligence.

However, you need to keep evidence of the financial losses you are claiming for. For example, payslips, invoices, receipts, and bank statements can be used as evidence.

If you still have any questions regarding how medical negligence compensation is calculated or how to use a medical negligence claims calculator please don’t hesitate to have a chat with us.

A stethoscope on a grey table and a gavel behind the stethoscope blurred in the background.

How Much Medical Negligence Compensation Could I Be Awarded?

To help determine how much compensation you could receive under general damages, you might be asked to attend an independent medical assessment sometime throughout the case process. The reports conducted from this assessment can be looked at by those in charge of valuing your claim.

They may also look at the Judicial College Guidelines (JCG). The JCG documents different guideline compensation amounts for different forms of physical and psychological harm.

Guideline Compensation Table

There are many types of different physical and psychological effects that could be suffered from medical negligence. However, we have taken a small selection from the JCG, along with their guideline compensation amounts, to give you a rough idea of what could be awarded. Please note, however, that the first entry has not been taken from the JCG.

Also, note that no set compensation amount can be guaranteed for your potential claim since all cases are different and unique.

Harm SufferedSeverityGuideline compensation amountsNotes
Multiple types of serious harm with financial impactsSerious Up to £500,000+A compensation amount for sustaining multiple types of serious harm with their financial impacts such as lost wages, professional care costs, and home adaptations.
KidneySerious/permanent damage or loss (a)£206,730 to £256,780To both kidneys.
Loss of one kidney (c)£37,550 to £54,760The remaining kidney is fine.
BowelDouble incontinence (a)Up to £224,790 With other medical complications, there is no bowel or bladder control or natural function.
Total loss of natural function (b)Up to £183,190 The person will depend on a colostomy. The award will depend on the person's age.
Female reproductive systemInfertility (a)£140,210 to £207,260Including cases of significant medical complications such as failing to diagnose an ectopic pregnancy.
Failed sterilisation (g)In the region of £12,450 That leads to an unwanted pregnancy, but there are no serious psychological impacts.
BladderSerious impairment of control (c)£78,080 to £97,540 Along with some pain and incontinence.
Male reproductive systemUncomplicated sterility (d)£68,430 to £87,080There will be no impotence or any aggravating features for a young person with no children.
SpleenLoss of spleen (a)£25.380 to £32,090Where the risk of internal disorders and infections are continuing due to the immune system's damage.

If you want to find out how much compensation your potential medical negligence claim could be worth, please contact us.

Am I Eligible To Claim For Medical Negligence?

All medical professionals and healthcare professionals owe a duty of care to all of the patients under their care. To comply with this duty, they are expected to always deliver the correct standard of care. If they deliver a standard of care that is substandard and falls below this minimum expectation, this is considered a breach of their duty of care.

For example, if a GP prescribed a medication to you that contained something you were allergic to, and they were aware of this allergy as it was stated in your medical records, this could cause you to suffer an allergic reaction. This could be classed as GP negligence.

As such, if you can prove each of the criteria below, then you could have an eligible medical negligence claim:

  1. You were owed a duty of care by a medical professional.
  2. They breached this duty.
  3. As a result of this, you suffered avoidable harm.

Time Limits In Medical Negligence Claims

There is a standard 3-year time limit for most medical negligence claims, as the Limitation Act 1980 states. The time limit begins from the date the medical negligence took place or the date you first became aware of the medical negligence. This is sometimes referred to as the date of knowledge.

However, the time limit is paused if the claimant lacks the mental capacity to claim on their own. While it is paused, a litigation friend can be appointed by the courts to claim on their behalf. Should they regain this capability and no claim has been started, the claimant will have 3 years to begin their own legal proceedings from the date they recovered this mental capability.

Additionally, those under the age of 18 who have suffered medical negligence will have the time limit paused until their 18th birthday, at which point they will have 3 years to begin their own medical negligence claim. A litigation friend could begin this process on their behalf prior to the claimant’s 18th birthday.

Our team can give you more details about the medical negligence claims time limit and its exceptions. They can also confirm whether you are eligible to claim clinical negligence compensation and answer any questions you may have regarding how medical negligence compensation is calculated.

Why Claim With A No Win No Fee Medical Negligence Solicitor?

If you have an eligible clinical negligence compensation claim, our team can connect you with one of our specialist No Win No Fee medical negligence solicitors. Our solicitors have years of experience working on various clinical negligence claims. Some of the services they can offer to you include:

  • Help with gathering evidence to support your case, such as medical records and eyewitness statements.
  • Ensuring your claim is submitted within the time limit.
  • Explaining any legal jargon that is used throughout the claiming process that you might not understand.
  • Ensuring you receive a fair compensation settlement by negotiating this on your behalf.

Additionally, if one of the No Win No Fee solicitors on our team agrees to take on your case, they may offer their services to you under a Conditional Fee Agreement (CFA).

Here are some reasons why it is greatly beneficial to be represented by a solicitor under a CFA when making your claim:

  • You will pay no upfront fees for the work that your solicitor does.
  • You will pay no ongoing fees for the work that your solicitor does
  • If your claim is unsuccessful, you will not pay any fees at all for the work your solicitor has provided.

If your claim is successful, your solicitor can take a success fee out of your compensation. A success fee is a legally capped percentage. This percentage will be discussed with you prior to the claiming process beginning.

Start Your Case

Talk to our team to see if one of our expert solicitors could help you with your case. Our advisors can also help answer any questions you may still have, such as ‘How is medical negligence compensation calculated?’. You can speak directly with an advisor for free if you:

Someone asking a solicitor 'How is medical negligence compensation calculated?'.

Learn More About How Medical Negligence Compensation Is Calculated

Below are a few of our related guides:

Below are some pages which might provide you with useful information:

Thank you for reading our “How is medical negligence compensation calculated?” guide. We hope to have answered your questions. If not, you can always contact a friendly member of our advisory team.

Can I Claim If An NHS Letter Was Sent To The Wrong Address?

In this guide, we’ll explore the steps that you could take if an NHS letter was sent to the wrong address. UK residents personal data is protected by the UK General Data Protection Regulation (UK GDPR) as well as the Data Protection Act 2018 (DPA). We’ll discuss these legislations in more detail and define some common terms found in data breach law.

You are considered a data subject when personal data such as your name is processed. This type of data is protected by data protection law. This guide will examine the steps that can be taken should a breach of this personal data occur.

The guide will go further to examine how a compensation claim could be made under the UK GDPR when those responsible for such data fail in their obligations to protect it. As you get further down the guide, you will also see a section on the evidence needed to make a personal data breach claim and how compensation is calculated should you succeed. 

Finally, our guide explores the many benefits of working with a legal expert on your data breach compensation claim, and how a No Win No Fee agreement could help you.

Contact Us 

Our team of advisors are here to help, day or night. If you’ve been harmed mentally or financially by a personal data breach, contact us today by:

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Select A Section

  1. How To Claim If An NHS Letter Was Sent To The Wrong Address
  2. What Information Could An NHS Letter Contain?
  3. How To Prove An NHS Letter Was Sent To The Wrong Address
  4. What Could I Claim For A Letter Sent To The Wrong Address?
  5. Can I Make A No Win No Fee Data Breach Claim Against The NHS?
  6. Where Can I Learn More About Medical Data Breach Claims?

How To Claim If An NHS Letter Was Sent To The Wrong Address

As we’ve already mentioned, the UK GDPR and the DPA work hand in hand to protect the personal data of UK residents. But what is personal data?

Under data protection law, personal data is any information that can be used by someone else to identify you. For example, this might include your postal address, phone number, or date of birth. 

The NHS can be classed as both a data controller and a data processor. A controller, because they decide why and how they need to use your data, and a processor because they process it.

An NHS trust can have access to a wide range of this data, as it can be needed if you are admitted to a hospital, see a GP, or use a mental health service. Since they are a public body, they are required to appoint a data protection officer (DPO) to help them comply with legislation.

