Councils and local authorities are legally required to ensure that pavements, roads, and other council property are reasonably safe for public use. However every year people are injured following falls or trips on loose paving stones or potholes.
To make a personal injury claim against the council for compensation, you’ll need to prove that your injury was caused the council's negligence.
Our personal injury lawyers are among the most experienced in the UK. We’ve secured millions in compensation for our clients over the years due to our knowledge and experience. We know the evidence you’ll need to successfully sue the council.
Speak to us today in a free initial consultation about your claim. Once we know a little more about the circumstances, we’ll be able to advise you on whether you’re eligible to make a claim against the council.
How to sue the council for negligence
Claiming compensation from the council requires you to show that your injury has been caused by a breach of their statutory duty.
If you’ve experienced injury because of the council’s negligence, we can help you claim compensation. You can arrange a free initial consultation with one of our specialist solicitors to talk about your case and decide if you want to take it forward.
Suing a council for damages can be difficult if the road or pavement defect that caused your injury has since been repaired. You can help us pursue your claim by:
- Taking photographs of exactly where you fell
- Taking measurements of the pothole or other defect that caused your injury, and showing those measurements clearly on a photograph
- Giving us the names and addresses of any witnesses present
- Letting us know the police incident number.
Why choose Irwin Mitchell to handle your claim against the council?
We can handle most claims on a no win no fee basis. This means you won’t have to pay anything if your claim is unsuccessful. If it does succeed, the majority of your fees are paid by your opponent.
Our in-house Support and Rehabilitation coordinators are trained clinical specialists who can help you find the support you need after an injury We’ll make sure you’re fully supported during and after your claim.
We have close relationships with charities and support groups around the UK. This means we can signpost you for the support that’s close by, and make sure it’s there for as long as you need it.
Many people can find it overwhelming to be awarded a large sum of money in compensation. If you need expert financial advice on how to make your compensation pay for all you need it to, our Asset Management team can help. They can give you with tailored advice on ways you can invest your money and make sure it lasts for as long as you need it.
We understand that, for many people, talking through their situation in person is important. We’ve offices across the UK, meaning you can visit us near to your home. If you’re unable to travel, we can arrange to visit you at home or in hospital. We work in the way that’s most convenient for you, so we're also happy to communicate via email, phone, text, or video call.
Call us for a free initial consultation
0800 056 4110Or we can call you back at a time of your choice
Claims Against The Council - More Information
Councils have a duty of care to ensure that roads, pavements, and other public areas are properly maintained. We could help you make a compensation claim against the council if you’ve been injured because of:
- A pothole that's deeper than 1.5 inches (40mm)
- An uneven paving stone that was sticking up by more than one inch (25.4mm).
Cyclists are particularly vulnerable to poorly maintained roads. If you’ve fallen off your bike after hitting a pothole, we could help you make a claim against the responsible council.
How much compensation you could receive depends upon the severity of your injury and the impact it has on your life. We’ll seek a fair settlement that reflects any challenges you’ve experienced because of your injury.
Compensation could cover:
- Loss of earnings
- Cost of attending hospital and GP appointments and buying medical equipment
- The costs of any treatment you’ve received and any further medical procedures or care you may need
- Living and accessibility changes made to your home or vehicle because of your injury.
Claims against the council usually need to be made within three years of the accident that caused your injury, meaning that you must issue court proceedings ahead of the third anniversary.
However, there are some important exceptions to the three-year rule:
- If you’re claiming on behalf of your child t the time limit starts to run on their 18th birthday. From 18 years old the three-year time limit applies
- There’s no time limit if you’re claiming on behalf of someone who doesn’t have the mental capacity to claim for themselves, but beware that people can regain mental capacity.
In cases of council negligence, we recommend making your claim as soon as possible. This makes it easier for us to gather evidence, such as interviewing witnesses in support of your case or taking pictures and measurements of the road/paving defect that caused your injury.
Karen O'Brien, clientWhen the case was finally settled, the relief was enormous. I felt as if I had done everything I could to try and stop it happening to anyone else.”
Frequently Asked Questions
Can I sue the council for emotional distress?
If the injury or illness you’ve sustained through the council’s negligence has a damaging impact on your mental health, you may be able to claim compensation for this.
For instance, if you’ve been diagnosed with post-traumatic stress disorder (PTSD), depression, or anxiety because of the incident, you may be able to make a claim for this.
How is a council legally responsible for my injury?
Councils must look after public property and, if you’ve been hurt because pavements or other council property were not properly maintained, they may be legally responsible for your injury.
To avoid legal responsibility, a council must prove that there’s a system of regular inspections in place to identify and fix any potential road or pavement hazards.
If you make a claim against the council, our solicitors will work hard to prove that safety and maintenance standards weren’t met. For example, we may be able to prove that the road or pavement had been in a state of disrepair for a significant period without being repaired. In this case we’ll try and show that the council failed to identify the defect, or they didn’t act quickly enough to fix it.
Can I make a no win no fee claim against the council?
We handle most of our claims using no win no fee agreements. This means there’s nothing for you to pay if your claim isn’t successful.
If your claim succeeds, most of your fees will be paid by your opponent.
To make sure there’s no financial risk to you, you’ll need an ‘After The Event’ (ATE) insurance policy to make a no win no fee claim. We’ll discuss the finer points, along with alternative funding options, before we start working for you.
Related Information - Claims Against The Council
All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.
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