By Stephen Hudson. Last Updated 23rd September 2024. In this guide, we’ll explain council and local authority compensation claims and payouts. If you have questions about filing a claim against the council for an injury, this guide details everything you should know. And if you want to take legal action, our No Win No Fee solicitors can help.
Under personal injury law, our local councils have a duty of care to take reasonable actions to keep us safe when on the roads, pavements, leisure centres and other public places that they are in control of.
However, that duty can be breached. If you’re injured as a result of such a breach, you may have grounds to claim compensation from the local council/authority responsible.
To speak to an advisor about claims against a council, you are welcome to contact our team online or on the phone. If our advisors determine you have a strong case, they may be able to connect you with our No Win No Fee solicitors for support. To get free legal advice from us, you can contact us through the following methods:
- Call us on 0800 073 8804
- Use our claim online form to tell us about your local authority claim
- Or chat with us now using the live chat function on your screen
To learn more about council compensation claims, please keep reading. You can also watch our video which gives you the key points from the guide:
Browse Our Guide
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- What Are The Eligibility Criteria For Council And Local Authority Compensation Claims?
- Making A Claim Against The Council For An Injury
- Examples Of Council Compensation Claims
- What Evidence Is Needed To Support Council And Local Authority Compensation Claims?
- Local Authority And Council Compensation Payouts
- Make A Claim Against The Council With Our No Win No Fee Solicitors
What Are The Eligibility Criteria For Council And Local Authority Compensation Claims?
A duty of care is a legal responsibility for someone else’s health and safety. Who owes you a duty of care and the steps that they are required to take varies depending on what circumstances you’re in.
For example, if you are a council employee, then the duty of care owed to you is outlined by the Health and Safety at Work etc. Act 1974 (HASAWA), whereas the council’s duty of care to the general public is outlined by the Occupiers’ Liability Act 1957 (OLA). We’ll discuss each of these later on in the article.
To pursue a civil claim against the council, your case must meet the eligibility criteria. This means that you have to be able to prove that:
- The council failed to uphold their duty of care.
- This failure caused your accident.
- You were injured as a result.
For more information on suing the council, contact our team of advisors today. Or, read on to learn more about council compensation payouts.
Time Limits For Claims Against The Council
To be able to successfully sue a council for negligence, you will need to start your claim within the time limit for personal injury claims.
This time limit is generally three years from the date of the accident. As some injuries may not be immediately apparent or can develop over time, your time limit can also begin on the date you became aware of your injuries. This will usually be the date you were medically diagnosed and became aware of the relation your injuries have to your accident. This comes from the Limitation Act 1980.
The three year time limit will not apply to you if you:
- Were under the age of 18 at the time of your accident: in this case, your time limit will begin on your 18th
- Lacked mental capacity at any point within the three years: in this case, the time in which you were lacking capacity will not be counted against your time limit.
In both situations, a litigation friend could help you by suing the council for negligence on your behalf before you are eligible yourself. Please reach out to an advisor to see if you are within your time limit or see if you are eligible for an exception.
Examples Of Council Compensation Claims
Council and local authority compensation claims can come about for many different reasons. All of the below examples could lead to a person who suffered injuries in an accident suing the council for negligence:
- The council were notified about a significantly uneven pavement that people had tripped on but failed to act within a reasonable timeframe. While the problem was left unsolved, a person sustained a badly sprained ankle by tripping on the pavement.
- A cyclist chose to sue the local authority for a road traffic accident because a pothole that the council failed to address caused a bicycle crash in which they suffered a serious neck injury and concussion.
- Poorly maintained equipment in a council-owned gym collapses and breaks a visitor’s arm. The visitor makes a public liability claim against the council because of the injury and its long-term impact on their ability to exercise.
Can you sue the council for negligence? If your experience sounds something like the cases above, you might be able to. Just call now to learn more about personal injury claims and ask for a free claim assessment.
What Evidence Is Needed To Support Council And Local Authority Compensation Claims?
