This guide will explore the time limit for public liability claims. There is a certain time frame in which you need to start legal proceedings for personal injury claims, and some exceptions that could potentially apply. As you move through this guide, you can find more information on the limitation period, as well as the eligibility criteria for starting a claim for a personal injury.
Additionally, we discuss the duty of care owed by occupiers and the ways an accident in a public place could occur if this duty is not upheld.
We also discuss how your public liability claim settlement could be assigned a value and what it could include if successful. Then, we will examine what evidence you could use to support your case.
Finally, this guide will outline the benefits of instructing a solicitor on a No Win No Fee basis.
To find out the validity of your case and learn more about public liability claims, contact an advisor today. You can do so by:
- Phoning us up on 0113 460 1216
- Enquiring about making a claim online
- Speaking with us directly using our website live chat feature
Select A Section
- Information About The Time Limit For Public Liability Claims
- What Is The Eligibility Criteria For Making A Public Injury Claim?
- Potential Compensation From Accidents In Public Places
- Evidence That Could Help You Claim Public Liability Compensation
- Make A Public Liability Claim On A No Win No Fee Basis
- Read More About The Time Limit For Public Liability Claims
Information About The Time Limit For Public Liability Claims
To pursue personal injury compensation, you must adhere to the time limit for public liability claims. Generally, you have three years to initiate your personal injury claim from the accident date. This can be found in the Limitation Act 1980.
However, there are some exceptions to this general rule. For example, if someone cannot act for themselves due to lacking mental capacity, the time limit is paused and the courts could instruct a litigation friend to make the claim for them during this period. Yet, in circumstances where someone gains the capacity to act for themselves, the claimant will have three years to begin their claim from the recovery date if no case has been initiated.
Furthermore, in scenarios where someone under the age of 18 is injured, the time limit is paused and the courts could again appoint a litigation friend during this time. Alternatively, the individual could wait for their 18th birthday to act for themselves, and they would then have three years from this date to begin their personal injury claim.
Contact our team of advisors now to learn more about the time limit and exceptions.
What Is The Eligibility Criteria For Making A Public Injury Claim?
In addition to the time limit for public liability claims, you must satisfy the eligibility criteria to pursue personal injury compensation. Under the Occupiers’ Liability Act 1957, parties in control of a public place (known in law as ‘occupiers’) have a duty of care. This requires them to take steps that ensure the reasonable safety of visitors who use the space for it’s intended purpose.
To make a public liability claim, you need to show:
- A duty of care was owed to you.
- This duty was breached.
- You suffered an injury as a result.
These three points lay the foundation of negligence in personal injury claims. Negligence must be proven in order for you to have valid grounds to proceed with your case.
How Could An Accident In A Public Place Be Caused By Third-Party Negligence?
There are several ways an accident in a public place could occur as a result of an occupier breaching their duty of care. For example:
- You could suffer an accident in a supermarket after slipping on a wet floor due to no warning signs being displayed, causing you to sustain a neck injury.
- You might cut your hand on some broken glass in an accident in a pub that was reported but not cleaned up in a reasonable time frame.
- You could experience an accident in a park as you trip and fall over some cracked paving stones that were reported multiple times but no action was taken to address the hazard, meaning you suffer a knee injury.
To discuss your specific case, please contact an advisor on the number above. They can provide further guidance on the eligibility criteria for public liability claims.
Potential Compensation From Accidents In Public Places
If you satisfy the eligibility criteria and start legal proceedings within the time limit for public liability claims, you could seek compensation for the harm you sustained. Following a successful claim, you could be awarded a settlement that includes two kinds of damages. The first is known as general damages, which compensate you for the pain and suffering your injuries have caused. To determine the level of general damages you could receive, many factors will be taken into account, including:
- The severity of your injuries
- The impact on your quality of life your injuries have had
- Your recovery timescale
Legal professionals can use the Judicial College Guidelines (JCG) to help work out the value of general damages. The JCG is a document that produces guideline compensation brackets for different injuries.
