By Stephen Bishop. Last Updated 27th September 2024. Compensation claims against the council can be made in a variety of different circumstances. A given council, depending on the type of council, will have responsibilities for local matters such as road maintenance, health and social care and housing. In this guide we look when you could sue the council for failing to uphold their duty of care.
You’ll see information on the eligibility criteria, the laws governing council obligations and how you can prove that the council’s action caused your injuries. We have also provided an explanation of how council compensation payouts are calculated under the two heads of loss.
At the bottom of the guide, we have provided a short explanation of how our panel of expert personal injury solicitors could help you get compensation, and what benefits starting your claim under the specific No Win No Fe contract they can offer will bring.
To find out more about suing the council, or for a free assessment of your eligibility, talk to our team today using the contact information provided here:
- Call us on 0333 000 0729
- Complete our online enquiry form, and a member of the team will be in touch.
- Open the live chat window on your screen now.
Jump to a Section
- Eligibility Criteria For Compensation Claims Against A Council
- What Evidence Do You Need To Make Compensation Claims Against The Council?
- Claims Against Local Authorities – Time Limits
- Compensation For Claims Against The Council
- Suing The Council With A No Win No Fee Solicitor
- Contact Legal Helpline today for free advice
- Useful Links
Eligibility Criteria For Compensation Claims Against A Council
When you are in public spaces, including council property, the controller of the space or the occupier owes you a duty of care.
This means that in council-controlled spaces, they should ensure your reasonable safety while you are on their property per the Occupiers’ Liability Act 1957. Council-controlled spaces could include parks, roads, libraries, and other public spaces.
However, compensation claims against the council must satisfy specific eligibility criteria. This means that in order to bring forward a personal injury claim against the council, you will need to demonstrate the following:
- The council owed you a duty of care.
- There was a breach of this duty.
- Your injuries were caused by a breach of this duty. These injuries could be physical, mental or both.
If you would like to discuss the incident that resulted in your injuries and find out if you are eligible to make a claim against the council, get in touch with a member of our advisory team.
What Evidence Do You Need To Make Compensation Claims Against The Council?
You may be wondering how to sue a council for injuries and what proof you need to provide to support a claim. You will need to submit evidence that proves that a council breached the duty of care they owed you and this caused your injuries.
Evidence that could be helpful in compensation claims against a council includes:
- Witness contact details – If anyone saw the accident on council property that hurt you, then you could potentially note their contact details so they can provide a statement later to support your case.
- Medical records – Your medical records can confirm the injuries you’ve received treatment for due to your accident on council property. Additionally, you may be invited to an independent medical assessment. This can provide more information on the severity of your injuries and what impact it is expected to have on your life.
- Footage of your accident – For example, if CCTV footage showing your accident is available, then this could be included as evidence.
- Photographs from the accident scene – For example, if broken pavement caused you to suffer an injury in a slip, trip or fall accident, then you could photograph this pavement as well as visible symptoms of your injuries.
For more advice on suing the council for injuries and what evidence could support your council compensation claim, please call our advisors for free today.
Claims Against Local Authorities – Time Limits
In order to claim any kind of council compensation payouts in the UK, it’s important that you start your claim within the relevant time limit. Generally, when you’re making a personal injury claim, you will need to start proceedings within three years of the accident. This is set out in the Limitation Act 1980.
However, there are some exceptions to this rule. For example, if you were injured while under the age of eighteen, you’ll have three years from your eighteenth birthday to make a claim. This is because minors cannot claim for themselves. However, a litigation friend can claim on your behalf at any time up until you turn 18.
For those that lack the mental capacity to make their own claim, the time limit is suspended. A litigation friend can make a claim on their behalf at any time during this suspension. If the person recovers the needed capacity, then the three-year time limit is reinstated on the date of their recovery.
To find out if you are within the right time limit, contact our team of helpful advisors today. Or, read on to find out more about making a compensation claim.
Compensation For Claims Against The Council
If you are successful in suing the council for injuries you’ve suffered, then the compensation you receive will include general damages. The pain and suffering you’ve experienced due to your injuries will be compensated under this heading.