Data controllers and processors must comply with data protection legislation. When they fail to do so, this could lead to a data breach for which they could be liable for. You could potentially make a personal data breach claim if you can prove that:

  • The organisation in charge of your data failed in their legal requirement to adhere to data protection law. 
  • This led to a data breach that involved your personal information.
  • Due to your personal information being compromised, you suffered mental or financial harm as a result 

How Long Do I Have To Claim For A Medical Data Breach?

Generally, you have six years to start a personal data breach claim. However, there are exceptions to this rule. 

To learn about the steps you could take if the NHS sent a letter to the wrong address, or to find out if you are within the time limit to make a personal data breach claim, get in touch using the contact details at the bottom of the page.

A man typing on a laptop with a digital image of an envelope floating above it

What Information Could An NHS Letter Contain?

Some personal data falls under the heading of special category data. This data needs special protections, due to its sensitive nature. Importantly, information relating to your medical conditions is classed as special category data.

If the NHS sent a letter to the wrong address, this could allow an unauthorised person to gain access to information such as your:

  • Home address
  • Full name 
  • NHS number 
  • Medications
  • Medical conditions, including your HIV status or information from your patient records
  • Gender and sexual orientation 

For many people, this kind of information being exposed to a person could result in significant effects on their mental well-being. Contact our team today to find out what steps you could take if the NHS sent a letter to the wrong address.

How To Prove An NHS Letter Was Sent To The Wrong Address

When you make a personal data breach claim, you are responsible for proving that a data controller or processor is liable. As we’ve already mentioned, you can only make a claim if you can prove that the party responsible for your personal data failed to adhere to data protection law, which led to a breach that caused you to suffer either financial or emotional harm.

Some examples of proof that you could use to support a data breach claim include:

  • A letter of notification: If you received a letter or an email notifying you that your personal data had been sent to the wrong address, you could use this as evidence 
  • ICO correspondence: The Information Commissioner’s Office (ICO) oversees data protection in the UK. If you make a formal complaint to the ICO and they decide to conduct an investigation, the outcome could be used as evidence. 
  • Medical records: To help prove that you suffered psychological damage, you can submit medical records or a letter of diagnosis from a psychiatrist 
  • Financial records: Bank statements, wage slips, and invoices can be used to prove that you suffered financially. 

These are just a few examples of how you could prove a data breach claim. If you choose to work with a solicitor, they can help you gather evidence. Contact us to learn more, or read on to learn more about the steps you could take if an NHS letter was sent to the wrong address. 

The word confidential typed out on a piece of white paper by a typewriter

What Could I Claim For A Letter Sent To The Wrong Address?

When you successfully claim for a data breach, you can receive up to two heads of compensation. Non-material damage is the psychological impact of the breach.

For example, if a letter containing details of your medical conditions was sent to unauthorised persons, this could cause considerable anxiety. Data breaches can also result in stress, depression, and post-traumatic stress disorder (PTSD).

When this part of your award is valued, the person calculating it might reference the Judicial College Guidelines (JCG). This document contains guideline compensation amounts for different psychological injuries, some of which are included in the table below. 

Please note that these amounts are guidelines only and that the first entry is not from the JCG. 

Guideline Compensation Brackets

Psychological InjuryCompensation BracketNotes
Severe Psychological Harm And Financial LossesUp to £250,000+Severe psychological harm and financial losses, including lost earnings.
Severe Psychological Damage£66,920 to £141,240Very severe issues coping with daily life.
Moderately Severe Psychological Damage£23,270 to £66,920Symptoms are similar to the bracket above, but the prognosis will be much more optimistic.
Moderate Psychological Damage£7,150 to £23,270Symptoms show improvement by the time of trial.
Less Severe Psychological Damage£1,880 to £7,150This bracket depends on how long symptoms are present.
Severe PTSD£73,050 to £122,850The claimant has severe symptoms that mean they cannot function at the pre-trauma level.
Moderately Severe PTSD£28,250 to £73,050This bracket has a better prognosis because the claimant has some chance of recovery.
Moderate PTSD£9,980 to £28,250A large recovery occurs, and few smyptoms remain.
Less Severe PTSD£4,820 to £9,980A virtually full recovery happens within two years.

Material Damage

Material damage is the financial loss caused by the breach. For example, you might be unable to work due to the psychological effects of the breach. If this results in lost earnings, you could potentially claim these back as part of your material damage compensation.

If you’d like to learn more about how much compensation you could receive, contact our team today.

A hand posting a letter through a red letterbox

Can I Make A No Win No Fee Data Breach Claim Against The NHS?

Data protection law can seem complex, and when it comes to making a claim, you may be unsure of where to start. 

Our expert solicitors have years of experience in data breach claims, and could potentially help you claim on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). 

Under this kind of agreement, your data breach solicitor will start working on your claim without any upfront fees. Plus, if your claim doesn’t succeed, then you don’t pay your solicitor for their services. 

If you successfully claim compensation, then a small percentage will be taken as your solicitor’s success fee. This percentage is legally capped.

Contact Our Team

Our advisors are here to help. When you get in touch, a member of our friendly team will offer you a free evaluation. If they find that you have a valid claim, they can connect you with one of our expert No Win No Fee solicitors.

To get started:

A solicitor helps a client after an NHS letter was sent to the wrong address

Where Can I Learn More About Medical Data Breach Claims?

For More Helpful Guides

For More Helpful External Resources:

Thank you for reading our guide on the steps you could take if an NHS letter was sent to the wrong address.

Can I Claim For A Magistrates’ Court Data Breach?

This guide explains when and how you can claim for a magistrates’ court data breach. Firstly, we cover the data protection legislation that sets out the court’s legal responsibility to keep your personal data safe. Additionally, we explain the eligibility requirements for starting a compensation claim.

Continuing through the guide, you can get an idea of the personal data a magistrates’ court may be responsible for processing. We also look at how to prove that a court was responsible for a breach that caused you financial damage, emotional harm, or both.

Furthermore, we use guideline figures to give an illustration of what a data protection claim payout could look like. Read to the end of the guide to learn how our expert solicitors help clients seek compensation on a No Win No Fee basis.

If you’d like to know more about claiming compensation, or whether you have the right to start a data breach claim, contact us now for free and helpful guidance. Our 24/7 service is available when you either:

  • Phone our free helpline on 0800 073 8804.
  • Ask about making a claim online and leaving us some contact details.
  • Open the live support tab at the bottom of the page.

A close up of a gavel, statue, and scales with a court blurred out in the background.

Select A Section

  1. How To Claim For A Magistrates’ Court Data Breach
  2. Types Of Personal Data Handled By Courts
  3. How To Prove A Magistrates’ Court Breached Your Data
  4. What Could You Claim For A Court Data Breach?
  5. Can A No Win No Fee Solicitor Help With Magistrates’ Court Data Breach Claims?
  6. Learn More About Data Breach Claims

How To Claim For A Magistrates’ Court Data Breach

The term ‘personal data’ refers to information that can be used to identify a person, either by itself or alongside another piece of information. Up to three parties can be involved when data is processed:

  • Data subjects, who the data relates to or can be used to identify.
  • Data controllers, who decide how and when data is processed. In the context of a magistrates’ court data breach claim, the court is the data controller.
  • Data processors. A data controller can process the data itself, but it might instruct a third-party data processor to do it for them.

A data controller or processor must uphold two major pieces of data protection law: the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).

Regardless of the capacity in which you appear in a magistrates’ court, the court has a legal obligation to safeguard against personal data breaches that could affect you.

According to the Information Commissioner’s Office (ICO), a personal data breach is a security incident affecting the confidentiality, integrity or availability of a person’s personal data.

As an affected data subject, you could make a data breach compensation claim if you can show that:

  • A data controller or processor’s failure to adhere to the law led to a data breach or allowed a breach to occur.
  • Your personal data was affected by the breach.
  • You suffered psychologically, financially or both as a direct result.

You can learn more about starting legal action, including the time limit for submitting data breach cases, by calling our free helpline today.

Types Of Personal Data Handled By Courts

The magistrates’ court is the starting point for criminal cases. The court will refer the more serious cases to the Crown Court and handle minor or ‘either way’ offences, ranging from minor criminal damage to burglary. As a result, the court could process personal data related to defendants, lawyers, witnesses or others involved in a case, such as a jury panel.

