Could I Make A Serious Injury Claim For Blindness?
This guide examines when you could be eligible to start a claim for blindness or a loss of sight following an accident. We have provided an overview of the specific laws that establish the duties of care owed in the workplace, on the road and in public places. We have also included some illustrative examples of how accidents can occur, the types of sight loss injury that can be sustained if this duty is breached.
Could I Make A Serious Injury Claim For Blindness?
Furthermore, we have discussed the possible compensation awards that could be paid out in the event of a successful serious eye injury claim.
In the penultimate section of this guide, there is an explanation of the type of No Win No Fee agreement offered by our solicitors and the benefits to you when you start a serious injury claim with them under these terms.
If you would like any further elaboration on the information contained within this guide or would like to enquire about getting the validity of your potential claim assessed, talk to one of our advisors via the following:
- Call the team on 0800 073 8804.
- Complete our “claim online” form.
- Use the live chat button in the bottom left-hand of the screen.
Select A Section
- Eligibility To Make A Claim For Blindness
- Types Of Accidents Which Could Cause Blindness
- How To Prove Your Serious Injury Claim For Blindness
- Compensation Payouts For Blindness And Sight Loss
- Make A No Win No Fee Claim For Blindness With A Loss Of Sight Solicitor
Eligibility To Make A Claim For Blindness
Whether you’re making a claim for blindness following an accident at work, on the road or in a public place, the eligibility criteria remain the same. In order to make a personal injury claim for a loss of vision, you will need to demonstrate the following:
- A duty of care was owed to you by a third party when the accident occurred.
- There was a breach of this duty by the third party.
- That breach caused you to be injured.
Limitation Periods For Your Claim For Blindness
In most cases, the time limitation period for starting a personal injury claim is 3 years from the accident date, as per the Limitation Act 1980. However, exceptions can apply and an extension granted in certain circumstances.
To find out if any exceptions are relevant to your potential claim, you can speak to one of our advisors using the details above.
Types Of Accidents Which Could Cause Blindness
Below, you will find an explanation of the laws that establish the duty of care on the road, in public places and at work. We have also included some illustrative examples of how breaches of these duties can result in accidents that cause loss of sight injuries.
Vehicle Accidents Leading To Blindness
Road users have a duty of care to each other which means they must take all reasonable measures to prevent the experience of harm when navigating the road network. This duty means road users are required to obey the rules in the Road Traffic Act 1988 and the Highway Code. An example of a road user breaching this collective duty and causing harm to another road user would be:
- The driver of a lorry failed to adequately look before moving back into the left-hand lane on a motorway, pushing your vehicle off the road. Your car windows were shattered in the crash, causing damage to both of your eyes and resulting in sight loss.
Workplace Accidents Causing Blindness
Employers have a duty of care to take all reasonable steps to ensure their workforce is safe whilst at work, and during the conduct of their work activities, as established by the Health and Safety at Work etc. Act 1974.
The way in which they uphold this duty of care can vary depending on the nature of the work being done, but some examples include; informing employees of all the risks associated with work activities, ensuring that maintenance is carried out in a timely manner on both the working environment and equipment; and making sure that employees receive the correct training and supervision to carry out their duties safely.
An example of the employer failing in their duty to protect their employees from harm could be:
- You work in a plant that produces weedkiller and other garden chemicals. You have not been provided with adequate eye protection. Chemicals get into your eyes and cause serious damage, leading to a loss of vision in your left eye.
Public Accidents Resulting In Blindness
The Occupiers’ Liability Act 1957 imposes a duty of care on parties in control of public places, also referred to as occupiers, requiring them to take steps to ensure the reasonable safety of visitors while they are on the premises. There are several types of public spaces, including public highways, shops and restaurants, recreational facilities and public green spaces. An example of where you could potentially be injured in an accident following an occupier breaching their duty of care would be:
- A shop sign fell from its mounting, striking you in the face. The sign caused severe damage to your eye, necessitating removal. The business knew the mountings were in need of repair but had not taken action to fix the sign.
To discuss your specific case and find out whether you’re eligible to make a serious injury claim for blindness, please call an advisor on the number above.
How To Prove Your Serious Injury Claim For Blindness
In order to support your serious injury claim, you will need to provide evidence. The evidence you collect can not only show what caused the accident and how it occurred but also show you were injured by a third party breaching the duty of care they owed you. We have included a list of the possible evidence that could be collected to support you claim for blindness below:
- Medical records: It is always advisable to seek medical attention after an accident. Not only is this important for your well-being, but can produce medical records to be used as evidence.
