Council Or Local Authority Claims Guide – How To Claim Compensation Against The Council? – Calculate Amounts

By Marianne Bowen. Last Updated 9th March 2022. If you have been injured following an accident that occurred through no fault of your own then you may wish to establish liability for your accident and make a compensation claim. If it is found that your local council were responsible for your claim due to negligence then you can make a council accident claim. Advice can help you to make that claim with the aim to successfully win the compensation you deserve. Please feel free to call us on 0161 696 9685 to find out more. Read on to find out more about what could be a legitimate council accident claim.

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A Guide To Local Authority And Council Accident Claims

Council Compensation Claims

Council Compensation Claims Guide

Your local authority are responsible for a large amount of your local area. Most public spaces are looked after and maintained by the council. Therefore if you suffer an injury in a public space, then you may find that the council can be held responsible. Whilst councils are under pressure financially, they still have a duty to maintain local areas to a certain standard and to repair any unsafe areas or equipment within a set timeframe. If you’ve had an accident tripping over a pavement, had a car accident resulting from a deep pothole or have sustained an injury due to a playground accident then you may be able to make a claim against the council due to poor maintenance and negligence. This list is not exhaustive and if you have been harmed through no fault of your own whilst on council maintained property or premises including schools and libraries then a personal injury lawyer can help you to establish liability and receive the compensation that you are entitled to. Please read on to find out more about council accident claims and how to make them.

Road Traffic Accident Statistics

There are no statistics about all council accidents in general, however, we can look at the different contributing factors of many road traffic accidents. Please note the contributing factors don’t specifically include council negligence.

The Department for Transport manage the transport systems around the UK. They also collate statistics on road traffic accidents.

From these statistics on contributory factors reported by the police, we can see that, in 2020, poor or defective road surfaces caused 8 fatalities, 156 serious accidents and 260 slight accidents. Inadequate signs or road markings caused 3 accidental deaths, 52 serious accidents and 160 slight accidents. And defective traffic signals resulted in 13 serious accidents and 85 slight accidents.

The local council could be held liable for these accidents if they were responsible for the quality of the roads and road signage where your accident happened. For more information on how to claim against the council for a road traffic accident, get in touch today.

Local Authority And Council Compensation Payouts

It isn’t usually useful to look at a personal injury claims calculator to make an estimate of the compensation you may be able to expect to receive. A calculator is only a rough guide and a personal injury specialist will be able to give you a more accurate idea about the damages you may receive for your specific injuries. Below is information provided by the Judicial College in order to give guide amounts for specific injuries, but these are only guides.

Type of injuryInformationCompensation award
Severe neck injuryIncomplete paraplegia or permanent spastic quadriparesisAround £130,060
Moderate neck injurySevere dislocations or fractures limiting the individuals ability to carry out normal activities.£21,910 to £33,750
Minor neck injuryEg. Minor soft tissue injuries£6,920 to £12,050
Severe back injurySpinal cord and nerve damage£79,890 to £141,150
Moderate back injuryCoukd involve compression or crush fractures of vertebrae with future osteoarthritis and ongoing pain£24,340 to £34,000
Minor back injurySprains and soft tissue injuries with full recovery expected within two years.£2,150 to £6,920
Serious shoulder injuryDamage to the brachial plexus and ongoing disability£11,200 to £16,830
Moderate shoulder injuryNon permanent Soft tissue injuries but lasting for up to 2 years.£6,920 to £11,200
Minor shoulder injuryPainful soft tissue injuries but full recovery in less than two years£3,810 to £6,920
Serious leg injuryLong term disability£34,370 to £48,080
Moderate leg injuryChronic pain£24,340 to £34,370
Severe head injuryBrain damage and permanent disability£192,090 - £247, 280
Moderate head injuryChange in cognitive function£13,430 - £37,760

What Can My Council Accident Claim Compensate Me For?

Following a claim, you will usually be eligible to receive a number of different types of damages to compensate you for the injury you have sustained. This will include general damages which compensates you for the pain and suffering you have experienced following your injury.

Additionally, you may receive special damages which can include compensation for loss of earnings, care costs that have accrued if you have been dependent on another individual for help around the home, as well as compensation for any specific damage to your property.

You can also claim back any medical or travel expenses that you have incurred as a result of your injury. This can include travel to and from hospital appointments and medical costs involved in either your treatment or rehabilitation following your injury. Be sure to keep hold of receipts to prove your expenses.

How Long Do You Have To Claim Against Your Local Council For Accident Compensation?

In general, you have three years following the date of your accident to make a personal injury claim. However, the rules regarding personal injury claim time limits are not set in stone as some conditions are not linked to an accident until perhaps some time after the incident has occurred. Your time frame may alter depending on the circumstances of your case. This table sets out the personal injury time limit for different types of personal injury claims. Be aware that in certain circumstances, your time limit might be different. We can give you advice on this.

