In this guide, we look at the benefits and advantages of public liability claims lawyers if you want to pursue a personal injury claim after an accident in a public place.
Firstly, we will examine the legislation and duty of care which exist to protect members of the public, as well as the eligibility requirements for a personal injury claim.
After covering the evidence that can help a case, the guide will show you how compensation is calculated using two heads of claim and a table that illustrates compensation guideline amounts.
Finally, we will let you know how a No Win No Fee solicitor from our panel could provide legal representation to you, as a claimant without upfront fees.
Our advisors are ready to offer you a free consultation and assessment, so please reach out to us by:
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- Could I Make A Public Liability Claim?
- What Claims Could You Make With Public Liability Claims Lawyers?
- Essential Evidence for Public Liability Injury Claims
- Estimated Public Liability Claim Payouts
- Connect With No Win No Fee Public Liability Claims Lawyers
- Further Guidance On Public Liability Claims
The personal injury claims process requires eligibility criteria to be met so that a claim has valid grounds. After a public accident, you would need to prove third-party negligence by showing:
- That an occupier of a public space owed you a duty of care;
- That they breached their duty, leading to your accident; and
- The accident caused your physical and/or psychological harm.
A breach of an occupier’s duty could lead to accidents which, in turn, cause harm to visitors.
Public liability claims lawyers can support you in making a case showing an occupier’s breach of duty, so please speak with our advisors if you have recently been injured and want to know if you have the right to claim.
What Is The Limitation Period?
A personal injury claim must start within three years of an accident to be valid. This is according to The Limitation Act 1980, though the Act also identifies exceptions that may apply in some situations. Our advisors can tell you more about time limits if you have any questions.
Many accidents could occur in a public place. Among the numerous examples are:
- An accident in a shop where being struck by a badly stacked item causes a head injury.
- A public park accident in which tripping on a large pothole or over grown tree root results in an ankle injury.
- Having an accident in a garden where a fall on a cracked pavement causes a bone fracture.
- A crush injury due to a malfunctioning automatic door, leading to a finger amputation.
What Could Cause A Public Accident?
An occupier’s failure to meet their duty of care could appear in different ways, including:
- Failing to perform risk assessments;
- Not maintaining infrastructures such as lifts, automatic doors or escalators
- Being too slow to remove or signpost hazards like a wet or icy surface, which could lead to a slip, trip or fall.
If there is a valid claim for an injury in a public place, public liability claims lawyers can help.
Cases presented by public liability claims lawyers will be bolstered by evidence which proves an occupier’s negligence and its relation to injuries. Useful evidence may include:
- Contact details for witnesses who can be called upon to give a statement during the claim.
- Medical records like test results or scans, because they can outline the injuries sustained.
- A diary that tracks your treatments and symptoms.
- CCTV footage showing the accident, which you can request a copy of.
- Photographs that show the cause of an accident, the accident scene, and any visible injuries.
Gathering evidence can be daunting, but it is something a solicitor from our panel could help with if you decide to instruct one. If you would like to know more, then please give our advisors a call.
It is not helpful to provide the averages for public liability claim payouts because the compensation awarded will depend on many factors, such as:
- The nature of injuries suffered;
- Their severity;
- The level of mental distress;
- Recovery time; and
- The overall impact on quality of life.
However, we can provide the below table as a guide. These guideline compensation brackets are from the Judicial College Guidelines, a document that public liability claims lawyers and other professionals utilise to value injuries. Medical evidence is also a key factor, which is why we recommend gathering medical reports as evidence for a claim.
Compensation for the physical pain and mental suffering caused by injuries is known as general damages, one head of claim that can be awarded in a settlement.
|Injuries Involving Paralysis||Tetraplegia||£324,600 to £403,990||The level of award is impacted by many factors, including age, degree of independence, the extent of movement, ability to communicate and level of pain relief.|
|Injury Resulting from Brain Damage||Moderately Severe||£219,070 to £282,010||The injured person will depend substantially on others and need constant care, because of serious disability.|
|Neck||Severe (ii)||£65,740 to £130,930||Serious factures, cervical spine disc damage: which cause disability to some considerable degree.|
|Hand||Amputation of Index and Middle and/or Ring Fingers||£61,910 to £90,750||The injury leaves the hand with exceedingly weak grip, if any.|
|Foot||Severe||£41,970 to £70,030||Either an unusually significant injury to a single foot, or fractures of both heels or feet.|
|Knee||Severe (ii)||£52,120 to £69,730||Where a leg fracture extends into the knee joint, with permanent, constant pain resulting from it. Limited movement or agility is also a factor.|
|Injuries Affecting Sight||Total Loss Of One Eye||£54,830 to £65,710||The amount awarded will depend on psychiactric and cosmetic impact, as well as the injured person's age.|
|Ankle||Severe||£31,310 to £50,060||A significant residual disability, and potentially a lengthy period in plaster, the need of pins and plates or an extensive treatment period, stemming from injuries.|
|Shoulder||Severe||£19,200 to £48,030||This bracket covers injuries like brachial plexus damage, which are linked to neck pain and lead to significant disability.|
Further Damages Which Could Be Claimed
The second head of claim is special damages, which covers financial losses related directly to injuries suffered in an accident. As long as a connection to the injury can be proven, and evidence such as receipts or payslips can be provided, you could claim for costs including:
- Loss of earnings;
- Travel expenses, if made necessary by your condition;
- Home adaptation fees.
Public liability claims lawyers can take the stress out of organising a personal injury case. If you have valid grounds to claim after a public accident, an expert solicitor from our panel could offer you a Conditional Fee Agreement (CFA).
A CFA is a form of No Win No Fee contract where you would not pay a solicitor fee:
- During your case;
- If your case fails.
Should your case win, your solicitor will collect the success fee, a percentage of the compensation awarded. You would still be guaranteed to keep most of the compensation because the percentage is capped due to The Conditional Fee Agreements Order 2013. Moreover, your solicitor would agree on the percentage with you before your case begins.
Talk To Our Specialist Team
Talking to our dedicated advisors is completely free and, as well as giving a consultation, an advisor could assess your claim for free. You would then have the opportunity to be connected with a solicitor from our panel, though the choice would be yours. Having your questions and concerns answered by our advisors could give you peace of mind.
Here are some more of our guides around public liability claims:
- What is a public liability insurance injury claim?
- A closer look at public liability claims against a council
- More information on pothole claims.
And you may find these resources helpful:
Thank you for reading our guide about getting the support of public liability claims lawyers. Please speak to our advisors if you have any questions about your claim.