Personal data that a magistrates’ court might hold includes your:

  • Name.
  • Date of birth.
  • Phone number.
  • Home address.
  • Email address.
  • Bank account information.

They may also have access to special category data, which is especially sensitive and requires extra protection. This can include data revealing or concerning your:

  • Racial or ethnic background.
  • Religious or philosophical beliefs.
  • Biometric data, where used for identification purposes.
  • Health.
  • Sexual orientation.

Criminal offence data should also be afforded extra protection. This is the personal data of offenders or suspected offenders in relation to criminal activity, allegations, investigations, and proceedings. 

Numerous people within the court may have access to this information as part of the legal process. If data protection laws aren’t adhered, a data protection breach could occur. However, to claim for a magistrates’ court breach, you need to prove wrongful conduct resulted in a breach of your personal data and caused you to suffer emotional harm and/or financial damage.

For example, if the court got your address wrong and sent a summons to the wrong postage address, your private information would be available to an unauthorised person, which could lead to significant distress.

Alternatively, leaving documents unattended during a court case and allowing someone to steal sensitive data could come at a serious cost to your mental health and finances.

Call our free helpline for further information on data breach claims and whether you have the right to claim for a magistrates’ court data breach.

The corner of a white keyboard with a green space key showing an envelope and the words 'data breach'.

How To Prove A Magistrates’ Court Breached Your Data

All breach of data protection claims rely on relevant evidence. Such claims must show clearly that the data controller or processor acted wrongfully, and that there is a direct path linking a data breach to the claimant’s suffering.

The court may provide evidence by sending a letter of notification. Data controllers are obliged to tell affected data subjects if a data breach incident occurred that puts their rights and freedoms at risk.

This should happen without undue delay, but you can contact the court directly if you believe a data breach has occurred and you haven’t been notified. Keep a record of all contact as supporting evidence for your claim.

In qualifying cases, the organisation responsible for processing data also has to notify the ICO. Again, you could proactively inform the ICO if they are not already aware, and their findings could add to your evidence.

Furthermore, you should collect any documents that highlight how the data breach affected you. A psychiatrist’s report can outline any psychological injury suffered, while bank or credit card statements are examples of proof of financial loss. This may influence how the value of your data breach claim is calculated, as we cover in the next section.

You can get further relevant information about data breach claim evidence, plus how an experienced data breach solicitor could help you gather proof to aid your case, by calling us today.

What Could You Claim For A Court Data Breach?

A data breach can have a significant impact, in multiple ways. Therefore, it is possible for a claim payout to include compensation for two different forms of damage. You can seek compensation for both, or just one. They are non-material and material damage, both of which we explain below.

The term ‘non-material damage’ refers to psychological damage caused or made worse by a data breach. For example, someone’s personal data being lost could lead to the likes of:

  • Anxiety.
  • Stress.
  • Depression.
  • Post-Traumatic Stress Disorder (PTSD).

A number of factors determine how much compensation you would receive in a successful claim for a magistrates’ court data breach, including the extent of the mental injury and how much it affects your life.

We have used the Judicial College Guidelines (JCG) to make the table you can see below. The JCG is a document made up of guideline compensation brackets sometimes used as guidance for non-material damage calculations.

Compensation Table

The top line of this table is not from the JCG. Also, please remember that the table is only a guide.

MENTAL INJURYSEVERITYCOMPENSATION GUIDELINESNOTES
Severe Psychiatric Harm Plus Substantial Financial DamageSevereUp to £500,000+A payout addressing non-material and material damage. Compensation accounts for severe psychological injuries and substantial financial losses such as relocation costs and counselling fees.
General Psychological InjurySevere£66,920 to £141,240Factors contributing to the payout include how the affected person handles life, education, work and relationships. In severe cases, there are marked problems and the prognosis is very poor.
Moderately Severe£23,270 to £66,920While there are issues with the factors noted in severe cases, the overall prognosis is much more optimistic.
Moderate£7,150 to £23,270There is a good prognosis and improvement made by the affected person.
Less Severe£1,880 to £7,150The award given will depend on how long the person was affected and to what extent.
Post-Traumatic Stress DisorderSevere£73,050 to £122,850Effects are permanent and restrict the injured person from working at all, or at least to pre-trauma levels. It affects all aspects of life.
Moderately Severe£28,250 to £73,050Professional help allows for some recovery and better prognosis than those severely affected. However, significant disability is still likely.
Moderate£9,980 to £28,250The affected person largely recovers and does not experience grossly disabling ongoing effects.
Less Severe£4,820 to £9,980A mostly full recovery is made within a couple of years and only minor issues persist for longer.

What Is Material Damage?

When a claimant’s data is compromised, they may end up facing unavoidable and likely irrecoverable costs as a result. With that in mind, it is possible to seek compensation for material damage, meaning the financial harm inflicted after a personal data breach. You could seek material damage compensation if you lost money due to, for example:

  • Being unable to work because of the effects of a breach.
  • Having to move home or job.
  • Paying for costs associated with mental health treatment.

As well as the bank or credit card statements we discussed earlier, other forms of relevant evidence could include rent statements, payslips or invoices. Keep hold of any documents that could help prove the extent of material damage.

Can A No Win No Fee Solicitor Help With Magistrates’ Court Data Breach Claims? 

You could benefit from the expert services of one of our data breach solicitors if you have a valid claim and want support throughout the claims process.

Having a specialist solicitor represent you can make all the difference to a claim and ensures that every important step of the process is handled with professional care.

Our solicitors offer a Conditional Fee Agreement (CFA), which is a type of No Win No Fee deal. This means that you do not have to pay for their work if the case loses. Another benefit of a CFA is that there are no upfront or running solicitor fees.

If your claim for a magistrates’ court data breach is successful, you would receive compensation. A small percentage of the payout would go to the solicitor as their success fee. However, a legal cap set out by The Conditional Fee Agreements Order 2013 ensures the percentage set aside for the solicitor is minor.

A solicitor working on a claim for a magistrates' court data breach.

Contact Us

Our advisors are available all day, every day. They can not only answer your questions as part of a free consultation, but also evaluate whether you have reasonable grounds to seek compensation.

Although there is no obligation to claim even if you have a case, an advisor can easily connect you to a trained data breach solicitor if you want to explore your options.

Whether you want advice after your data was breached, or you’re seeking guidance on getting a claim started, we can help.

It’s easy to reach us and our advisors are ready to help you, so either:

  • Call 0800 073 8804.
  • Write to us about your potential claim online so we can get back to you.
  • Send us a message using the live chat feature below.

Learn More About Data Breach Claims

We hope our guide has helped you. For even more data breach guidance, check out the below articles:

These resources could also prove helpful:

Call our free helpline today for further support or to ask whether you can start your claim for a magistrates’ court data breach.

A Guide On How To Make A Cycling Pothole Claim

Potholes are depressions on the road surface that form when water gets under the tarmac. While hazardous to all road users, cyclists are at particular risk as they lack the protection afforded by a motor vehicle. This guide will examine who could be eligible to begin a cycling pothole claim.

You will see information on who is responsible for maintaining the road network and how failing to adequately uphold this duty of care can result in accidents where a cyclist is injured, including some illustrative examples to show how these accidents can occur.

We also explain how personal injury compensation is calculated under the two heads of loss, including a compensation table with guideline brackets amounts for various types of injuries.

Our final section is concerned with the type of No Win No Fee contract offered by our solicitors, and how you can benefit when instructing a solicitor to represent you under such a contract.

To learn more about making a personal injury claim following a pothole accident or check your eligibility to claim compensation in your particular circumstances, contact our advisors today using the following contact details:

  • Call an advisor on 0800 073 8804
  • Begin your claim online through our website.
  • Use the live chat feature in the bottom left of your screen

a deep pothole or road defect presenting a substantial hazard for road users.

