This guide discusses the time limit for public liability claims and the eligibility criteria for making a personal injury claim after an accident in public. We look at the general time limit that applies to most personal injury claims and exceptions to this rule.
Additionally, this guide outlines how a value could be assigned to your personal injury claim and highlights the kinds of compensation you could be awarded. Furthermore, we provide examples of the evidence you could supply to support your public liability claim.
A Guide To Time Limits For Public Liability Claims
To conclude, we look at the benefits of appointing a No Win No Fee legal professional should you have an eligible personal injury claim and want legal representation.
To learn more about the time limit for public liability claims and to see if you can work with a solicitor from our panel, contact our team of advisors now. You can contact them by:
- Calling us on 0161 696 9685
- Completing our Contact Us form
- Speaking to us using the live chat feature on our website
Jump To A Section
- Is There A Time Limit For Public Liability Claims?
- What Is The Eligibility Criteria For Making A Public Liability Claim?
- How Much Compensation Could You Receive For An Accident In A Public Place?
- Potential Evidence In Personal Injury Claims
- Use Our Panel Of No Win No Fee Public Liability Claim Lawyers
- Read More About The Time Limit For Public Liability Claims
Is There A Time Limit For Public Liability Claims?
To make a public liability claim, you must adhere to the time limits in the Limitation Act 1980. Normally, you have three years from the accident to begin your public liability claim. However, there are exceptions to this rule.
If you couldn’t have known about your injuries until after the accident, you will have three years to initiate a claim from your date of knowledge. This is when you discovered (or would have been expected to know about) the injuries you suffered were due to negligence.
In addition, if an individual lacks the mental capabilities to act for themselves, the courts could appoint a litigation friend, and the time limit rule would be exempt. Yet, if an individual gained the capacity to claim compensation themselves, and no claim had already started, the general time limit would apply from this date.
Furthermore, if someone under 18 was injured due to negligence, the courts could again appoint a litigation friend to act for them. Alternatively, the claimant could wait for their 18th birthday to claim compensation for themselves, and the time limit would then begin.
To find out more about the time limit for public liability claims and the validity of your case, contact one of our advisors now.
What Is The Eligibility Criteria For Making A Public Liability Claim?
In addition to the time limit for public liability claims, you must satisfy the eligibility criteria. To make a personal injury claim after being injured in a public place accident, you would need to show that:
- A duty of care was owed to you
- This duty of care was breached
- You suffered an injury as a result of this breach
The duty of care owed to you in public places can be found in the Occupiers’ Liability Act 1957 (OLA). OLA states that the person/organisation in control of the public space must ensure your reasonable safety when using the land for its intended permitted purpose.
Therefore, if the controlling party fails to comply with their duty of care and you’re injured as a result, you could make a public liability claim. Below we provide examples of how you might suffer injuries in a public place:
- You could have slipped in a public bathroom, as no wet floor sign was displayed after it was mopped, hurting your back
- You could have tripped on a pavement, as there was a large crack in the paving slabs, fracturing your arm
- Your hand could get trapped in a shopping centre lift when it’s not maintained properly, causing you to suffer a broken index finger from a door injury
If you believe you have solid grounds to make a public liability claim, contact our team of advisors now for a free case assessment.
How Much Compensation Could You Receive For An Accident In A Public Place?
Supposing you satisfy the eligibility criteria, including the time limit for public liability claims, you may want to know what compensation you could receive from a successful case. A successful settlement could include up to two heads of claim.
The first is general damages, compensating you for the pain and suffering you’ve endured due to negligence. The amount you receive would depend on several factors:
- The severity of your injuries and how they have impacted your quality of life
- Any loss of enjoyment you’ve experienced
- The time it will take you to recover
Additionally, the Judicial College Guidelines (JCG) could be used to help work out how much your injuries could be worth. This document provides guideline valuation brackets for different types of injuries. Your medical report could also be requested and compared against the injuries in the JCG.
Due to the uniqueness of each claim, we cannot guarantee the level of compensation you could receive, but below, you will find guidance figures extracted from the JCG for different types of injuries.
