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By Stephen Bishop. Last Updated 30th May 2024. If you have been injured in a public place as a result of negligence, you may be wondering whether you could make a public liability insurance claim. In this guide, we will explain when you could be eligible to pursue a settlement.
We will touch on the compensation that could be awarded in public liability claims and how they are calculated. We will also discuss how evidence can benefit your claim and how a solicitor from our panel could help you strengthen your case.
For more information on making a public liability insurance claim, contact our advisors. They can offer a free consultation, through which they can evaluate your potential case and also provide free legal advice. If your claim is valid, our advisors may connect you with a solicitor from our panel to work with you through the personal injury claims process. To get started:
- Call on 0333 000 0729
- Contact us online
- Use the live chat feature for instant support
Select A Section
- What Are Public Liability Insurance Claims?
- Who Is Eligible To Make A Public Liability Insurance Claim?
- How To Prove Your Personal Injury Claim
- Calculating Public Liability Injury Claim Compensation
- Start Your Claim For An Accident In A Public Place
- Learn More About Public Liability Insurance Claims
What Are Public Liability Insurance Claims?
Personal injury claims aim to return you to the position you were in before you were injured by negligence, as much as this is possible. If the business you make a personal injury claim against has insurance for public liability claims, then this will cover the payment if the claim is a success.
Public liability insurance is a kind of insurance that businesses can take out that covers the cost of claims made by members of the public that are injured or have their property damaged on their premises. It’s not compulsory, unlike employer liability insurance or motor insurance.
Who Is Eligible To Make A Public Liability Insurance Claim?
When you’re in a public setting, such as a shopping centre or a public park, you are owed a duty of care under the Occupiers’ Liability Act 1957. This legislation states that the controller of a public space (the occupier), such as a local authority, must take steps to ensure the reasonable safety of members of the public who use it for its intended purpose. Such steps can include promptly responding to reported hazards and putting in measures of health and safety within the premises.
Organisations responsible for controlling a public space will usually take out a public liability insurance policy which can cover any personal injury claims made against them. However, this is not a legal requirement.
If you’re injured in an accident in a public place, you may be eligible to make a public liability insurance claim if the following applies:
- An occupier of a public space owed you a duty of care.
- The occupier breached their duty of care.
- You sustained an injury because of the breach of duty.
Time Limits In Public Liability Claims
The Limitation Act 1980 states that a public liability insurance claim against an occupier must begin within 3 years. These 3 years begin from the date the accident took place.
However, there are some exceptions to this time limit. For example, if you were injured while under 18, then you won’t be able to make a claim for yourself until the time limit starts on your 18th birthday. If you want to claim before then, a litigation friend can begin legal proceedings on your behalf if agreed by the courts.
Likewise, a litigation friend can claim on behalf of someone who doesn’t have the mental capacity required to claim for themselves. In these cases, the time limit is suspended. If they regain the needed capacity and no claim has been started on their behalf, they will have 3 years from the date of their recovery to make their own claim.
To find out whether you might be eligible to claim compensation, and for public liability insurance claims examples, contact us today.
How To Prove Your Personal Injury Claim
It’s important that you are able to provide evidence to support your personal injury claim. This can help prove that your injuries were a result of negligence, and it can also help prove the extent of your injuries and how they have affected your life, or how they will in the future.
Some examples of evidence that you could use to help support your claim include:
- CCTV footage: Video footage of the accident or of the negligence that caused it could be used to help support your claim.
- Medical records: Your medical records can help prove the extent of your injuries.
- Witness contact details: Taking these details allows the statements of witnesses to be taken by a professional at a later date.
- Photographs: Taking pictures of your injuries or of the accident site can also help strengthen your claim.
A solicitor could help you collect the evidence you need to support your claim. To find out how a solicitor from our panel could help you make a public liability insurance claim, get in touch with our team.