Select A Section

  1. How To Make A Cycling Pothole Claim
  2. What Injuries Could You Claim Compensation For?
  3. What Evidence Could Support A Cycling Pothole Claim?
  4. How Much Compensation Could You Claim For A Pothole Accident?
  5. Contact Us To Get Help Making A No Win No Fee Claim
  6. Further Cycling Pothole Claim Resources

How To Make A Cycling Pothole Claim

The Highways Act 1980 places a duty of care upon the party responsible for a given road. This party must ensure the road is adequately maintained to allow ordinary traffic to pass without incident. As we mentioned above, cyclists are particularly vulnerable to road defects, especially potholes, because they are substantially less protected than the drivers of motor vehicles.

Who is responsible for a given road can vary. For example, the council or local authority are responsible for local roads, whereas Highways England has responsibility for major roads such as motorways and major A roads. Since cyclists are prohibited from travelling on motorways and certain dual carriageways, a cycling pothole claim is typically made against the council or local authority.

Eligibility Criteria To Begin A Cycling Pothole Claim

Now we’ve explained who owes road users a duty of care with regard to maintaining the road surface, this section explains the eligibility for pothole claims against local authorities or the highway authority.

  1. The party responsible for maintaining the road owed you a duty of care.
  2. That party failed to repair road defects and maintain safe conditions for ordinary traffic, thus breaching this duty.
  3. As a result of this breach, an accident occurred in which you were injured.

However, section 58 of the Highways Act 1980 provides a defence for those responsible for maintaining the road networks. If responsible parties can prove that all reasonable measures were taken to ensure the highway was not dangerous to traffic or pedestrians, then a claim is unlikely. Just because you have an accident caused by a pothole does not mean you are automatically eligible to make a pothole claim.

For further advice on the eligibility criteria, or to get a free assessment of the validity of your potential cyclist pothole claim, contact our advisors today using the number given above.

Time Limits In Cycling Pothole Accident Claims

In most personal injury cases, there is a limitation period of 3 years from the accident date, as per the Limitation Act 1980. However there are circumstances when the general limit could be paused or extended. For example, those who were under 18 at the time of the accident will have the limitation period counted from their 18th birthday. If the injured persons lack the mental capacity to claim for themselves, this time limit is frozen altogether. In these scenarios, a suitable adult may apply or be appointed as a litigation friend and begin the claim on behalf of the injured person. 

You can get further advice on the relevant time limit by speaking with our advisors. The team can also provide a free assessment of your eligibility to claim. Get in touch today using the contact information provided above.

What Injuries Could You Claim Compensation For?

A cycling pothole claim could be made for a number of different injuries. We have detailed some example scenarios here to explore how an unrepaired pothole can present a serious risk to a cyclist:

  • You were cycling through a town when you hit a pothole. This caused you to swerve onto the pavement and collide with a lamppost. You suffered a broken nose and damage to your arm.
  • You turned off a main road into a side street. As you turn, your front wheel hits a pothole, causing you to lose control of your bicycle and hit an oncoming car. You suffered multiple broken bones in the crash.
  • You were cycling with a group when you rounded a corner and hit a pothole. Multiple cyclists lost control of their bicycles and collided with one another, including you. You suffered a badly lacerated leg and damage to your knee.

Many other scenarios could arise where a pothole causes a cyclist to suffer injuries, this section is intended to provide guidance, not an exhaustive list. To find out if you could claim compensation in your particular circumstances, contact our advisors today. The team is available 24 hours a day via the contact information provided below.

What Evidence Could Support A Cycling Pothole Claim?

In this section, we examine how to prove fault in a cycle accident injury claim. This is done through supporting evidence. As well as demonstrating who was at fault, evidence is also used to show the extent of your injuries. 

Examples of evidence you could use for your cycling pothole claim include:

  • Seeking medical attention is always recommended when you’ve been in an accident. While your health and well-being are the first priority, you can use the medical records from the treatment you receive as evidence for your claim.
  • It is also advisable to keep a diary during your treatment, focusing on the physical and mental impacts your injuries and treatment had on you.
  • If available, you can request CCTV footage of the accident. You could also get footage from a dash cam or similar device.
  • Photographs of the pothole damage are vital. These should include measurements.
  • Anyone who saw the accident occur could be a potential witness. Be sure to take their contact information so they can provide a statement at a later date.

Helping you gather evidence for your claim is one of the many tasks one of our solicitors could support you with. Once our advisors have decided your potential claim is valid, they could put you in touch with one of our solicitors. A solicitor could support with collecting evidence, as well as ensure your claim is made within the relevant time limit. Get your free assessment today by calling the number given below.

a man sitting holding a bandage to his elbow after a cycling accident caused by a pothole

How Much Compensation Could You Claim For A Pothole Accident?

There are two relevant heads of loss for any given successful claim. Compensation for the pain and suffering caused by your injuries will be awarded under General Damages. You may also be entitled to compensation under Special Damages for costs stemming from your injuries, which we discuss further below.

Calculating a possible compensation figure for your potential claim is something one of our solicitors can help you with. The team assigned this task can make reference to the Judicial College Guidelines (JCG) alongside your medical evidence. The JCG publication contains descriptions of various different injuries with compensation brackets. We have used some of these guideline brackets in our table here.

Compensation Table

Please be advised that the first entry was not taken from the JCG and that this information has been provided for guidance purposes only.

Type of InjurySeverityGuideline Compensation ValueDescription
Multiple Very Severe Injuries As Well Lost Income, Medical Bills And Other Special DamagesVery SevereUp to £1,000,000 and above.The injured person will have suffered multiple very severe injuries and incurred substantial costs such as a loss of earnings, medical bills and other Special Damages.
Injuries Involving ParalysisQuadriplegia (a)£396,140 to £493,000Paralysis of the upper and lower extremities. A typical case where the injured person has a life expectancy of at least 25 years, is experiencing no issues with sight, speech or hearing but requires support with bodily functions will be awarded towards the middle of this bracket.
Injury Resulting From Brain DamageModerately Severe (b)£267,340 to £344,150Very serious disability where the injured person has a substantial dependence on others. Disabilities can be physical, such as paralysis, or cognitive, where there has been a marked impairment of personality and intellect.
BladderDouble Incontinence (a)Up to £224,790Total loss of natural bowel and urinary function resulting in double incontinence with other medical complications.
Chest InjuriesTotal Removal of One Lung and/or Serious Heart Damage (a)£122,850 to £183,190The worst cases of chest injury involve serious heart damage and/or the complete removal of one lung, resulting in permanent scarring and prolonged pain and suffering.
Leg InjuriesSevere (b)(i)£117,460 to £165,860Injuries that fall short of amputation but are of such severity they are awarded at similar levels. For example, an extensive degloving or where fractures have not united and require extensive bone grafting.
Other Arm Injuries Severe (a)£117,360 to £159,770Injuries that do necessitate amputation but are extremely serious and leave the injured person little better off than if the arm had been lost such as a severe brachial plexus injury.
Substantial and Permanent Disablement (b)£47,810 to £73,050Significant fractures of one or both forearms resulting in significant residual disability.
Knee InjuriesSevere (a)(i)£85,100 to £117,410A serious injury where there has been a disruption of the joint, gross ligament damage and the development of osteoarthritis.
Injuries to the ElbowLess Severe (b)£19,100 to £39,070A significant functional impairment but not resulting in significant disability.

Special Damages

As we mentioned at the beginning of this section, the financial losses you incur from your injuries can be compensated under Special Damages. It is often the case that compensation for Special Damages will be greater than General Damages. We have outlined some examples of such costs that could be awarded as part of Special Damages in cycling accident claims here:

  • Lost earnings: Following a cycling accident, you may need time off work to recover from your injuries. In cases where serious injuries have been sustained, your ability to work may be reduced for an extended period. You could claim compensation for this loss of earnings.
  • Care costs: You may require assistance in the home with cleaning, food preparation or other tasks if your injuries mean you cannot carry these duties out safely by yourself.
  • Medical bills: prescriptions, therapy or other out-of-pocket medical costs.
  • Transportation costs: If doctors have advised you not to drive once you are able to return to work, you could claim back the cost of public transport.

Other costs, such as bike repair costs, could make up your compensation payout should your claim succeed. To get a more personalised estimate of the value of your potential claim, contact our advisors today using the contact information given below.