Claims TypeTime Limit
Road traffic accident3 years from the date of the accident.
Slips, trips and falls3 years from the date of injury.
Compensation following deathA family member can claim within 3 years of the death.
A child's injuryIf a parent does not claim on behalf of a child whilst they are under 18, then a claimant has 3 years from the date of their 18th birthday to launch a case.

What Are Compensation Claims Against A Council?

If you have suffered an injury that was caused by something that was not your fault then you can usually make a claim. If the accident occurred due to the negligence of the local council then you can make a claim against your local authority. The most common council accident claims involve the inadequate maintenance of pavements and roads.

In order to make a compensation claim against the council for personal injury, you must be able to prove negligence. If it can be shown that the council was unable to do anything to prevent the accident from happening then you have less chance of successfully winning your claim. A personal injury solicitor is best placed to advise you on whether or not you can make a claim against your local council for accident compensation.

Contact Advice today for more information. Our advisors can offer free legal guidance about your council compensation claim, and can connect you with an expert solicitor from our panel.

What Injuries Could Be Caused When The Council Is Negligent?

Your local council is responsible for a huge amount of your local area including roads, pavements, parks, libraries and schools. A wide variety of injuries could potentially be sustained throughout all of these council run areas but the most common council accident claims include the following:

  • Work-related injuries – If whilst working for the council you sustain an injury then you may be able to make a claim as an employee. This could include a manual handling injury such as back pain or an injury sustained whilst using dangerous equipment that you have not been properly trained to use. This list is by no means exhaustive and if you are a council employee who has been harmed at work then you may have a claim.
  • Slips and falls – Slips trips and falls commonly occur when a pavement has been poorly maintained. Uneven paving slabs present a common tripping hazard that can result in injuries such as sprains, fractures and even broken bones. Maintenance works also present a risk of personal harm, particularly if the council have failed to provide adequate signs to warn of the danger.
  • Road traffic accidents – If you have been involved in a road traffic accident that was caused by the negligence of the council then you may be able to make a council compensation claim. Examples of this include a whiplash injury caused by a pothole in the road or injuries sustained following a collision that was caused due to a faulty traffic light system.

It is the responsibility of the council to maintain any equipment located in a public space such as play park equipment and school facilities. If a child were to fall and sustain a head injury as a result of poorly maintained playground equipment then you may be eligible to receive a council compensation payout.

Pavement Accident Claims Against The Council

The council have specific responsibilities when it comes to the maintenance of roads and pavements. If it can be proved that you tripped on an uneven paving slab then you also need to show that the paving slab was protruding by over 1 inch. Equally, any injury relating to a pothole will usually only be viable if that pothole has a depth of 40 mm or more. Damaged kerbs are also a common cause of injury that pedestrians can trip on as they are crossing the road. The danger to pedestrians is very real and can be serious, particularly if it occurs on a busy road.

Bad weather and ice can create cracks in roads and pavements and exacerbate the risk of existing hazards. Tree roots are also a common cause of trips and falls. Despite the local authorities’ best intentions, if they fail to repair a pavement within a reasonable time frame and an individual is injured as a result then you will have an excellent case to make a pavement accident claim against them.

Council Employee Accident At Work Claims

If you work for the council and are injured whilst at work then your personal injury claim will be against your employer for their negligence or failure to keep you safe. You will of course still need to prove that negligence occurred and that you were injured through no fault of your own.

If, for example, your injury happened because you knowingly used equipment inappropriately or fell over because you were leaning too far back on your chair then you are unlikely to make a successful claim against the council as you failed to observe health and safety recommendations.

However, if you were injured by equipment because you had inadequate training on how to use it properly then you are likely to have a legitimate council accident claim. Other examples include the failure of the council to provide appropriate personal protective equipment for the job you are doing, failing to put appropriate health and safety measures in place for manual handling or exposing employees to harmful substances.

As a council employee, the process of making a claim is the same as that of an employee of a private company. Whoever your employer is, they have the responsibility to safeguard the health and safety of their workers.

This may seem complex and you may be unsure how to begin proving negligence. That is why we strongly recommend that you contact a personal injury lawyer at your earliest convenience. They will be able to offer personal injury claims advice and will help you to successfully launch and win your claim for compensation.

What Steps Should You Take If You Have An Accident Caused By A Local Authority?

If you are unlucky enough to be injured and wish to make a claim against your local authority then we recommend that you follow the compensation guidelines for personal injury.

The key to a successful compensation claim is having enough evidence to prove your case. You can begin collecting this evidence as soon as the incident has happened. The sooner you can begin to gather evidence, the stronger your case will be.

If you are able to, try to take a photograph of the scene after your incident has occurred. You should also get the details of any witnesses who saw the accident happen. Your personal injury solicitor may wish to contact them at a later date.

Try to write down exactly what happened in your own words soon after the incident occurred. This will enable you to recall the specific details whilst they are fresh in your mind.

