This guide looks at who could be eligible to make a claim for blindness or a loss of sight due to an accident. Accidents at work, on the road or in public places can lead to a loss of vision, either temporarily or permanently. This guide will examine the duty of care owed in various scenarios and how accidents could result from a breach of a duty of care.
We have also provided some guidance on the potential value of injuries in a compensation claim. In addition to this, we look at some of the proof you could collect to strengthen a serious injury claim.
This guide concludes with an explanation of the type of No Win No Fee contract our panel of solicitors can offer and all the advantages this presents to you.
To find out more about the claims process or to get a free assessment of your potential claim, you should speak to one of our advisors:
Select A Section
- Eligibility To Make A Serious Injury Claim For Blindness Or Sight Loss
- What Accidents Could Lead To Blindness Or Loss Of Vision?
- What Types Of Evidence Could Help You Prove Your Claim?
- Examples Of Blindness And Sight Loss Injury Settlements
- Begin Your Claim For Blindness With A No Win No Fee Serious Injury Solicitor
In order to make a claim for blindness, you will need to show you were owed a duty of care by a third party and that this duty was breached. This is the same whether you are claiming for accidents at work, on the road or in public places. Section 2 of this guide provides more detail on the specific laws governing the duty of care in each of these scenarios, but generally, you will need to demonstrate the following in order to make a claim:
- A third party owed you a duty of care.
- There was a breach of this duty by that third party.
- This breach caused you to be injured.
Serious Injury Claim Time Limits
A claim for blindness is subject to the time limits set out by the Limitation Act 1980. Generally, there is a limit of 3 years, counted from the accident date, for starting legal proceedings. There are, however, certain exceptions to this:
- For injured persons who are children at the time of the accident, the limitation period is suspended until the day they turn 18.
- For injured persons without the mental capacity to make a claim, the limitation period is paused indefinitely. In cases where capacity is recovered, the 3-year limitation period commences from the date they recovered.
A litigation friend can be appointed to pursue the claim on the injured person’s behalf if they cannot pursue the claim themselves, and start the claims process sooner. If you would like to speak with someone about the time limit that could apply to your case, speak with a member of our team today.
In this section, you will find a breakdown of the laws that govern the duty of care owed on the roads, at work and in public places. We have also provided some examples of how an accident can be caused by breaching the duty of care and how this can result in an eye injury resulting in a loss of sight.
Claim For Blindness After Workplace Accidents
The Health and Safety At Work etc. Act 1974 imposes a duty of care on all employers to take reasonable steps to ensure the safety of their employees at work. The hazards and steps taken to mitigate them may vary depending on the environment and the type of work that is being done; however, it can include actions such as conducting any necessary training and making sure all work equipment is properly maintained. The Health and Safety Executive (HSE), Great Britain’s regulator for workplace health and safety standards, provide guidance to employers on managing risks in the workplace.
A breach of this duty of care can lead to a workplace accident that could result in a claim for blindness. For example, you work for a company that produces and handles various chemicals. Chemicals get into your eyes because you were provided with inadequate protective equipment. The chemicals cause a loss of vision in both eyes.
Claim For Blindness After An Accident On The Road
All road users owe a duty of care to one another to prevent the experience of harm while using the road network. This means abiding by the standards set out by the Highway Code and Road Traffic Act 1988. It is important to note that the Highway code contains both rules, which are backed by law, and recommendations, which are not.
Failing to adhere to these standards can result in car accidents and lead to serious injuries. As an example, a lorry driver using their phone while driving runs through a red light and hits your vehicle in a t-bone collision. Your driver-side window is shattered, and the broken glass fragments cause damage your right eye, leading to a loss of vision.
Claim for Blindness After Accidents In Public
Public places are defined as anywhere the public can access; this can include shops and business premises, leisure and recreational facilities such as sports centres and cinemas and the road network. The Occupiers’ Liability Act 1957 places a duty of care to ensure the reasonable safety of all visitors on the party in control of the space.