Contact Us To Get Help Making A No Win No Fee Claim

Get in touch with our advisors for a free assessment of your eligibility to begin a cycling pothole claim. If our team assesses your potential claim as valid they could connect you with one of our highly experienced personal injury solicitors.

Our solicitors can offer claimants what’s known as a Conditional Fee Agreement or CFA. When instructing a solicitor to represent you under this type of contract there are some key benefits you will enjoy. The first of which is that there is no upfront fee to pay for the solicitor to begin working on the claim. There will likewise be no fees during the claim itself. Finally, if the claim is unsuccessful, there will be no fee to pay.

However, should your claim be a success, you will receive a personal injury compensation payout. A success fee will be paid to the solicitor as a percentage of this compensation. Because success fees are capped by law, you will get to keep the majority of the compensation you receive. 

To learn more about making a claim following a pothole accident or check your eligibility to claim compensation in your particular circumstances, contact our advisors today using the following contact details:

  • Call an advisor on 0800 073 8804
  • Begin your claim online through our website.
  • Use the live chat feature in the bottom left of your screen

A solicitor sat at their desk completing paperwork for their client's cycling pothole claim

Further Cycling Pothole Claim Resources

You can read some of our other cycling accident claim guides here:

We have also provided these external resources for additional information:

  • THINK! has published this guidance on cycling which you can read on their website.
  • The NHS has released this guidance on applying first aid after an incident.
  • If you are unable to undertake work, you may be entitled to Statutory Sick Pay. Learn more on the Government website.

Thank you for taking the time to read our guide to making a cycling pothole claim. For more information, or to get a free no obligation assessment of your eligibility to start a claim, speak to an advisor today. Our team is available 24 hours a day using the contact information provided above.

A Look At The Evidence Needed For A Data Breach Compensation Claim?

You will find this guide especially useful if you want to know what evidence you need for a data breach compensation claim.

Not all data breaches provide a valid basis for a compensation claim. A claim must show that an organisation, or a third party that processes data on its behalf, acted against data protection law and caused a breach of personal data. Furthermore, you need to prove that the breach caused you psychological damage, financial harm, or both.

In this guide, you will learn about the forms of evidence that can help prove these eligibility criteria and help your case towards a positive outcome.

We conclude by explaining how the claims process works, including evidence-gathering, which can be more straightforward with one of our specialist data breach claim solicitors working on your behalf.

You can call us at any time for 24/7 guidance and support, free of charge. You can also learn if you have a case that a solicitor could support you with on a No Win No Fee basis.

Choose any of these options for free advice on how to claim data breach compensation:

  • Phone us on 0800 073 8804.
  • Write to us about your potential claim online and we’ll call you.
  • Use the live chat tab below to start a conversation.

A black outline of a person and the words 'data breach' in large red letters on a grey background.

Browse Our Guide

  1. What Evidence Do I Need For A Data Breach Compensation Claim?
  2. Proving Your Data Was Involved In The Breach
  3. Evidence Of The Psychological Impact
  4. Evidence Of The Financial Impact
  5. How To Begin A Data Breach Claim On A No Win No Fee Basis
  6. Learn More About What Evidence You Need For A Data Breach Compensation Claim

What Evidence Do I Need For A Data Breach Compensation Claim?

You will likely share personal data with many organisations during day-to-day life. Such data is any information that can be used, either alone or in combination with other information, to identify you.

The organisation responsible for deciding how and why to process information is known as the data controller. They could undertake processing themselves, or instruct a third-party data processor to do it for them.

Data controllers and data processors must follow two pieces of data protection legislation, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).

Evidence for a data breach compensation claim should highlight how a data controller or data processor failed to follow these laws and a personal data breach occurred as a result. To show this, and any harm you suffered as a consequence, you will need the likes of:

  • Recorded contact between you and the organisation involved.
  • Proof of the breach and what was affected.
  • Medical records to highlight emotional distress.
  • Evidence of any financial losses caused by the data breach.

We cover the different types of evidence as the guide progresses. If you have any questions about what evidence you need for a data breach compensation claim, please call our 24/7 helpline at any time.

Proving Your Data Was Involved In The Breach

You need to prove that a personal data breach occurred and affected you directly. The Information Commissioner’s Office (ICO), an independent body protecting personal data rights, defines a data breach as a security incident that affects the availability, confidentiality or integrity of personal data.

An organisation must inform individuals of a data breach that affects their rights and freedoms without undue delay. As a result, you could expect to receive a letter of notification, which might be posted or emailed. This letter can be used as evidence as it will likely discuss what happened, how it came about, what data was affected and the steps they are taking to address the issue.

However, you may not find out this way. You could see on the news that the organisation has suffered a data breach. Alternatively, cybercriminals might try to scam affected individuals, or contact them to demand payment for personal or sensitive information being deleted. You may otherwise learn that your data is being sold on the dark web. Whichever way a data breach comes to your attention, be sure to keep a record as evidence.

If you believe your data has been breached but the organisation has not told you, you can contact them directly.

If you are not satisfied with the response from the organisation, you can report your concerns to the ICO but wait no longer than three months from the last communication with the organisation. The ICO may investigate, but please be aware that they do not pay compensation. The outcome of their report could also be used as proof in a personal data breach claim.

For more information on how to make a data breach claim and what steps you can take to collect evidence, just call the number above today.

An office worker using a landline to report a data security incident.

Evidence Of The Psychological Impact

A data breach can have a serious effect on the impacted person’s mental health. In a personal data breach claim, you could potentially claim compensation for psychological injuries such as:

  • Depression.
  • Acute anxiety or distress.
  • Post-Traumatic Stress Disorder (PTSD).

For example, if your medical records were involved in a data breach, this could affect your mental well-being, knowing that your medical information had been compromised. Personal information relating to your health is also protected by data protection laws; they even go further to add extra protections as this data is considered sensitive information. 

There are two types of damage for which you can claim compensation: Material damage and non-material damage. We will discuss material damage in the next section, but non-material damage is the effect the data breach has had on your mental well-being, as discussed above.  

To claim compensation for non material damage, it is advised to seek medical attention and request a copy of your health records to use as evidence. Furthermore, you can keep a diary of symptoms and ways in which you have been affected.

Evidence Of The Financial Impact

Compensation payouts for data breach claims can account for the ways in which you suffered financially. Material damage is the financial harm you suffer due to the data breach. Some examples include:

  • Your credit rating being damaged due to identity theft. 
  • The cost of medical treatment or counselling, along with expenses for travelling to and from appointments.
  • Fees associated with a forced home relocation if, for example, your personal details were leaked to a stalker.
  • A loss of earnings from being unable to work or having to change jobs.

Any of the above could be possible. For example, if social services breach UK GDPR through a human error and cause an adopted child’s address to become available to their birth family, the adoptive family may be forced to move home.

The evidence you need to prove material damage could include:

  • Bank statements.
  • Other financial records, such as credit card statements or a credit report.
  • Payslips.
  • Invoices or receipts.

It is possible to claim compensation for financial damage, known as material damage, by itself. You can also claim for just psychological harm, or both together.

Call today for free guidance on data breach compensation amounts or to discuss how much compensation you might be able to claim.

How To Begin A Data Breach Claim On A No Win No Fee Basis

Our experienced No Win No Fee solicitors have an in-depth understanding of the data breach claims process. They could apply their knowledge of data breach compensation claims to help you get the outcome you deserve.

As well as helping you collect evidence if instructed, a solicitor can submit proof and argue your case for compensation.

If one of our solicitors takes on your claim, they will offer a Conditional Fee Agreement. This spares you from any upfront or ongoing fees covering the legal representation they provide. As the solicitor works on a No Win No Fee basis, you would not pay for their work if the claim fails.

If you and your solicitor presented sufficient evidence, leading to a successful data breach claim, they would capture a percentage of the compensation awarded to you. This cut is referred to as their success fee.

The Conditional Fee Agreements Order 2013 is important to remember as it sets out a legal restriction on the percentage that can be set aside for a solicitor.

A solicitor sat at a desk with their client. Our solicitors can help explain what evidence you need for a data breach compensation claim.