One of the most important steps in the council and local authority compensation claims process is collecting evidence. This should be able to help you prove how severe your injuries are, how they’ve affected your life, and who is responsible.
Some examples of evidence that you could use when suing the council might include:
- Photographs of your injuries or of the accident site, like a picture of an uneven pavement.
- Footage of the accident if it was caught on a CCTV system.
- The contact details of potential witnesses so that their statements can be taken at a later date.
- Medical records, scans, and test results that show how severe your injuries are.
- Financial records, such as bank statements and invoices, that show the financial losses caused by your injuries.
Our solicitors are experts when it comes to council negligence cases, and can help you collect evidence to help you make a personal injury claim. get in touch with our team today to learn more.
Local Authority And Council Compensation Payouts
Now that you know more about how to sue the council, you might be wondering how much compensation you could receive for a successful claim. This can be a difficult question to answer because council compensation payouts can vary from case to case.
While we can’t tell you exactly how much you could get for suing the council, we can give you a bit more information on what your compensation could contain.
Usually, a council negligence payout will consist of two heads: general damages and special damages. These cover the different kinds of harm you can sustain.
For example, general damages cover the pain and suffering you endure as a result of your injuries. This heading also covers loss of amenity, which means loss of enjoyment in things like hobbies and time with friends or family.
When this heading of compensation is calculated, the Judicial College Guidelines (JCG) can be used as a point of reference. This is a document that provides guideline brackets of compensation for a range of injuries and illnesses.
Compensation Figures
You can take a look at some of these brackets below, but please note that the first entry is not from the JCG, and these amounts aren’t fixed.
- Severe injuries combined with substantial financial losses, which could include the cost of mobility aids, home adjustments, and lost earnings could result in up to £500,000+
- Moderately severe brain damage that causes a severe physical or cognitive disability, with a substance dependence on others and a need for full-time care could result in £267,340 to £344,150
- Severe psychiatric damage that causes marked problems have contributed to the injured person struggling to cope with education, work and life can result in £66,920 to £141,240
- Serious hand injuries that leave the hand at about 50% capacity may result in £35,390 to £75,550
- Significant wrist injuries causing permanent and significant disability where movement of a useful nature still remains £29,900 to £47,810
What Else Can Council Compensation Payouts Include?
You might also be eligible for special damages. Under this heading, you can recoup any financial losses that were caused by your injuries. For example, if you were left unable to work because of your injuries, special damages could cover your lost earnings.
This heading can also help cover the cost of:
- Prescriptions.
- Travel.
- Mobility aids.
- Childcare.
- Help with cleaning and cooking.
However, in order to claim under this heading, you need to be able to prove your losses. Because of this, it can be helpful to keep any bills, invoices or receipts that are related to them.
If you’d like to learn more about council negligence compensation, get in touch with our team of advisors today.
Make A Claim Against The Council With Our No Win No Fee Solicitors
Now that you have more information on how to sue the council, you may be wondering how a solicitor could help you through the council compensation claims process. There are many benefits to working with a solicitor; For example, they can help you strengthen and support your case by gathering evidence, taking witness statements, and ensuring that all areas of your claim are covered.
Our solicitors offer their services under a kind of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA). When you enter into this kind of agreement, you aren’t required to pay any upfront fees in order for your solicitor to begin work on your case. Furthermore, you do not need to pay them for their services if your claim fails.
If your claim succeeds, your solicitor will deduct a success fee from your compensation award. This fee is a small percentage which is legally capped.
To find out if you could be eligible to work with one of our solicitors, or to learn more about compensation claims against local councils, contact us today:
- Call us on 0800 073 8804
- Contact us online
- Use the live chat feature
More Help
- Find out how a solicitor could help you make a council housing disrepair claim with our helpful guide.
- Read our guide to learn how to claim for post-traumatic stress disorder and get more help with the claims process.
- Our guide details how you can prove liability in a slip trip or fall claim and offers more information on strengthening a claim for compensation.
Please get in touch if you have any further questions regarding council compensation payouts.
