Personal Injury Claims Against Liverpool Council

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Liverpool City Council Personal injury Claims Guide

How To Make An Injury Claim Against Liverpool City Council

Accidents can happen just about anywhere and without any warning. They can lead to very serious injuries which can take months to recover from. If the accident is nobody’s fault though, you might be left with no option but to try and move on with your life. However, if an accident occurs because a council who owed you a duty of care was negligent, you might be able to claim compensation from them for your suffering. In this guide, we’re going to concentrate on making a personal injury claim against Liverpool City Council.

Personal injury claims against Liverpool city council

Personal injury claims against Liverpool city council

They could include accidents on public roads or footpaths, accidents in a council house or accidents while working for the council. You could claim for the physical or psychological injuries caused by the accident such as broken bones, neck injuries or even post-traumatic stress disorder (PTSD).

Legal Expert specialises in handling personal injury claims. Our advisors provide free advice on any claim and a no-obligation telephone consultation as well. When an advisor suspects you have a strong claim, they could refer you to one of our experienced solicitors. To make any claim less risky, all cases that are taken on are conducted on a No Win No Fee basis.

To check whether your claim is able to proceed, call us today on 0800 073 8804. Alternatively, you can continue reading this guide about claims against Liverpool City Council before contacting us.

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A Guide To Personal Injury Claims Against Liverpool City Council

The city of Liverpool is steeped with history. It’s famed for producing world-famous bands, football teams and it also held the prestigious title of European Capital of Culture in 2008. For such a great city to function every day, it needs great services. Many of those services are carried out daily by Liverpool City Council.

You might not realise all of the functions that the council carries out but, in most cases, they’re carried out to a very high standard. However, there are times when things go wrong, or mistakes are made. If they do, and somebody the council owed a duty of care to is injured, then the victim might need to consider claiming compensation from them if they have evidence to show their failings.

Throughout the course of this guide, we’re going to look at what can go wrong and why Liverpool City Council compensation claims might be required. It’s important to note that following the council’s own complaints procedure is not the same as requesting compensation.

If you are seeking compensation, we advise you to seek expert legal representation. That’s because you’ll need to prove what happened, how the council was liable and how seriously you were injured. Having the right legal team on your side could be the difference between winning the right amount of compensation or not receiving anything at all.

There are many different scenarios which could lead to a personal injury claim, many of which you’ll find in this guide. However, if you don’t see an example that matches yours, please feel free to contact Legal Expert about your eligibility to claim. We offer free legal advice to all callers even if you decide that a claim is not the right option for you.

What Is A Claim Against Liverpool City Council?

There are various different accidents that could happen in property or places maintained or controlled by Liverpool City Council. To be eligible to seek compensation, you’ll need to show that the accident occurred as a result of the council’s negligence and it caused you to sustain an injury.

The types of accident in Liverpool that could lead to a compensation claim could include:

  • A pavement accident on a path maintained by the council.
  • Accidents in leisure centres, parks or libraries controlled by the council.
  • Accidents on public highways caused by defects.
  • Pothole or sinkhole accidents.
  • Injuries caused by neglect in social care.
  • Workplace accidents for employees of the city council.

In each case, a duty of care will need to be established using supporting legislation. For instance, in cases of an accident at work, the Health and Safety at Work Act 1974 could be relied upon. For injuries in leisure centres, the Occupiers’ Liability Act 1957 could be used.

You are able to raise damage only or personal injury claims directly with the council, but we’d advise you to let Legal Expert help you. Our team of personal injury lawyers have decades of experience in making such claims and will work hard to ensure everything that is allowed is included within your claim so that you don’t miss out. Contact us today for a no-obligation assessment of your case.

Councils Duty Of Care

As discussed in the previous section, a legal duty of care needs to be established to be entitled to claim compensation for injuries sustained in an accident. So when do Liverpool City Council owe a duty of care? Well, the need to:

  • Keep council employees safe while at work.
  • Maintain a safe environment for care home residents.
  • Have a good system for monitoring, maintaining and repairing roads, paths and highways.
  • Maintain gyms, leisure centres, parks and libraries so that visitors are safe while using them.
  • Ensure council housing is maintained to minimum safety levels.

This isn’t a complete list but if there’s a scenario where the council has breached its duty of care and an accident has happened as a result, then the victim could be compensated through a personal injury claim.

Pavement Accident Compensation Claims

If you’re involved in a pavement accident, in an area that Liverpool City Council is responsible for, it’s possible that you could make a claim for any injuries sustained provided you can show the council breached its duty of care. For instance, a claim might be possible where an accident is caused by:

  • A pothole or sinkhole (you’ll find more on this later in the guide).
  • Raised paving slabs.
  • A damaged dropped kerb maintained by Liverpool Council.
  • Tree roots that cause a trip hazard because they’ve broken through the path.

For this type of accident, any pavement defect that has caused your accident needs to be photographed. Where possible, you should place a ruler or tape measure alongside the defect to show how high or deep it is as this could make your claim easier.