Those who value council compensation payouts for general damages may check the Judicial College Guidelines (JCG) for help. This document includes guideline compensation brackets for a wide range of physical and psychological injuries. You can view some of the JCG figures for certain injuries in the table below. Please note that the table is for guidance only, and the first entry is not based on the JCG.
| Injury Type | Severity | Description | Guideline Amount |
|---|---|---|---|
| Multiple Serious Injuries and Special Damages | Very Serious | Settlements may include compensation for multiple severe injuries and incurred costs, including lost wages and healthcare expenses. | Up to £500,000+ |
| Back Injury | Severe (i) | Damage to the nerve roots or spinal cord which result in severe consequences. | £111,150 to £196,450 |
| Foot Injury | Severe | Fractures to both heels or feet causing permanent pain and a significant restriction on mobility. | £51,220 to £85,460 |
| Ankle Injury | Very Severe | A transmalleolar fracture of the ankle with soft-tissue damage that is extensive. This results in a deformity and may require the leg to be amputated in the future. | £61,090 to £85,070 |
| Wrist Injury | Complete Loss of Function | The wrist completely looses its function, e.g. due to an arthrodesis being performed. | £58,710 to £73,050 |
| Shoulder Injury | Severe | This injury often involves damage to the brachial plexus and could cause serious arm and neck symptoms. | £23,430 to £58,610 |
| Injury to the Pelvis and/or Hips | Moderate (i) | Significant hip or pelvis injury that does not create any major permanent disability. | £32,450 to £47,810 |
| Neck Injury | Moderate (i) | Dislocations and fractures that cause immediate symptoms that are severe in nature. | £30,500 to £46,970 |
| Neck Injury | Moderate (iii) | Injuries that have exacerbated a pre-existing condition by less than five years. | £9,630 to £16,770 |
Suing The Council – Can I Claim Special Damages?
When claiming personal injury compensation from a council, your payout may potentially also include special damages. This can cover financial losses or expenses which are directly related to the injuries you’re claiming for. We have provided some possible costs that could be reimbursed as part of your claim here:
- Loss of earnings if you’ve taken unpaid time off work to recover from your injuries.
- The cost of home care or home adaptations that may have been required during your recovery.
- Travel costs paid towards attending medical appointments. Examples may include taxi fares or bus tickets.
To claim special damages, you will need to provide certain documents as evidence, such as wage slips, receipts or bank statements.
Contact our team of advisors for free today if you would like to ask questions about council compensation payouts in the UK or if you have other related questions such as how to sue the council when you have a valid case.
Suing The Council With A No Win No Fee Solicitor
Taking legal action against a local council can seem daunting, but a solicitor can help explain the process to you. One of the solicitors on our panel could help you with your case as they have experience with claims against local authorities. Additionally, if you have a valid claim, they may offer to represent you on a No Win No Fee basis with a Conditional Fee Agreement (CFA).
When working with a solicitor under this arrangement, you will not have to pay them any upfront or ongoing fees for their services. Furthermore, if your claim fails, you won’t have to pay them anything for the work they provided on your case.
Should the claim be a success however, the solicitor will take a percentage of your compensation as a success fee. Since this percentage is capped by law, you will keep most of any compensation payout that you receive.
Our advisors are on hand to answer any questions you may have about council compensation payouts and working with a solicitor. Get in touch today to learn more about suing the council for negligence with the support of one of the No Win No Fee solicitors from our panel. In addition to free legal advice, a member of our advisory team can discuss the injuries caused by your local council failing to ensure your reasonable safety.
By contacting Legal Helpline today, you are taking your first positive step to a successful compensation claim against the council. Just call us on 0333 000 0729 and we will do our very best to help and advise you on the best possible route of making your claim for council compensation.
Useful Links
- Work accident claims: Are you a council or local authority employee and have been injured while at work? The link below details the process of making a work accident claim.
- Claims In A Public Park: The council may be responsible for your safety in a public park.
- Child Accident Claims: Find out how claims involving an injured child can differ.
- NHS Conditions: Visit the NHS website for any medical advice.
- Compensation After An Accident Or Injury: See this government guide on claiming compensation following an accident.
- Claims For Anxiety Caused By A Car Accident: If the council is responsible for your injuries by way of not ensuring their roads are properly maintained, you may be able to claim against them for anxiety and other psychological impacts.
- Example Council Compensation Payouts; This article shows an example case study of just one possible instance regarding how much a claim against the council could be worth.
- Carbon Monoxide Poisoning Compensation Claims: If you live in council housing or are in a building owned by them and suffered a carbon monoxide poisoning read this guide.
Thanks for reading our guide on compensation claims against the council.