Contact Us

You can learn more about claiming compensation for data protection breaches or data breach compensation examples by speaking to one of our advisors today. Furthermore, they can assess your potential case. If you have a valid data breach claim, you could be connected to one of our solicitors without delay.

For guidance on what evidence you need for a data breach compensation claim, the No Win No Fee agreement our solicitors offer, and much more, either:

  • Call 0800 073 8804 to access our free helpline.
  • Use our ‘Claim online’ web query form.
  • Select the live support tab at the foot of this page.

Learn More About What Evidence You Need For A Data Breach Compensation Claim

Here are some further data protection claims guides that may be of use:

These resources also contain useful information:

Thank you for reading our guide. If you have any questions about data protection breach compensation, or what evidence you need for a data breach compensation claim, please call today.

A Guide To The Public Liability Claim Time Limit

Last Updated 7th November 2024. This guide provides an in depth overview of the public liability claim time limit. We explain the limitation period for personal injury claims and provide additional details on a number of different circumstances that could affect this.

Where there has been a fatality, the injured person is a child or lacks the sufficient mental capacity to claim; the law grants extensions to the general public liability claims time limit.

At the end of this guide, you will see a section on how starting your potential personal injury claim with one of our highly experienced solicitors can offer you significant protections with a specific type of No Win No Fee contract.

Alarm clocks for public liability claims time limit.

Our advisors are available 24/7 to answer any questions and provide free advice. As well as expert guidance, our team can assess your eligibility to start a public liability claim at absolutely no cost to you. Talk to the team today using the following contact information:

  • Call an advisor on 0800 073 8804.
  • You can also get started with your claim online by completing this form.
  • Alternatively, use the live chat button in the bottom left of your screen. 

Select A Section

  1. What Is The Public Liability Claim Time Limit?
  2. How Long Do You Have To Claim For Injuries To Children?
  3. Can I Claim On Behalf Of Someone With A Reduced Mental Capacity?
  4. How Long Is The Public Liability Claim Time Limit For Fatal Accidents?
  5. Can You Claim If The Limitation Period Has Expired?
  6. How To Start A Public Accident And Injury Claim

What Is The Public Liability Claim Time Limit?

A public liability claim is a type of personal injury claim made against the party, referred to as an occupier, in control of a public place. Occupiers are required to take steps to ensure the reasonable safety of all visitors to their premises as per the Occupiers’ Liability Act 1957. A failure to uphold this duty of care can result in public accidents where a claim could be made.

The Limitation Act 1980 stipulates the time for a number of different types of claims. Per the Act, a public liability claim is subject to a limitation period of 3 years. A failure to begin your public liability compensation claim within this time limit could see your case become time barred. This is when you are unable to make a public liability claim due to the time limit expiring.

hour glass depicting the limitation period.

However, there are exceptions that can apply in some circumstances. The time limit can vary in cases where the injured person is a child, has a reduced medical capacity or where there has been a fatality. We will examine these in more detail in the sections below. 

How Long Do You Have To Claim For Injuries To Children?

Children cannot start a claim in their own right. If a child is injured in a public accident, the public liability claim time limit is frozen until they turn 18. What this means is they will have until their 21st birthday to start a claim.

While the child is a minor, under the age of 18, a suitable adult can apply or be appointed by the Court to act as the child’s Litigation Friend and begin the claim on their behalf. If no claim is made on the child’s behalf by a litigation friend, then when the child turns 18, they will have 3 years to initiate legal proceedings. Learn about making public liability compensation claims on behalf of children by calling the number above and speaking to one of our advisors. 

Can I Claim On Behalf Of Someone With A Reduced Mental Capacity?

Similarly to injured persons who are minors, those with a reduced medical capacity, are unable to claim for themselves. In these cases, the public liability claim time limit is paused indefinitely. Should the injured person recover their capacity, such as in cases of non-permanent brain damage, they will be allowed to claim by themselves and be subject to the standard limitation period of 3 years. The time limit will come into effect from the date of recovery. 

Once again, a litigation friend could be appointed to begin a public liability injury claim on the injured person’s behalf while they have reduced mental capacity and are unable to pursue the claim themselves. Talk to the team today to learn about being a litigation friend or to find out if their potential claim is valid with a free assessment of their eligibility. 

How Long Is The Public Liability Claim Time Limit For Fatal Accidents?

The public liability claim time limit where there has been a death is still generally 3 years. This can be counted either from the date of death itself, or from the completion of any inquest or post-mortem, known as the day of knowledge.

Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate of the deceased can claim for the pain and suffering, as well any financial losses experienced by the deceased prior to their death.

If the estate has made no claim on their behalf within 6 months, then under the Fatal Accidents Act 1976, certain qualifying dependents can claim for the impact the death had on them.

You can ask our advisors, “What is the public liability claim time limit in fatal accident claims?” or any other questions you may have by calling the number below. The team can also assess your eligibility to begin a claim at zero cost to you. 

Can You Claim If The Limitation Period Has Expired?

In most cases, the answer is no. Once the limitation period has elapsed, a claim cannot be brought for the accident. However, the court may allow a claim to proceed if the deadline has passed.

If the limitation period elapsed due to your solicitor’s actions, you could claim compensation for professional negligence, as their actions caused you to lose the opportunity to pursue your claim.

How To Start A Public Accident And Injury Claim

Contact our advisors for a free assessment of your eligibility to start a claim. If the team decides your claim is valid, and you are within the relevant public liability claim time limit, they could put you in contact with one of our highly experienced personal injury solicitors.

Our solicitors can offer their services under a particular type of No Win No Fee contract called a Conditional Fee Agreement or “CFA.” The CFA offers claimants some key protections such as not having to pay any fees upfront or during the claim itself for the solicitor’s work in the majority of cases. There will also be no fee should the claim fail.

In the event of a successful claim, you will receive a personal injury compensation award. A legally capped percentage of this award will be taken as the solicitor’s success fee, meaning you will keep most of any compensation you receive. 

For more information on the types of public liability accidents you could potentially claim compensation for, read our public liability claims FAQ guide. You can also put any questions that may have arisen when reading this guide to our advisors.

In addition to offering further guidance, our team can assess your eligibility to start a public liability claim at absolutely no cost to you. Talk to the team today about No Win No Fee public liability claims using the following contact information:

  • Call an advisor on 0800 073 8804.
  • You can also get started with your claim online by completing this form.
  • Alternatively, use the live chat button in the bottom left of your screen. 

A solicitor and their client discussing the public liability claim time limit in an office

Further Resources on Public Accident Claims

You can read some more of our guides to public accident claims by following these links:

We have also provided these external resources that you may find helpful:

  • You can access the NHS guidance on first aid on their website.
  • You may be entitled to Statutory Sick Pay following a public accident. Learn more with this government resource.
  • The Health and Safety Executive has provided this guidance for preventing slips and trips on business premises.
  • Public liability insurance information from Gov.UK

Thank you for reading this guide on the public liability claim time limit. You can get additional free advice, or an assessment of your eligibility to claim by speaking to our advisors. The team are available 24 hours a day using the contact details provided above.

Can I Claim If I Fall In The Street And Suffer An Injury?

If you have had a pavement accident in public, you may be wondering, “Can I claim if I fall in the street?”. By reading this guide, you can find out what duty of care a third party owes to you to prevent accidents in the street and whether you are eligible to claim compensation for your injuries. We also discuss how a fall accident might happen due to a breached duty of care. 

Then, we tell you what pieces of evidence you could collect to prove a public liability claim and how compensation for a fall injury is calculated. 

To end this guide, we explain what No Win No Fee agreements are and how a specialist personal injury solicitor can help you if you are eligible to make a pavement accident claim. 

Our team can confirm whether you are eligible to claim compensation. By contacting our advisors, you can discuss your case for free and if it’s found your case is eligible, an advisor can connect you with one of our expert solicitors.

To reach out, you can:

A lifted pavement slab raised above the rest of the pavement.

