This guide offers information about how to make a serious injury compensation claim for blindness. In the following sections, we will explore who might be eligible to start a personal injury claim. We also examine the laws which outline the duty of care that certain parties owe you in the workplace, the roads and public places as well as offer some examples of how this duty could be breached leading to an accident that causes sight loss.
Making A Serious Injury Claim For Blindness
Later in our guide, we discuss the evidence you could gather to support your case and how a solicitor could assist you in building a strong serious injury claim. Furthermore, we provide an example case study to illustrate the steps you could take to seek compensation for your injuries.
Additionally, we discuss how settlements awarded following a successful claim are calculated, what they comprise, and how they aim to address the different ways you have been affected by your injuries.
You can discuss your potential claim with an advisor for free. They can offer information and advise 24/7. To reach them, you can:
- Call on 0113 460 1216
- Contact us online.
- Talk to an advisor using our live chat function below.
Choose A Section
- Eligibility Criteria When Making A Serious Injury Claim For Blindness
- Evidence That Could Help You Claim For A Serious Injury
- Case Study: £2 Million Payout For Eye Loss Compensation
- How Much Compensation For A Serious Injury Claim For Blindness?
- Claim Eye Loss Compensation On A No Win No Fee Basis
- Read More About Serious Injury Claims
Eligibility Criteria When Making A Serious Injury Claim For Blindness
To have a valid personal injury claim, you need to demonstrate the following occurred:
- A third party owed you a duty of care.
- They breached this duty of care.
- The breach of duty caused you to sustain an injury.
Under tort law, these three points define negligence. If you have evidence that demonstrates negligence occurred, you could be eligible to seek compensation.
In the following sections, we look at the laws that outline the duty of care different third parties, including employers, occupiers, and road users, owe and give some general examples of how it could be breached.
Accidents At Work
Employers owe a duty of care to their employees as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). It requires them to take reasonable steps to prevent employees from suffering harm as they work. Below are some examples of how a serious eye injury could happen because of a breach of this duty:
- Failure on the part of the employer to check the safety of tools and machinery could mean that one malfunctions and an employee’s is hit by a moving object and struck in the eye.
- Failure to provide correct and necessary personal protective equipment (PPE) when working with hazardous substances, such as eye goggles, results in chemicals splashing on the face and eyes.
Road Traffic Accidents
Road users have a duty of care towards all other road users to operate their vehicles and navigate the roads in a way that prevents causing harm or damage to themselves and others. In order to comply with this duty, road users need to adhere to the Road Traffic Act 1988 and the rules detailed in the Highway Code. Failure to do so could result in a serious road traffic accident that causes an eye injury. For example:
- Another motorist could collide with you in a head-on collision after failing to check it was safe to overtake on a narrow road. As a result, the windshield and windows smash and broken glass punctures your eye.
- You suffer a head injury which leads to sight loss after a speeding driver knocks you from your bike in a cycling accident.
Accidents In A Public Place
Those in control of public spaces are called occupiers and they also owe a duty of care as outlined in the Occupiers’ Liability Act 1957. It requires them to ensure the reasonable safety of anyone who visits the space they are in charge of. A failure to uphold this duty of care could result in you sustaining a serious eye injury leading to blindness. For example:
- A non-signposted spill leads to an accident in a supermarket in which you slip, trip and fall causing you to sustain a severe head injury which results in partial blindness.
- A fall from a height could occur in an accident in a shop due to a faulty handrail that wasn’t fixed in a timely manner. This could result in you sustaining serious eye socket damage that leads to temporary loss of sight.
To discuss the specifics of your case and find out whether you’re eligible to make a serious injury claim for blindness, please speak to an advisor by calling the number above for free.
Evidence That Could Help You Claim For A Serious Injury
Evidence can help prove a personal injury claim by demonstrating that third-party negligence occurred. With this in mind, the following is useful to provide:
- Dashcam or CCTV footage.
- A diary that details your treatment and symptoms.
- Copies of medical records, such as X-rays and other scans.
- If the accident happened at work, a copy of the incident report from the workplace accident book.
- Photos of the accident scene and any visible injuries.
- Witness contact details so that a statement can be taken at a later date.
A solicitor from our panel could potentially assist you in building your case. They have years of experience handling serious injury claims and could guide you through the process of seeking compensation. Find out more about their services and whether they could help you by calling the number above.
Case Study: £2 Million Payout For Eye Loss Compensation
The following case study is a figurative example and is intended only to illustrate the claims process.