Compensation Table
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Neck | Severe (i) | In the region of £148,330 | Fractures or dislocations or severe soft tissue damage, leading to chronic conditions and significant permanent disability. |
| Severe (iii) | £45,470 to £55,990 | Associated with incomplete paraplegia or where despite a person wearing a collar 24 hours a day for a period of years, still has little or no neck movement. | |
| Back | Severe (ii) | £74,160 to £88,430 | Includes nerve root damage, impaired mobility, bladder and bowel function, and unsightly scarring. |
| Moderate (ii) | £12,510 to £27,760 | Disturbance of ligaments and muscle, leading to backache or soft tissue damage. | |
| Arm | Permanent and Substantial Disablement | £39,170 to £59,860 | Including serious fractures to one or both forearms. |
| Simple Fractures | £6,610 to £19,200 | Suffered in the forearm. | |
| Hand | Fracture of Index Finger | £9,110 to £12,240 | Will heal quickly but leave an impaired grip and pain when lifting heavy. |
| Serious Thumb Injury | £12,590 to £16,760 | Includes amputation of the tip, nerve damage and fractures, impairing the individuals grip. | |
| Shoulder | Severe | £19,200 to £48,030 | Linked to neck injuries, involving damage to brachial plexus, resulting in significant disability. |
| Serious | £12,770 to £19,200 | Dislocation of shoulder and damage to lower part of brachial plexus, causing pain and restricted movement. |
Claiming Financial Losses In A Public Injury Claim
The second head of claim you could be awarded is special damages, compensating you for reasonable losses you have incurred due to your injury. To ensure you receive all the compensation you’re entitled to, you should keep any evidence you have.
Such evidence includes:
- Receipts that highlight your medical expenses, required to recover
- Payslips that show the earnings you’ve lost whilst you can’t work
- Bus tickets that prove you took public transport whilst being incapable of driving
Providing you have a valid personal injury claim, a solicitor from our panel could help build your evidence portfolio as part of their service. Contact our team of advisors now to see if you have an eligible public liability claim.
Potential Evidence In Personal Injury Claims
As part of your public liability claim, evidence will be key in proving how the occupier is liable for an accident in which you were injured. Here are types of evidence that you could collect to support your personal injury claim:
- CCTV footage
- Medical Records
- Witness contact details
Contact one of our advisors now to find out if you’re eligible to make a public liability claim. If eligible, you may be able to work with a solicitor from our panel who, as part of their service, could help you gather evidence to support your personal injury claim.
Use Our Panel Of No Win No Fee Public Liability Claim Lawyers
Consider instructing a legal professional under a Conditional Fee Agreement, a type of No Win No Fee Agreement, if you have a valid public liability claim and want expert advice. Not only will appointing a legal professional ensure your case runs smoothly, but this type of agreement means:
- You don’t have to pay any upfront fees to begin working with them
- You won’t have to pay any ongoing fees
- If your claim is unsuccessful, you won’t have to pay for the services you received
- If you win, you will pay a success fee, which is only a small, legally capped percentage of the compensation you’re awarded
What’s more, our panel of solicitors offer this type of agreement and have many years of experience. They also only work with claimants if they feel there is a good chance of success. This means that if you appoint a solicitor from our panel, you can be confident your time will be well spent.
Contact our team of advisors today to discuss the time limit for public liability claims and find out the validity of your case by:
- Calling us on 0161 696 9685
- Completing our Contact Us form
- Speaking to us using the live chat feature on our website
Read More About The Time Limit For Public Liability Claims
We hope this guide answers your questions about the time limit for public liability claims. For more of our helpful articles, look here:
- Find out the time limits to make a personal injury claim after a car accident.
- Here you can see how long you have to make an injury claim after a workplace accident.
- Lastly, the time limitation period for personal injury claims.
For some external resources, look below:
- Information from the NHS about a broken finger
- A Gov.UK Guide about statutory sick pay
- A Guide from the NHS about when to call 999