If you’ve sustained injuries from an accident in a public place due to another party breaching the duty of care they owed you, you may be wanting to seek compensation. This guide will provide you with information on how public liability claims payouts are calculated and what they could include following a successful case. We also discuss the eligibility criteria that must be met in order to pursue a personal injury claim as well as the evidence you could gather to support your case.
Additionally, we will look at the duty of care that those in control of a public space should uphold to ensure the safety of those using the space as it was intended. We will also explore the ways in which accidents in a public place may occur and the injuries that could be suffered as a result.
Furthermore, we discuss the benefits of working with a No Win No Fee solicitor to pursue your claim and the services they could potentially offer.
Continue reading to learn more about public liability claims. Alternatively, contact an advisor if you have any other questions whilst or after reading. To get in touch, you can:
Browse Our Guide
- Public Liability Claims Payouts – What Compensation Amount Could You Receive?
- Eligibility Criteria For Public Liability Claims
- How Could An Accident In A Public Place Be Caused?
- Evidence That Could Help You In A Public Injury Claim
- Use No Win No Fee Solicitors To Make A Public Injury Claim
- Learn More About Potential Public Liability Claims Payouts
Public liability claims payouts can differ depending on several factors, such as:
- The severity of your injuries
- The impact your injuries have had on your quality of life
- Whether you have experienced any financial impact
If you make a claim that succeeds, you could receive a payout that comprises up to two heads of loss. General damages, the first head, will compensate for the pain and suffering caused by your physical or psychological injuries, or both.
Solicitors can use the guideline compensation brackets from the Judicial College Guidelines (JCG) to assist them when they are valuing your injuries. They can also use medical evidence provided in support of your claim alongside the JCG.
Compensation Guideline Table
The table below has been created using figures from the JCG. However, as settlements are calculated on an individual basis, you should only use these as a guide.
|Injury||Details||Compensation Brackets - Guidelines|
|Moderate Brain Damage (i)||In these cases, sight, speech and senses are affected. Injuries can cause an intellectual deficit of a moderate to severe nature and there is no employment prospect.||£150,110 to £219,070|
|Less Severe Brain Damage||A good recovery has been made and the person can partake in a normal social life as well as return to work. Some problems with concentration and memory may persist.||£15,320 to £43,060|
|Severe Back Injury (i)||Spinal cord and nerve root damage.||£91,090 to £160,980|
|Moderate Back Injury (ii)||Disturbance of muscles and ligaments which lead to backache.||£12,510 to £27,760|
|Severe Arm Injury||Cases of a serious injury to the brachial plexus that leaves the claimant not much better off than if they had lost the arm completely.||£96,160 to £130,930|
|Less Severe Arm Injury||A significant level of disability has been caused but some recovery will have taken place or will be expected to in the future.||£19,200 to £39,170|
|Severe Neck Injury (iii)||Severe soft tissue damage or ruptured tendons causing chronic conditions and a permanent and significant disability.||£45,470 to £55,990|
|Moderate Neck Injury (i)||Severe and immediate symptoms potentially requiring a spinal fusion from injuries such as fractures and dislocations.||£24,990 to £38,490|
|Severe Leg Injury (iii)||Serious injuries such as compound or comminuted fractures.||£39,200 to £54,830|
|Less Serious Leg Injury (ii)||Cases of a simple femur fracture with no harm suffered to the articular surfaces.||£9,110 to £14,080|
Claiming Special Damages In Public Liability Claims
The second head of loss is special damages, which compensates for the monetary expenses incurred due to your injuries. For example:
- Loss of earnings
- Care costs
- Medical costs
- Travel expenses
- The cost of adjustments to your home or vehicle
However, please note that in order to claim these back, you must provide evidence to prove these losses. This could be in the form of payslips, receipts or invoices.
For more information on how public liability claims payouts are calculated, please get in touch with an advisor on the number above.
Occupiers of public space owe a duty of care which is outlined in the Occupiers’ Liability Act 1957. This means that they must take steps to ensure the reasonable safety of those using the space for the purpose it was intended. If you have sustained harm in a public place accident because this duty wasn’t upheld, you may wonder whether you could pursue personal injury compensation.
In order to make a public liability claim, you must meet the following eligibility criteria:
- You were owed a duty of care from an occupier.
- The duty of care was breached.
- The breach of this duty led to you being injured in an accident.
If you’ve suffered an accident in a public place, call us for a free consultation today to find out whether you could be eligible to proceed with your case.
There are a number of different circumstances in which an accident in a public place can occur and several subsequent injuries that could be sustained. Here are some examples:
- You could slip on a wet floor that had no warning sign present. As a result, you could experience an arm injury or a leg injury.
- You may fall from a height due to leaning on a set of faulty railings. This could mean that you sustain a back injury or a neck injury.
- You may be at a supermarket and a shelf falls on top of you due to it being installed incorrectly. As a result, you are left with a head injury.
The nature of the injuries sustained, including how severe they are and how badly they have affected your life, will be considered when valuing public liability claims payouts.
To discuss your specific case and find out more about the factors that could influence your potential settlement, call our team on the number above. You can also find out whether you’re eligible to begin a claim.
When pursuing a claim for an accident in a public place, gathering evidence can help prove that the duty of care owed to you was breached by the occupier, and that this resulted in you becoming injured. Additionally, it can provide an insight into your injuries and may be used to calculate the value of public liability claims payouts. As such, you might benefit from gathering the following:
- CCTV footage from the accident
- Photographs of your injuries and the site where the accident took place
- Copies of your medical records e.g. X-rays or scans
- Contact information from any witnesses who may be willing to corroborate the events of the accident at a later date
- A diary of all symptoms and treatments to illustrate your physical and mental state from after the incident occurred
A solicitor from our panel could assist you in gathering evidence and building your case, as well as ensuring it is presented within the relevant time limit. To find out whether you could instruct them to begin work on your case, contact an advisor on the number above. Alternatively, continue reading to learn about the terms under which they can offer their services.
If you choose to work with a No Win No Fee solicitor from our panel, they could offer you a Conditional Fee Agreement. This is a particular kind of No Win No Fee contract allowing you to access your solicitor’s services without paying upfront, while your case progresses, or if your case fails.
A small percentage of your compensation will be paid to your solicitor if your case succeeds. This is subject to a legal cap ensuring you keep the most of your payout.
For further guidance on public liability claims payouts, eligibility for personal injury claims and working with our panel of solicitors on a No Win No Fee basis, please contact an advisor. To reach them, you can:
Here are some guides we have included that may prove useful:
- Read about the personal injury claims time limit to understand how long you have to initiate legal proceedings.
- Learn if you could seek compensation for a brain injury following an accident that wasn’t your fault.
- Find out about the process of claiming compensation after suffering a concussion and what you could receive.
For more external resources:
- An NHS guide on when to call 999.
- A Government guide on statutory sick pay.
- Information on preventing falls from the Royal Society for the Prevention of Accidents.
Thank you for reading our guide on public liability claims payouts. If you have any other questions, please contact an advisor on the number above.
Writer Laura Smith
Editor Meg McConnell