- Video footage: It is a legal right to request a copy of CCTV footage you are in. Following a road traffic accident, you can also acquire copies of dash cam footage if it is available.
- Workplace accident book: Any employer with 10 or more employers must keep an accident book. You can use a copy of your accident report as evidence.
- Witness contact information: Collect the contact details of potential witnesses so they can give a statement during the claims process.
- Proof of monetary losses: Retain documents such as invoices or travel tickets that show you incurred financial losses from your injuries.
For more advice and support in gathering evidence for your claim, you speak to our team. After an advisor has assessed your circumstances and decided you have valid grounds to proceed, one of our solicitors could assist you with building a body of evidence for your claim.
Compensation Payouts For Blindness And Sight Loss
Following a successful claim for blindness, you will receive personal injury compensation. The settlement you receive can consist up of two different heads of claim. General damages, the first of these, are awarded for the physical and psychological impacts of your injuries.
An eye injury lawyer can refer to your medical evidence in conjunction with the Judicial College Guidelines (JCG) to calculate the potential value of your injuries. The JCG is a publication detailing various injuries alongside their guideline award brackets. We have used some of the JCG figures in the table below.
The JCG amounts are not guaranteed payouts. Personal injury claims are assessed on an individual basis. Therefore, we have provided this table for guidance only.
Compensation Table
| Injury | Severity | Description | Amount |
|---|---|---|---|
| Multiple Eye Injuries | Serious | Several injuries to the eyes of a serious nature alongside any financial costs and losses caused by the injuries. | Up to £1,000,000+ |
| Injuries Affecting Sight | Blindness | A complete loss of vision. | In the region of £268,720 |
| Loss of Sight in One Eye, Reduced Vision in Remaining Eye (i) | Cases where there is a serious risk of further deterioration in the remaining eye. This goes beyond sympathetic ophthalmia. | £95,990 to £179,770 | |
| Loss of Sight in One Eye, Reduced Vision in Remaining Eye (ii) | Cases where there is reduced vision and/or additional problems in remaining eye. This can include double vision. | £63,950 to £105,990 | |
| Special Damages | Loss of Earnings | Loss of income, due to time taken off work to recover from injuries, temporarily or permanently, may be reimbursed. | Up to £100,000 and above. |
Special Damages
Special damages, the second head of claim, can be awarded if you have experienced monetary losses due to being injured. Some possible costs that you could seek reimbursement for are:
- Loss of earnings: If you have taken time off work for recovery, you could potentially claim back any pay you lost.
- Out-of-pocket medical costs: This can include any prescriptions you have needed to pay for.
- Travel costs: If you can no longer safely commute via car because of your loss of vision, you could claim the costs of public transport.
- Domestic care and support: For example, assistance with cooking and cleaning, or maintenance of your outdoor space.
Remember to keep copies of any payslips, travel tickets, receipts or other documents as proof of your financial losses.
Call our team to find out what you could potentially receive in compensation following a successful claim for blindness. They can offer a free personalised estimate of your settlement.
Make A No Win No Fee Claim For Blindness With A Loss Of Sight Solicitor
Our team of advisors can assess your particular circumstances and decide if you have a valid claim. If you do, you could then be connected with one of our solicitors, who could offer to take your claim under a Conditional Fee Agreement (CFA), a type of No Win No Fee contract. A CFA presents a number of benefits as you will generally not be met with any fees upfront for the service the solicitor provides. There are also no ongoing fees for their work during your claim.
You will recieve a compensation payout if your loss of sight claim is successful. Your solicitor will automatically take a pre-agreed success fee as a percentage of this compensation, partially to cover the work they have done on your case. The percentage that they can take as a success fee has a legal cap. Therefore, most of the compensation payout will go to you.
If you have any questions about making a claim for blindness or would like an advisor to assess your circumstances, you can speak to a team member via:
- Phone on 0800 073 8804.
- Our “claim online” form.
- Our live chat in the bottom left-hand of the screen.
Sight Loss, Hearing Loss And Related Claims Guides
See some of our other guides looking at claims for sensory impairment:
- See our guide on making a deafness compensation claim.
- Find out more about hearing loss claims.
- Read our case study on claiming compensation for a loss of sight in one eye.
More helpful resources:
- GOV – Statutory sick pay (SSP).
- NHS – Guidance on eye injuries.
- Health and Safety Executive – Personal protective equipment at work.
We appreciate you taking the time to read this guide on making a claim for blindness. Our team of advisors can provide further information on the claims process, or assess your eligibility to start a claim. To speak to an advisor, use the contact information above.
Written by Clark
Edited by Mitchell