Jump To A Section

  1. Can I Claim If I Fall In The Street?
  2. Causes Of Falling In The Street
  3. How To Prove Public Accident Claims
  4. What Compensation Can I Claim If I Fall In The Street?
  5. Start Your No Win No Fee Claim For A Fall In The Street
  6. Get Further Advice On Public Accident Claims

Can I Claim If I Fall In The Street?

The Occupiers’ Liability Act 1957 states that all occupiers (those who have control of a public space) owe a duty of care to all public members while they are using the space for its intended purpose. To adhere to this duty, occupiers must take steps to ensure the public is reasonably safe while on their premises. Such steps include removing any hazards and implementing health and safety procedures where hazards cannot be removed. 

Local councils and authorities often control local highways such as streets, roads, and pavements. However, other third parties could also be liable if a fall accident happens in the street. If the party who owes you a duty of care breaches this duty, they could be liable for the accident. As such, who you make your claim against depends on who is liable. 

You may be able to make a public liability claim after falling in the street if you can prove that third-party negligence occurred. Third-party negligence is when:

  1. A third party owed you a duty of care. 
  2. This duty was breached. 
  3. You were injured due to this breach. 

The above make up the criteria for eligible personal injury claims. To discuss the question ‘Can I claim if I fall in the street?’ and find out whether your case meets the above criteria, get in touch on the number above.

Time Limits On Public Accident Claims

The Limitation Act 1980 states that the general time limit to make a personal injury claim is 3 years, generally commencing from the day the accident happened. 

However, if the claimant is younger than 18 years old or does not have the mental capacity to be able to make a claim, then this general time limit is paused. While the time limit is paused, the courts can assign a litigation friend to start legal proceedings for the claimant.

If a litigation friend has not started a claim for the claimant, the time limit will start from the claimant’s 18th birthday, in child cases. In cases where the claimant has a reduced mental capacity, the time limit will start from the date of recovery.

If you contact us, our team can provide more information about whether your potential pavement accident claim is within the limitation period. 

Causes Of Falling In The Street

Here are some possible causes of how someone could suffer a fall injury in the street due to a third party breaching their duty of care:

  • An accident could be caused by poor or inadequate lighting caused by broken street lights that have been reported but not repaired in a timely manner. This could result in a member of the public losing their footing and sustaining a broken ankle from a fall.
  • There could be a failure by construction workers doing maintenance checks on the water pipes to put a drain cover back on after work is completed. As a result, a member of the public falls and sustains a broken leg and head injury.
  • A pavement accident could occur if loose slabs are reported to the local council but no steps are taken to fix the hazard. This could cause someone to sustain a wrist injury and neck injury.

A slip, trip and fall accident may not always be grounds to start a personal injury claim. You must prove that a third party breached their duty of care and caused you to sustain an injury.

To discuss your specific case and find out if you could claim for a fall injury, please get in touch using the number above.

A birds-eye shot of a cover left off a manhole drain.

How To Prove Public Accident Claims

Having proof that a third party breached their duty of care and how you were injured from this is essential in pavement accident claims. Some examples of useful types of evidence you could gather include:

  • CCTV footage of the accident taking place. 
  • Photographs of the cause of the accident and your visible injuries. 
  • A record of your symptoms and medical treatment in a diary. 
  • Copies of your medical notes, records, and any scan images that provide details on your injuries.
  • Contact details of potential witnesses. These can be used to collect witness statements later on in the claims process.

If you have an eligible public liability claim and would like help collecting as much evidence as you can, one of our solicitors could assist. They have experience handling claims for falls in the street and can ensure your case is brought forward within the correct time frame. 

To find out more about the services they can offer and whether you’re eligible to instruct them to represent you, call our team on the number above. They can assess your case and answer the question ‘Can I claim if I fall in the street?’ and may connect you with an expert solicitor if you have valid grounds to pursue compensation.

What Compensation Can I Claim If I Fall In The Street?

In addition to wondering whether you can claim if you fall in the street, you might also be interested in how much compensation could be awarded for your injuries.

If your public liability claim is successful, your personal injury compensation payout could possibly be divided into two heads of claim. These are known as general and special damages.

All successful claims are awarded general damages. General damages are compensation for the pain and suffering you have experienced due to your physical and/or psychological injuries. As such, some of the factors that will be taken into consideration when calculating the value of this head are:

  • How severe the pain and your injury is. 
  • Whether your quality of life has changed. 
  • How long the recovery period will be. 
  • The treatment required.

A medical report produced from an independent medical assessment that you might need to attend as part of the claims process can be used when valuing general damages. The report can be used alongside guidelines from the Judicial College which list award brackets for different types of injuries. 

Injuries Table

We have included some injuries, that could be suffered following a fall accident, with their guideline compensation amounts from the JCG. Only the first row is not from the JCG. 

However, please do not use these figures as a guarantee for how much compensation you could receive. Since every claim is unique, these figures are only a guide and not a reflection of what you could get for a successful claim.

InjurySeverityGuideline compensation values
Multiple serious injuries with special damagesSeriousUp to £1,000,000+
Brain damageVery Severe£344,150 to £493,000
Moderately Severe£267,340 to £344,150
Severe Leg InjuriesVery Serious£66,920 to £109,290
Serious£47,840 to £66,920
KneeSevere (iii)£31,960 to £53,030
Moderate (i)£18,110 to £31,960
ArmLess Severe Injury£23,430 to £47,810
WristAn uncomplicated Colles fracture.In the region of £9,070

Special Damages In Public Accident Claims

Only some successful claims are awarded special damages. Special damages are compensation for the past and future expenses you have incurred due to your injuries. For example:

  • If you have lost earnings because your injuries have caused you to take time off work.
  • The travel costs of attending medical appointments.
  • Medical bills, such as requiring private healthcare or paying for prescriptions. 

Since special damages are not always awarded, keeping proof of the money you have lost due to occupier negligence is essential. This evidence can be in the form of receipts, payslips, bank statements, and invoices. 

You can learn more about how much could be awarded in successful pavement accident compensation claims by having a chat with our team. 

Start Your No Win No Fee Claim For A Fall In The Street

Our expert personal injury solicitors could help you with your claim. They can use their vast experience to help you with your case by:

  • Collecting the evidence that can help you win your claim
  • Arranging an independent medical appointment for you
  • Handling all legal paperwork and forms for you
  • Pushing for the best compensation result for you that they can
  • Processing your claim in an efficient and timely manner.

If your fall in the street claim is eligible, you may be offered a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. Under such an agreement, you do not have to pay your solicitor for their fee upfront, as the case progresses or if the case fails.

In successful cases, your solicitor will deduct an agreed percentage of your compensation as their success fee. The size of the percentage has a legal limit and means that you will keep the majority of the compensation.

Call an advisor today to find out if you can work with one of our solicitors. They can answer questions such as ‘Can I claim if I fall in the street?’ We offer a free case assessment of all potential claims.

Talk To Our Team About A Claim If you Fall In The Street

Talk to our team today about your fall injury and how it happened. They might be able to connect you with one of our No Win No Fee solicitors who can support throughout the whole claiming process. So, for a free consultation of your potential case, please get in touch via the details below:

A solicitor answering the question 'can I claim if I fall in the street?'

Get Further Advice On Public Accident Claims

Here are some of our related guides:

  • Find out what the pavement trip hazard height is in the UK and when you can claim compensation for a public place accident on the pavement.
  • Learn how to make a personal injury claim due to a pothole accident that caused you harm.
  • Discover how to best prove liability in a slip and fall claim and whether you could be eligible to claim against the local authority/local council or another third party.

Alternatively, these other pages might be of use:

Hopefully, this guide has answered the question, “Can I claim if I fall in the street?”. Please do not hesitate to get in touch with us if you need any other information.

Find Out If You Can Claim For An Injury Due To No Eye Protection At Work

In this guide, we discuss when you could be eligible to claim for an injury due to no eye protection at work. Employers must provide personal protective equipment (PPE), such as goggles, to minimise the risk of injury where the risk cannot be completely removed. Failure to do so is a breach of their duty of care and if this leads to an injury, you could be eligible to claim personal injury compensation.

