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Compensation Claims Against the Council
Local councils are responsible for maintaining roads and pavements in their local areas but failing to do this can result in serious injury.
To claim compensation against a council, you must prove that they were negligent and that this directly led to you being injured. You’ll typically have three years to claim and most cases can be handled on a No Win No Fee basis.
Can I sue the council for a personal injury?
Yes, local councils have a legal duty to maintain public areas and keep them safe. This means that they could be held accountable if you’re injured.
We could help you bring a claim against the council if you’ve suffered an injury due to:
Defective roads or pavement
Damaged curbs and broken paving slabs can lead to slips, trips and falls for pedestrians.
Meanwhile, potholes, worn road markings, incorrect signage and broken streetlights can all cause road traffic accidents.
It’s important to note that potholes must be at least 40mm deep and pavement stones have to be sticking up at least one inch for a claim to be made.
Poorly maintained council buildings
If you’ve been hurt in a property run by the council – such as a public library or community centre – you could make a claim.
This might apply if your injury was caused by poor lighting, uneven flooring or broken stairs.
Council house negligence
Faulty electrical appliances, broken roofing tiles, loose guttering, damaged carpets, uncleared gardens and broken banisters can all cause injuries.
If you’ve reported issues to the council that haven’t been addressed, you could have grounds for a claim if someone is hurt.
Unmaintained park or playground equipment
Climbing frames, slides and swings can all become dangerous when they’re not properly maintained.
If your child has been hurt, you could make a claim for them at any point up until their 18th birthday. They’ll then have three years to bring a claim for themselves.
Unsafe school grounds
Local education authorities (LEA) are responsible for maintaining the grounds in and around public schools to keep children safe.
If the LEA failed in their duty of care and your child was injured, we could help you make a school injury claim on their behalf.
How to sue the council for negligence
If you’re considering making an injury claim against your local council, you might be feeling unsure of where to start. It can often help to break the process down into stages:
1. Identify the local authority
Find out which specific council or body is responsible for the area where your accident happened.
2. Gather evidence
If you can, take clear photos of the defect that caused your accident. For pavement or road claims, use a ruler to show the depth of the hole or height of the trip hazard.
3. Report the incident
Create a record of your accident by reporting it. Each council will have a slightly different process for reporting incidents, so it’s best to check their website.
4. Seek medical attention
Even if you think your injuries are minor, it’s always best to be seen by a doctor. Having a medical record of your injuries could also strengthen your claim.
5. Speak to a solicitor
If you’ve been injured due to council negligence, our solicitors could help you build a case for compensation. Get in touch for a free initial chat.
How can First4Lawyers help me claim against a council?
We work with expert solicitors who have years of experience handling personal injury claims against local councils, so you can feel confident that your claim is in the best hands.
Most of the claims we manage are dealt with on a No Win No Fee basis. This means there will be nothing for you to pay upfront and no fees to cover if your case is unsuccessful.
Only pay a fee if you receive compensation
Where we offer No Win No Fee services typically customers pay 25% of the amount recovered to our solicitors, although this may be higher or lower subject to your individual circumstances. Please note this excludes claims for Road Traffic Accidents where customers typically pay 35% + VAT due to changes introduced through the Civil Liability Act 2018.
First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.
Claims against the council FAQs
What is the average payout for a claim against the council?
As with any settlement, council compensation payouts can vary depending on several factors.
Your solicitor will first look at the pain and suffering caused by your injuries when determining how much compensation you should receive. They’ll base this on the Judicial College guidelines – we’ve set out a few of these below:
|
Body Part Affected |
Severity |
Description |
Possible Amount |
|
Arm |
Mild |
Simple fracture of the forearm |
Up to £23,430 |
|
Leg |
Less Serious |
Fractures where an incomplete recovery is made |
Up to £33,880 |
|
Back |
Moderate |
For example, a compression fracture leading to risk of osteoarthritis and constant pain |
Up to £47,320 |
|
Back |
Minor |
When a full recovery is made within three months |
Up to £2,990 |
|
Neck |
Severe |
Injury associated with incomplete paraplegia or leading to little or no movement in the neck and severe headaches |
In the region of £181,020 |
|
Head |
Minor |
Brain damage may not occur or be minimal |
Up to £15,580 |
|
Head |
Very Severe |
Brain damage will be severe and will likely require constant care |
Up to £493,000 |
Your final settlement will also take into account any financial losses related to your injuries. This might include lost earnings for time taken off work, transport costs (to and from medical appointments) and any treatment or medication expenses.
Is there a time limit on suing the council for negligence?
Yes, in most cases there is a three year time limit for making a personal injury claim against the council. This will typically start from the date of your accident or from when you first realised your injury was caused by council negligence – known as the date of knowledge.
There are some exceptions to this time limit, though:
- Claiming for a child
If your child has been injured, the three year time limit won’t begin until their 18th birthday. You can claim at any point until that date. After this, they will have three years to make their own claim.
- Claiming for someone without mental capacity
If the person who was injured lacks the mental capacity to make bring their own claim, there won’t be a time limit. This will usually apply in cases where someone has suffered a head or brain injury.
Seeking legal support sooner rather than later can help you work out where you stand. Our team is here to support you whenever you’re ready.
You can get in touch with us for a free initial chat today by calling the number at the top of the screen or filling in our quick online form.