Public liability claims can be made when the party in control fails to take steps to ensure visitors’ reasonable safety and an accident occurs. For example, a spillage in a supermarket has not been cleared, nor have any wet floor signs been placed despite the spillage being reported to staff. You slip on the wet floor and hit your head on one of the fridges. This causes a brain injury that results in substantially blurred vision.
If you would like to speak with someone about making a claim for blindness after an accident caused by negligence, speak with a member of our team today.
Collecting a body of thorough evidence will not only show how the accident occurred and the extent of your injuries, but it will also help to prove who was responsible for the accident.
We have compiled a general list of evidence you could obtain in support of your claim:
- Copies of your medical records, such as any scans or tests that were done as part of your treatment.
- A diary detailing what treatments were conducted and the effects on your physical and mental well-being.
- A copy of any CCTV footage showing the accident taking place. For road traffic accidents, you can acquire dashcam footage of the accident.
- A copy of the accident report from the workplace accident book.
- Witnesses’ contact information; this means their statements can be taken during the claims process.
You could be connected with a personal injury solicitor from our panel if you have a valid claim. A solicitor could provide assistance with the collection of evidence for your claim. Contact our team for more information.
If your claim for blindness succeeds, you will receive personal injury compensation. The first head of claim, general damages, awards for the pain and suffering experienced from your injuries. We have used the figures from the Judicial College Guidelines (JCG). This is a publication containing guideline award brackets for an array of injuries, to create this table.
It is important to emphasise that the JCG figures do not represent guaranteed payouts. As personal injury claims are calculated on a case-by-case basis, this table has been provided for guidance purposes only.
|(a) Brain Damage- Very Severe||A requirement for full-time nursing care. The top of this bracket will be appropriate where the senses have been significantly affected.||£282,010 to £403,990|
|(b) Brain Damage- Moderately Severe||Very serious disabilities. If severe medical problems such as blindness arise, an award might be made in excess of the bracket amount.||£219,070 to £282,010|
|(b) Total Blindness||Total loss of vision in both eyes.||In the region of £268,720|
|(c) Loss of Sight in One Eye, Reduced Vision in Remaining Eye (i).||Serious risk of further deterioration in remaining eye.||£95,990 to £179,770|
|(c) Loss of Sight in One Eye, Reduced Vision in Remaining Eye (ii).||Reduced vision in remaining eye and/or additional problems. e.g. double vision.||£63,950 to £105,990|
|Loss of Earnings||Compensation could be awarded to account for a loss of earnings caused by an inability to work.||Up to £100,000 and above.|
Special damages can be awarded for any financial losses sustained from your injuries. Some possible examples of costs or losses that could be claimed back are:
- Adaptations to your home, such as an access ramp.
- Costs for childcare if you are unable to look after children.
- Domestic support, such as garden maintenance.
- Any loss of earnings from having to take time off work
Keep any documents (receipts, payslips, invoices) that prove your financial losses. These can help support your claim for special damages. If you would like an assessment of how much your claim could be worth based on your own circumstances, speak with a member of our team today.
After getting an assessment of your potential claim from our advisors, a personal injury solicitor from our panel could provide representation. They may offer to work under a No Win No Fee agreement. In particular, they may offer you a Conditional Fee Agreement (CFA). A CFA presents a number of benefits to claimants as you will not be met with any fees upfront. There are also no ongoing fees during the claims process.
You will receive personal injury compensation if your claim is a success. As payment for their work, the solicitor will take a success fee from this payout. The percentage that can be deducted as a success fee is capped by law. Therefore, the majority of your compensation will go to you.
To find out more about the claims process or to get a free assessment of your potential claim, speak to our advisors:
Learn More About Serious Eye Or Hearing Loss Injury Claims
For more of our serious injury guides
- Learn more about making an industrial deafness compensation claim.
- Find out if you could be eligible to claim for tinnitus after a car accident.
- Read our guide on how to claim with an eye injury lawyer.
Other useful resources
We appreciate you taking the time to read our guide on making a claim for blindness. Please don’t hesitate to get in touch if you have any queries.
Written by HC
Edited by FS