As we move through our guide, we look at the eligibility criteria that need to be met for you to have valid grounds to pursue compensation, the evidence you could gather to support your case, and how accident at work compensation payouts are calculated in successful eye injury claims.

Furthermore, we discuss the duty of care your employer owes and the legislation they need to adhere to. We also provide examples of how they could breach this duty of care leading to you suffering an eye injury in the workplace.

Finally, we look at how a No Win No Fee solicitor could assist you with claiming compensation without requiring an upfront or ongoing fee for their services.

If you have any other questions about accident at work claims, please contact an advisor using the details provided below:

Different types of personal protective equipment, such as eye protection, a hard hat, and gloves.

Select A Section

  1. How To Claim For An Injury Due To No Eye Protection At Work
  2. How Could No Eye Protection At Work Cause An Eye Injury?
  3. Evidence Supporting Workplace Injury Claims
  4. How Much Can You Claim For An Eye Injury At Work?
  5. How No Win No Fee Solicitors Could Help You Claim For An Injury Due To No Eye Protection At Work
  6. Discover More About Claiming For Workplace Injuries

How To Claim For An Injury Due To No Eye Protection At Work

Employers owe a duty of care to take reasonable and practicable steps to prevent you from becoming harmed in the workplace and as you carry out your work-related duties. This duty is laid out in the Health and Safety at Work etc. Act 1974. Some ways they can uphold this duty include:

  • Providing adequate training to employees
  • Carrying out regular risk assessments and addressing any hazards they become aware of

Furthermore, Regulation 4 of the Personal Protective Equipment at Work Regulations 1992 places a duty on employers to ensure that suitable personal protective equipment (PPE) is provided to employees whose health and safety may be at risk while they work. However, PPE is intended as a last resort. As such, if the risk has been adequately controlled through other means that are equally or more effective, an employer may not be required to provide PPE. This means that if your employer provided no eye protection at work, it may not always mean you’re eligible to claim compensation.

In order to claim compensation for an eye injury at work, you need to prove the following:

  • You were owed a duty of care by your employer at the time and place of the accident.
  • This duty was breached.
  • You sustained an injury as a result.

You could make a personal injury claim for minor eye injuries to injuries that cause a loss of sight. To find out if you have an eligible claim for workplace eye injuries, simply call our team for free advice.

 Time Limits For Personal Injury Claims

In addition to meeting the eligibility requirements above, you also need to start your claim within the relevant time limits for personal injury claims. As per the Limitation Act 1980, you generally have three years from the date of the accident to start legal proceedings.

There are some exceptions that could apply, such as if the injured person is under the age of 18 or if the claimant has a reduced mental capacity. You can learn more about these exceptions by calling an advisor on the number above. They can also answer any other questions about accident at work claims that you have.

How Could No Eye Protection At Work Cause An Eye Injury?

If no eye protection at work is provided when it’s necessary to minimise the risk of injury, it could lead to you becoming harmed. For example:

  • You could suffer a chemical burn around the eye or complete loss of vision due to hazardous chemicals splashing into your eyes.
  • You could suffer a corneal abrasion, which is a small scratch on the surface of the eye, causing temporary loss of sight in one eye due to sawdust getting in your eyes on a construction site.
  • You could lose one eye due to a penetrating injury caused by glass or other particles being flung around when using power tools.

As mentioned, in order to claim for an eye injury at work after you weren’t provided PPE, you need to prove the injury happened because your employer breached their duty of care.

To discuss your specific case and learn if you are eligible to make a compensation claim, call an advisor at the number above.

A construction worker with a bandage over their eye.

Evidence Supporting Workplace Injury Claims

In order to prove your workplace injury claim, you should collect as much evidence as possible to prove employer negligence occurred. Evidence can also help demonstrate how your eye injury has affected you.

Examples of the evidence you could gather include:

  • CCTV footage of the accident taking place or photographs of the accident scene and injury.
  • A copy of the incident report from the accident at work book, if applicable.
  • A diary of your treatment and symptoms. This can be particularly important to illustrate your physical and mental state after the accident.
  • Copies of your medical records, such as scans and test results as well as doctor reports to show any medical treatment you received and the diagnosis given.
  • The contact details of any witnesses. During the claims process, any potential witnesses could be asked to give an account of how the accident occurred.

If you’re eligible, you could instruct a personal injury solicitor to represent you. They can help you gather evidence to support your case and ensure your claim is brought forward within the correct time limit.

To find out whether one of our accident at work solicitors could help you claim for an injury due to no eye protection at work, call our team on the number above.

How Much Can You Claim For An Eye Injury At Work?

After a successful eye injury claim, you could be awarded a payout comprising up to two heads of loss. The first is called general damages, which compensates for physical pain, functional or cosmetic disability and mental suffering. Compensation can be sought for a physical and/or psychological injury. 

When valuing general damages, reference can be made to the guideline compensation brackets listed in the Judicial College Guidelines (JCG). This document can be referred to alongside any medical evidence provided in support of your case.

The table below contains figures from the JCG that correspond to different types of injuries. Please note, the top entry is not from the JCG. You should also only use these figures as a guide because settlements can vary depending on the unique circumstances of your case.

Injury TypeSeverityNotesCompensation Brackets - Guidelines
Multiple Serious Injuries with Financial LossSeriousA payout addressing the pain and suffering of multiple serious injuries alongside monetary damage caused, such as lost income, medical bills, and care costs.Up to £1,000,000+
EyeComplete BlindnessTotal loss of sight in both eyes.In the region of
£268,720
Sight Loss in One Eye with Reduced Vision in the Remaining Eye (i)Serious risk of further deterioration in the remaining eye. This goes beyond some risk of sympathetic ophthalmia. £95,990 to £179,770
Sight Loss in One Eye with Reduced Vision in the Remaining Eye (ii)Reduced vision in the remaining eye with or without additional problems, like double vision.£63,950 to £105,990
Loss of One EyeThe award given will depend on age, psychiatric impact, and cosmetic effect.£54,830 to £65,710
Loss of Sight in One EyeThe award will take some risk of sympathetic ophthalmia into account. £49,270 to £54,830
Serious but Incomplete Loss of Vision in One EyeThere is no significant risk of loss of or reduced vision in the remaining eye. £23,680 to £39,340
Minor but Permanent Vision Impairment in One or Both EyesCases may include some double vision which isn't constant.£9,110 to £20,980
MinorMinor eye injuries, such as being struck in the eye or being splashed with liquids. There is initial pain and some vision interference but this is temporary.£3,950 to £8,730

Examples Of What Special Damages Could Be Awarded For

You could also be awarded compensation for any financial losses incurred due to your injuries under special damages. This is the second head of loss that could make up your overall settlement. Examples of the costs you could claim back include:

  •  Loss of earnings for time taken off work
  • Travel costs
  • Care costs
  • Medical expenses

You need to provide evidence of these losses in order to claim them back. As such, you should keep hold of any receipts, payslips, and invoices.

For further guidance on how much compensation you could potentially be awarded following a successful accident at work claim, call our team on the number above.

How No Win No Fee Solicitors Could Help You Claim For An Injury Due To No Eye Protection At Work

If you get in touch with our team, they can assess your case for free and if they find you have a valid claim, they may be able to connect you with one of our experienced accident at work solicitors. Our solicitors can represent you under No Win No Fee terms. This means they can offer a Conditional Fee Agreement which allows you to access their services without having to pay upfront or as your claim proceeds. Additionally, if your claim fails, you won’t pay for their services.

If your claim succeeds, you will pay your solicitor a success fee from your compensation. This success fee is deducted as a percentage which has a legal cap. The cap allows you to keep the majority of your awarded settlement.

Discuss Your Case With An Expert

For further guidance on starting a claim for an injury due to no eye protection at work, please contact our team for free legal advice. They are available 24/7 to answer your questions. To reach out, you can:

A solicitor handling a claim for an injury due to no eye protection at work.

Discover More About Claiming For Workplace Injuries

Below, we have provided some more of our helpful workplace accident claims guides:

Additionally, we have provided some external resources: 

Thank you for reading our guide on when you could claim for an injury due to no eye protection at work. If you have any other questions, call an advisor using the details provided above.