Calculating Public Liability Injury Claim Compensation
There are two heads of claim that you could potentially receive if your claim succeeds. The first of these is general damages. This head of claim covers your injuries and the pain and suffering they cause.
When calculating general damages, legal professionals like solicitors can refer to the Judicial College Guidelines (JCG). This document contains guideline settlement brackets for varying severities of injury. In the table below, you can see some examples of these guideline brackets that could be relevant to your claim.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Multiple Serious Injuries With Special Damages | Up to £500,000+ | Compensation for suffering multiple serious injuries and for special damages such as lost earnings, care costs and travel expenses. |
| Moderate Brain Injury (c) (i) | £181,190 to £267,340 | Injuries cause a personality change and a risk of epilepsy combined with a moderate to severe intellectual deficit. |
| Moderate Brain Injury (c) (ii) | £110,720 to £183,190 | Injuries result in a modest to moderate intellectual deficit, and there is some risk of epilepsy that greatly reduces the ability to work. |
| Chest Injuries (C) | £38,210 to £66,920 | Some continuing disability that is caused by damage to the lungs or chest. |
| Moderate Back Injuries (b) (ii) | £15,260 to £33,880 | This bracket can include soft tissue injuries that accelerate or exacerbate a pre-existing condition by five or more years, and backache caused by disturbed muscles and ligaments. |
| Other Arm Injuries (d) | £8,060 to £23,430 | Uncomplicated fractures to the forearm. |
| Moderate Shoulder Injuries (c) | £9,630 to £15,580 | This bracket includes soft tissue injuries that are not permanent but have symptoms that last beyond two years, as well as frozen shoulder that limits movement and causes discomfort. |
| Shoulder Injuries - Fracture of Clavicle (e) | £6,280 to £14,940 | The award here depends on residual symptoms, the severity and extent of the fracture, and whether any disability is temporary or permanent. |
| Less Serious Leg Injuries (c) (iii) | Up to £14,450 | Soft tissue injuries, or uncomplicated tibia or fibula fractures. |
How Special Damages Could Also Compensate You
Special damages are the head of your claim that compensate you for the financial losses caused by the accident in which you were injured. For example, under special damages, you could potentially recoup the cost of:
- Travel to hospital appointments
- Damage to your personal property, for example, if your phone smashed when you fell
- Medical bills
- Prescriptions
- Home care
- Home adjustments
- Mobility aids
- Loss of earnings
You may need to provide evidence of these losses in order to claim for them. Because of this, it can be a good idea to keep any bills or receipts you receive that are related to your injuries. For more information on making a public liability insurance claim, contact our team today.
Start Your Claim For An Accident In A Public Place
A solicitor from our panel could help you through the claims process by offering their services on a No Win No Fee basis. Through a Conditional Fee Agreement (CFA), you could access the services of a solicitor, generally without being asked to pay any upfront or ongoing fees.
The only fee you will be asked to pay to your solicitor is a success fee, and this is only in the event that your claim succeeds. In this case, your solicitor will take a percentage of your compensation. However, this amount has a legislative cap, which is in place to ensure that you receive the majority of your settlement. If your public liability insurance claim doesn’t succeed, then your solicitor typically will not ask for any fees.
Talk To Us About Your Public Liability Insurance Injury Claim
If you would like to find out if you could be eligible to work with a solicitor from our panel on a No Win No Fee basis, our advisors can help. In a free consultation, one of our advisors can assess your circumstances and provide you free legal advice. If they find your claim to be valid, then they could connect you with a solicitor from our panel. To get started:
- Call on 0333 000 0729
- Contact us online
- Use the live chat feature for instant support
Learn More About Public Liability Insurance Claims
To learn more about making a public liability claim, we recommend:
For more helpful resources:
- RoSPA – The Royal Society for the Prevention of Accidents
- GOV – Statutory Sick Pay
- NHS – When to call 999
Our advisors are here to help if you would like to know more about making a public liability insurance claim.