Liverpool Highway Accident Claims

The Highways Act 1980 places a duty of care on local authorities to maintain many of the public highways within its boundaries. The legislation sets out that they need to have a good system for regularly assessing roads and another system for repairing any defects they identify.

The frequency of road inspections carried out by Liverpool City Council highways department will be determined by the type of road. For instance, a dual carriageway will be inspected more often than a residential road. In the same regard, a high street that carries a lot of traffic will get more frequent inspections.

If you’re injured in a highway accident, you could claim against Liverpool City Council if it can be shown that they breached their duty of care in some way. Claims could be made for an accident caused by raised tarmac, fallen trees blocking a road, slippery surfaces, or potholes, which we’ll look at in the next section.

Pothole Related Accident Claims

In both the previous sections we considered claims for a pothole accident and mentioned they need to be a certain depth to be able to make a claim. The legal minimum height a pothole must be before you could sue Liverpool City Council is 40mm.

To demonstrate the height when making a claim, you should note down its precise location and then photograph it with a ruler or tape measure inside it.

Those who could potentially claim for a pothole accident include cyclists who have been thrown from their bikes, pedestrians who’ve tripped on a pothole or motorists whose vehicles have been damaged after hitting a pothole.

If you believe you’ve been the victim of the council’s negligence and have been injured due to a pothole that should’ve been repaired, please let us know and we’ll review your case with you.

Accidents In Parks, Leisure Centres And Libraries

Parks, like Sefton Park, Newsham Park or Croxteth Park, are used on a daily basis in Liverpool by people who want to relax, exercise or let their children burn off some energy. They are generally pleasant places to visit but your trip could be ruined if you or a member of your party was injured while visiting.

If the park is operated by Liverpool City Council, you could claim against them if the accident in which you were injured was caused by some form of negligence and you can prove their failings with evidence.

For example, you might decide to claim for accidents caused by:

  • Broken or damaged outdoor gym facilities.
  • Damaged gates, fences or furniture.
  • Missing safety equipment.
  • Damaged play equipment.

Even if the accident is caused because equipment has been vandalised, a claim against the council might still be possible if it can be shown that the council hadn’t repaired it in a timely manner.

In the same regard, you could claim for a leisure centre accident, library accident or an accident in any public place operated by the council if your injuries were caused by the council’s negligence and you can prove their failings.

Please discuss your claim with a member of our team today and we’ll let you know if you have grounds for compensation.

Liverpool Council Workplace Accident Claims

If you work for Liverpool City Council, then you’ll be owed a duty of care by your employer. This duty is to maintain a safe working environment and to uphold your health and welfare as much as reasonably possible. That doesn’t mean you’ll need to be supervised all day, but the council should ensure that your workplace is regularly assessed and any dangers are removed. If they don’t and you end up injured in a workplace accident, you could be entitled to claim against the council as long as you can show how they breached their duty of care.

There’s no conclusive list of the accidents you could claim for, but you could claim for injuries caused by:

  • Missing Personal Protective Equipment (PPE).
  • A lack of training on safety procedures linked to your work.
  • Insufficient rest breaks leading to tiredness.
  • Faulty equipment or unsuitable machinery.

You are perfectly entitled to claim for injuries at work and your employer isn’t legally allowed to stop you. If they discipline you, sack you or cause problems at work for you, then you could raise an unfair or constructive dismissal case against them.

Please let us know about your injuries so that an advisor can guide you through your options.

Accidents And Injuries In Council Housing

As with any landlord, Liverpool City Council has a duty of care towards its tenant’s safety. That means that they’re required to maintain their residential properties to minimum standards. If the property has damage which is dangerous to the tenant, and the council is made aware of it, then it should be repaired in a timely manner.

If you are injured while living in a council property, and you believe the accident was caused because the property was not maintained to a safe standard, then you could claim against the council.

We’d advise you to take photographs of the defect which caused your injury, keep copies of any communication sent to the council about it and seek medical assistance for your injuries.  Then why not consider contacting Legal Expert for a free, no-obligation, assessment of your claim.

Council Social Care Negligence Compensation Claims

If you’re concerned that a loved one has been injured due to negligence within the care sector, you might need to file a claim against the city council if they’re responsible for the care home in question. Generally, it can be possible to get issues resolved by using the Liverpool City Council complaints procedure, but that won’t result in compensation for your loved one if they’ve suffered injuries.

You could be entitled to claim if your relative has:

  • Suffered bed or pressure sores due to a lack of movement.
  • Been abused in the care home.
  • Been made ill because their medication hasn’t been dispensed correctly.
  • Suffered an injury after falling because of incorrect lifting procedures.

We could help with Liverpool City Council compensation claims related to negligence in care homes. Please collate as much information and evidence as you can and then reach out to a member of our team for an assessment of your case.

Time Limits To Claim Compensation From A Local Council

It’s important that we let you know about the different personal injury claims time limits which apply for different types of claims, so we’ve provided the following table.