Perhaps most importantly, you should seek medical advice very quickly. Not only will this ensure that you receive appropriate treatment for your injuries, but it will also be a useful source of evidence. Your personal injury lawyer will need to see a copy of your medical records to find out the specific details of your injuries.

The next step you should take is to contact a personal injury solicitor. Advice offer a brilliant starting point for your council accident claim. Although you will usually have a 3-year personal injury claims time limit, the sooner you bring your case, the stronger your chance will be of winning as all the evidence is fresh.

Advice can put you in touch with a solicitor from our panel who covers your area. The solicitor will take you through the process and help you to understand the next steps. They will then begin to look at all the available evidence which may include CCTV footage and further medical examinations.

Get in touch with us at any time, and our advisors can explain more about how local authority negligence solicitors could help you claim.

How Is The Severity Of Your Injuries Judged?

The compensation payout that you are eligible to receive will depend strongly on the severity of your injuries. This is one of the reasons that your personal injury solicitor will often require that you have additional medical examinations as the details of your injuries are crucial to the strength of your case. Your injuries will be categorised as minor, moderate or severe. Here are some examples of these categories:

  • Minor injuries usually involve soft tissue injuries and pain in a joint which can restrict movement. Although uncomfortable, these injuries usually have only a short term impact and will resolve completely. Minor injuries usually have the smallest payouts.
  • A moderate injury will have a longer-term impact which can include chronic pain or mobility issues or a complete loss of function in one of your limbs. You will often have a larger payout for a moderate injury but a clinician tends to expect that a moderate injury will either resolve or get much better over time with the appropriate treatment.
  • Severe injuries are life-changing injuries such as complete paralysis, loss of sight or amputation of a limb. This type of injury will have a long-term impact requiring ongoing treatment and care. You will receive the largest payouts for a severe injury.

How Do I Make A Local Authority Or Council Accident Claim?

If you choose to use Advice then the process of making a council accident claim will be straightforward. Our organisation will provide all the support you need to ensure a smooth claims process. We offer free legal advice to help you to decide whether or not to proceed with your claim. If you decide to go ahead then we will put you in touch with an expert lawyer from our panel. We will then do everything we can to achieve the maximum compensation that you deserve.

No Win No Fee Local Authority And Council Accident Compensation Claims

No Win No Fee Council Claims Guide

No Win No Fee Council Claims Guide

Our No Win No Fee agreements mean that you can make your claim without any financial risk to yourself as you are not required to pay anything if you lose. With No Win No Fee, no payments are required upfront. If you are successful in winning compensation then our fee will be taken from your final payout. There are no hidden costs. A No Win No Fee claim means that you can confidently go ahead and seek the compensation that you deserve without the worry or hassle of any financial burden.

Why Contact Us About Claiming Compensation From The Council?

Advice are experts in personal injury claims. Our panel includes a range of fully qualified local authority negligence solicitors with many years of experience between them. Our success rate is excellent and as such we have gained a reputation that we are proud of.

We offer a client-focused service that places our customers at the heart of our business. Our advisors are always friendly and helpful and are always on hand to advise you on any aspect of your personal injury case. We seek to reduce any stress or burden on our clients whilst making it our aim to keep them as fully informed about the progress of their case as possible. We don’t want our clients to feel worried or intimidated as we understand that they are already experiencing physical and emotional trauma. We offer a supportive and professional service that seeks to achieve the maximum possible compensation for each and every one of our clients.

How To Contact Us

We are personal injury specialists who can help clients throughout the United Kingdom on a No Win No Fee basis. Please speak to us today and find out what we can do to help you. Our phone number is 0161 696 9685or you are welcome to contact us via our online form and we will get back to you. You are under no obligation to proceed if you seek our free legal advice prior to making a claim.

More Advice For Victims Of Council Accidents

GOV on Pavement Injuries – Here’s what the government have to say about injuries on the pavement.

Government services – HSE information – Here is some information provided by the HSE on local government.

Reporting incidents – HSE – Information about work accident reporting.

Report a pothole – if you have had an accident due to a council or local authority pothole report it here.

Accident at a Leisure Centre Claims – If you’ve been injured in an accident at a leisure centre, read our guide to find out how you could claim compensation.

PTSD Compensation Claims Guide – Find out here how you could claim compensation for post traumatic stress disorder.

How Long Does it Take for a CICA Claim to Come Through? – Learn from this guide how long a CICA claim could take.

A Guide To Concussion Compensation Claims – Learn how you may be able to claim compensation for a concussion injury.

How to Claim Compensation for a Dog Bite – If you’ve been injured in a dog attack, find out here how you could claim.

£16,000 Compensation Payout For A Slipped Disc Injury – Read this article to see how much you could claim for a slipped disc injury.

What Is The Legal Height Of A Trip Hazard UK? – Read this page to learn what the legal height of a trip hazard is and how you may be able to claim compensation.

Please get in touch at any time if you have any further questions about council compensation claims.