Mr. Richards suffered total blindness after a fall in the workplace. His employer failed to provide him with training on how to work from a height safely. As a result, he fell and sustained multiple serious injuries at work, including moderate brain damage which led to permanent sight loss.
Due to the severity of his multiple injuries, Mr Richards was unable to return to work and support himself. In addition to this, he required constant care at home.
After consulting with a personal injury solicitor, he decided to take legal action and claim against his employer. Working together, they were able to gather a substantial amount of evidence in the form of CCTV footage, witness statements, and workplace documents that illustrated the lack of training. Additionally, the solicitor arranged for Mr. Richards to attend an independent medical assessment to assess the full extent of the injuries he sustained. The medical report from this assessment helped when assigning a value to his injuries.
Ultimately, Mr. Richards was successful in his serious injury claim for blindness and received a settlement of £2 million. This comprised compensation for his pain and suffering, as well as the financial losses incurred as a result of the harm he sustained.
Our advisors are available to discuss your potential claim and determine whether an experienced solicitor from our panel could help you. Call the number above to find out more.
How Much Compensation From A Serious Injury Claim For Blindness?
A serious injury claim for blindness that is successful can be made up of two types of damages. General damages is the head of claim that compensates for the pain, suffering and other effects caused by the injuries. This includes physical and/or psychological injuries.
To apply a value to this head of loss, legal professionals may refer to medical reports and publications such as the Judicial College Guidelines (JCG). This publication offers guideline award brackets for various injuries differing in severity.
Guideline Compensation Brackets
The table contains JCG amounts. However, you should use these as a guide only because the value of each claim will vary according to its own set of circumstances.
| Injury Type | Severity | Definition | Award Bracket |
|---|---|---|---|
| Multiple Injuries | Serious | Compensation for several serious multiple injuries as well as the financial losses incurred as a result. | Up to £1 million plus. |
| Eye | Total Blindness (b) | Loss of sight in both eyes. | In the region of £268,720 |
| Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (c) (i) | Serious risk of further deterioration in the remaining eye. This goes beyond the risk of sympathetic ophthalmia. | £95,990 to £179,770 | |
| Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (c) (ii) | Reduced vision in remaining eye with or without additional problems, such as double vision. | £63,950 to £105,990 | |
| Special Damages | Loss of Earnings | Compensation aimed at reimbursing for lost income due to missed work because of your injuries. | Up to £100,000 plus |
Claiming Special Damages As Part Of Your Loss Of Sight Compensation
The second head of claim is called special damages. This awards compensation to reimburse you for financial losses and monetary expenses caused by your injuries. For example:
- Current and future loss of earnings if you are unable to work.
- The cost of adaptations to your home.
- Domestic care costs.
- Travel costs, such as taxis or buses to and from medical appointments due to you being unable to drive.
- Medical care costs.
It is important that you present evidence to prove these losses. This can come in the form of wage slips, bank statements, invoices and receipts.
An advisor from our team can assess the value of your claim for free and provide an accurate estimate of what you could potentially be owed. They can also provide further guidance on how settlements are calculated. Call for more information by using the number at the top of the page.
Claim Eye Loss Compensation On A No Win No Fee Basis
Our advisors offer a free eligibility case check for free and if they find you have a valid grounds to continue with your claim for blindness, they could connect you with an experienced serious injury solicitor from our panel to assist you in seeking compensation.
The solicitors are able to offer their services under a version of the No Win No Fee contract called a Conditional Fee Agreement (CFA). There are several notable advantages to working with a solicitor under a CFA. For example, typically:
- You will not be charged for any upfront fees for your solicitor to begin working on your case.
- During the claim, your solicitor will not charge for the work that they do on your claim.
- In the event of a successful claim, a small and legally capped percentage of your compensation is paid to your solicitor as a success fee. This amount can be discussed before any work starts on your case.
- You will not owe your solicitor a success fee if the claim fails.
For more information on serious injury claims and whether a solicitor from our panel could assist you, please get in touch for free using the contact details provided below:
- Call on 0113 460 1216
- Contact us via the website.
- Message an advisor on our live chat function below.
Read More About Serious Injury Claims
More of our guides:
- Find out about your rights after an accident at work including when you could be eligible to make a personal injury claim.
- Discover whether you could seek compensation following a building site accident that caused you to sustain harm.
- Learn more about how eye injury claim amounts are calculated in successful personal injury claims.
External Help:
- Government advice on statutory sick pay (SSP) if you cannot work.
- Guidance on vision loss from the NHS.
- Information about using PPE at work from the Health and Safety Executive.
Thank you for reading our guide about when you could be eligible to start a serious injury claim for blindness. If you have any other questions, call an advisor on the number above.