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Type of Claim Time Limit Notes
Personal Injury Claim 3-years The limitation period usually begins from the date the accident took place.
Children’s Injury Claim 3-years You can claim at any point before the child turns 18. If you don’t, when the victim turns 18, they’ll get 3-years from that point to make their own claim.
Care Home Negligence 3-years This usually begins from the date of the negligence. However, if the claimant isn’t aware of what happened, then the time limit begins from when they find out, or when they acquired knowledge.

The limitation period listed is the time by which your claim must be filed. If you breach that time limit, your claim could be rejected which means any compensation you might have been entitled to would be lost. Please ask one of our advisors if you’re not sure how long you have to begin a claim.

Calculating Compensation Claims Against Liverpool Council

Liverpool City Council compensation claims will usually be for two main heads of loss: general and special damages. The table below shows the potential compensation figures for general damages. This is the amount awarded that’s designed to cover your pain and suffering. As there are so many potential injuries, we can’t list them all in this table. However, when you’ve spoken to one of our specialists, you’ll be given a more personalised potential compensation figure.

The figures in the table are from a guidance document maintained by the Judicial College which is used to help calculate the correct settlement figures for different types of injury.

Edit
Type of Claim Severity Compensation Range Further details
Nose Fracture £9,990 to £21,700 Covers claims for serious or multiple fractures of the nasal complex which results in permanent damage even after multiple operations.
Teeth Loss £1,020 to £1,600 Loss or damage to the back teeth. The amount listed is per tooth.
Neck Moderate £12,900 to £23,460 Covers injuries where soft tissue is damaged or more severe disc lesions which result in cervical spondylosis occur.
Neck Minor Up to £2,300 Whiplash-type injuries where a full recovery happens, without any surgery, within 3-months.
Back Severe £36,390 to £65,440 Fracture disc or disc lesions which cause chronic conditions and where disabilities remain even after treatment.
Arms Serious £36,770 to £56,180 Severe arm fractures (to one or both forearms) which results in serious and permanent residual disability.
Legs Fracture £8,550 to £13,210 Simple leg fractures affecting the femur but where no articular surface damage is caused.
Ankle Moderate £12,900 to £24,950 Ligament damage (tears) and fractures which cause less serious disabilities such as trouble walking on uneven ground or standing for a prolonged period.

To prove the level of injury you’ve sustained (to try and ensure the right amount of compensation is paid), your solicitor will arrange for you to attend a local medical assessment.

Special damages are possible when you’ve incurred expenses as a result of your injuries. What will be included depends on how you’ve been affected but you could ask for the following to be paid:

  • Care costs.
  • Travel expenses.
  • Personal property repair costs.
  • Medical expenses.
  • Lost earnings and future lost earnings.

You should try and keep any relevant receipts, benefits documents, payslips or bank statements to help your solicitor recover the expenses you’ve incurred.

No Win No Fee Personal Injury Claims Against Liverpool Council

One of the main perceived stumbling blocks to starting Liverpool City Council compensation claims is how much it’ll cost to hire a personal injury solicitor. For that reason, our solicitors operate a No Win No Fee service for any claims taken on. By doing so the financial risk and stress involved are greatly reduced for our clients.

To offer this service, a solicitor will need to check that your claim has a chance of being won. Once they’ve completed that check, you’ll be given a Conditional Fee Agreement (CFA) containing full details of how your claim is funded.

Within the CFA you’ll see that:

  • There is nothing to pay upfront which allows us to start the claim quickly.
  • You’ll not be asked to pay any type of solicitor’s fees while the claim continues.
  • You will not be charged solicitor’s fees if the claim fails.

For cases that your solicitor wins, their costs and time will be paid by way of a success fee. This is a small part (a fixed percentage) of your compensation. So that you’re aware of the success fee from the start, it’s listed prominently in the CFA. You don’t need to spend too much time worrying though as all success fees are capped by law.

Check to see if you’re entitled to claim on a No Win No Fee basis by discussing your case with an advisor today.

Contact Our Team

Thanks for reading this article about Liverpool City Council compensation claims. If you’re now in a position to start a claim with Legal Expert, here are the best ways to get in touch:

The claims process we’ll use is fairly straightforward. It will begin with a telephone consultation so you can tell the advisor what happened and how you were injured. In cases where they believe the evidence is strong enough, you’ll be connected with one of our specialist personal injury lawyers. So that you don’t spend time worrying about the financial impact of claiming, if your case is taken on, it will be conducted on a No Win No Fee basis.

Supporting Resources

We’ve provided a lot of information within this guide about Liverpool City Council compensation claims. We hope that it’s proven useful and given you what you need to decide to make a claim. For further guidance, why not take a look at some of the useful resources listed below:

How Your Council Works
Advice from the government on how different types of council operate.

Liverpool Council Complaints
The official website from the council where you can file a complaint about its services.

Council Housing Advice
Information from the charity Shelter about your rights as a council tenant.

Pothole Accident Claims
A comprehensive guide about claiming for injuries caused by potholes.

Slip Trip Claim Against The Council
This case study shows how compensation might be awarded after a trip caused by council negligence.

Leisure Centre Accident Claims
A detailed look at claims for injuries sustained in leisure centre accidents.

Other Guides Available To Read

 

Guide by Hambridge

Edited by Billing

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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