We have included a selection of the guideline brackets from the JCG in the following table. However, you should only use these as a guide because settlements can differ.
Compensation Table
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Neck | Severe (i) | In the region of £148,330 | Incomplete paraplegia or little to no movement in the neck with severe headaches. |
| Moderate (i) | £24,990 to £38,490 | Fractures or dislocations causing severe immediate symptoms and potentially requiring spinal fusion. | |
| Arm | Severe | £96,160 to £130,930 | Falling short of an amputation but leaving the person little better off. |
| Less Severe | £19,200 to £39,170 | Significant disabilities but with a substantial degree of recovery expected. | |
| Chest | Traumatic Injury to Chest, Lung(s) and/or Heart | £65,740 to £100,670 | Causing permanent damage, impaired function and the reduction in a persons life expectancy. |
| Single Penetrative Wound | £12,590 to £17,960 | Causing some permanent tissue damage without any significant long term effects on lung function. | |
| Knee | Severe (ii) | £52,120 to £69,730 | Leg fracture extending into the knee joint causing constant pain and permanent movement limitations. |
| Severe (iii) | £26,190 to £43,460 | Less severe disabilities with continuous pain and instability. | |
| Toe | Amputation of The Great Toe | In the region of £31,310 | The complete loss of the great toe. |
| Severe Toe Injuries | £13,740 to £21,070 | Severe crush injuries, requiring the amputation of one or two toes, excluding the great toe. |
Claiming Special Damages After A Public Place Accident
The second kind of damages is special damages. This compensates you for the reasonable losses you incur in the past and future due to your injuries. You should keep evidence to ensure you’re fully compensated for your losses. For example:
- Receipts to show travel expenses.
- Invoices to show the cost of care at home.
- Payslips to show any lost income.
Contact one of our advisors now to receive a free valuation of your public liability claim.
Evidence That Could Help You Claim Public Liability Compensation
In addition to ensuring you meet the eligibility criteria and initiating legal proceedings within the time limit for public liability claims, you should gather evidence to support your case. Evidence can help prove that an occupier breached the duty of care they owed to you and caused you to become injured in an public place accident. As such, it may benefit you to gather:
- Copies of your medical records
- Injury and accident photographs
- CCTV footage
- Witness contact details
- Diary notes of your symptoms
If your public liability claim is eligible, a solicitor from our panel may be able to help you gather evidence to build your case as part of the helpful services they offer. To find out more about working with them, please call an advisor on the number above.
Make A Public Liability Claim On A No Win No Fee Basis
There are several benefits to working with a solicitor who has experience handling claims for accidents in a public place. For example, they can ensure your case is put forward in full within the time limit for public liability claims. Additionally, they can value your settlement and provide regular updates on the progress of your case.
If you wish to seek legal representation and have a valid case, you could choose to instruct a No Win No Fee solicitor from our panel. They offer a Conditional Fee Agreement which typically means no fees for the solicitor’s work will be required at the start of your claim, as it proceeds, or if it fails.
If your claim succeeds, a success fee will be taken from your compensation. However, this is taken as a percentage which is subject to a cap as per the law.
For further guidance about making a personal injury claim and whether a solicitor from our panel could provide assistance, please contact an advisor. You can do so by:
- Phoning us up on 0113 460 1216
- Enquiring about making a claim online
- Speaking with us directly using our website live chat feature
Read More About The Time Limit For Public Liability Claims
To read more of our helpful articles, please look below:
- Learn how to claim personal injury compensation following an accident in a restaurant.
- Find out if you’re eligible to claim for an accident in an airport and the process of doing so.
- Read our guide to find out if you could make a claim for an arm injury.
For some external resources, please look here:
- A Gov UK Guide about statutory sick pay
- Information from the NHS about when to call 999
- A campaign on fall prevention from the Royal Society for the Prevention of Accidents
We hope this guide has answered your questions about the time limit for public liability claims. If you require any further information, please call an advisor on the number above.
Writer Will Grey
Editor Meg McConnell