Injury Claims Against the Council

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If you were injured on council-owned or council-maintained land and believe it may have been caused by the local authority failing to take reasonable steps to keep the area safe, you may be able to make a claim. Our specialists in Personal Injury claims can guide you through the process and help you gather the evidence needed to support your case.

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Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010

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Expert legal support for injury compensation claims against the council

Local authorities are responsible for managing and maintaining many public spaces, including roads, pavements, parks, playgrounds, car parks, leisure centres, and public buildings. They have a legal duty to take reasonable steps to keep these areas safe for people using them. Where that duty may have been breached and someone is injured as a result, it may be possible to bring a claim.

Simpson Millar is a national firm that has been recognised in the Legal 500 and Chambers & Partners. We also hold a Law Society's Personal Injury Accreditation and our solicitors are APIL members that have recovered millions of pounds in compensation in claims against councils across England and Wales. We act on a No Win, No Fee basis in most cases, and offer a free, no-obligation initial claim assessment.

To speak to one of our experts about a claim against a council, call 0800 260 5010 or request a callback.

When is the council legally responsible?

Local authorities are responsible for maintaining public highways, including many roads and pavements, under the Highways Act 1980. They are expected to carry out reasonable inspections and repairs to help keep these areas safe. Where a council fails to identify, inspect, or repair a defect within a reasonable time, and someone is injured as a result, it may be possible to make a claim.

Councils are also responsible for many public spaces, including parks, leisure centres, playgrounds, and public buildings. As occupiers of these premises, they owe visitors a duty of care under the Occupiers' Liability Act 1957. A foreseeable hazard left unaddressed that results in a visitor's injury may result in a compensation claim.

Physiotherapist working with young male patient

Types of injury claims against a council

Our Personal Injury Solicitors have successfully brought compensation claims against councils for:

  • Accidents caused by potholes, damaged pavements, defective kerbstones, broken drain covers, tree root damage, and other defects on council maintained roads, footpaths, and cycle lanes, including incidents involving pedestrians, cyclists, and motorcyclists
  • Accidents in parks, public playgrounds, and council leisure centres with unsafe equipment or surfaces
  • Slips on icy roads or footpaths where reasonable gritting or winter maintenance may not have been carried out
  • Injuries from branches falling from council-maintained trees
  • Accidents in council-owned car parks involving poor lighting or defective surfaces
  • Falls on broken handrails or defective stairs in council buildings
  • Child injuries in maintained playgrounds and outdoor sports areas
  • Injuries to council employees where the authority failed its health and safety obligations

Pothole claims against councils are among the most common types of claims we deal with. Our dedicated pothole accident claims service covers the specific evidence requirements and the council's defences in detail.

Injury categories & compensation ranges - Judicial College Guidelines 17th Edition

Injury Category Typical Description General Damages Range (£)
Minor Injuries Full recovery less than 7 days A few hundred to £840
Minor Injuries Full recovery less than 28 days £840-£1,680
Minor Injuries Full recovery less than 3 months £1,680-£2,990
Back Injuries Minor (recovery within 3–12 months) £2,990-£5,310
Back Injuries Moderate (muscle/ligament, long recovery) £15,260-£33,880
Back Injuries Severe (disc/root damage, chronic pain) £47,320-£196,450
Brain & Head Injuries Minor head/brain £2,690-£15,980
Brain & Head Injuries Less severe ABI £18,750-£52,550
Brain & Head Injuries Moderate ABI £52,550-£267,340
Orthopaedic Injuries 6–7 month knee injury £2,750
Orthopaedic Injuries Minor leg injury (few months) £2,990
Orthopaedic Injuries 12 months wrist injury £5,790
Orthopaedic Injuries 12 months elbow injury £4,310
Orthopaedic Injuries Minor hip (full recovery) £4,820

*ABI (Acquired brain injury)

Compensation amounts are taken from the Judicial College Guidelines (18th edition). These guidelines are used by courts, solicitors and insurers in England and Wales to assess compensation in personal injury claims.

 

Personal injury claim process

    1

    Gathering evidence and finding out Who is responsible

    Once we have taken your initial instructions, your claim will be passed to a Personal Injury Solicitor who specialises in the type of claim you are pursuing.  We’ll then figure out who exactly is responsible for the injury you’ve suffered.

    2

    Medical assessment

    If the other party admits fault for the accident, your Personal Injury Lawyer will get your medical records and get you examined by a suitable medical professional. The expert will review your records, examine you and write a medico-legal report. This report will be written by either a doctor or another type of health professional, for legal proceedings. It’s an essential document when it comes to evidence, as it’ll be used to explain what your physical or mental injuries are. If you have more than one injury, you could be examined by multiple different experts.

    3

    Working out the compensation claim amount

    When the medical evidence is finalised and your Personal Injury Solicitor has calculated how severeyour financial losses are, they will figure out the value of your claim and then advise you on the sum of the compensation settlement offer you should make to the other party. In some cases, your Personal Injury Solicitor might advise you to invite the defendant to make a settlement offer, instead of making one to them.

    4

    Personal injury settlement agreement

    Ideally, the other party who is responsible for the injury you sustained will accept that they’re at fault or they’ll want to negotiate a settlement outside of Court.

Why choose Simpson Millar?

Claims against local authorities often require detailed evidence about how a defect arose, whether the council knew or should have known about it, and what steps were taken to address it. Our team has experience obtaining and reviewing the inspection records, maintenance logs, complaint histories, and other evidence needed to investigate these claims.

Where appropriate, we work with independent highway engineers and medical experts to build a clear picture of how an accident happened and the impact it has had on your life. For children injured on council land, we can support families through the litigation friend process and, where an injury affects a child's education, our Education Law team can provide separate advice on issues such as school attendance and special educational needs.

To discuss your circumstances and arrange a free initial claim assessment, call 0800 260 5010 or request a callback. There is no obligation to proceed.

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FAQs

Possibly. Whether a claim may be possible will depend on factors such as the nature of the defect, whether the council was responsible for maintaining the area, and whether it had a reasonable opportunity to identify and repair the hazard.

Possibly. If you contributed to the accident, the law may treat this as contributory negligence. This means that any compensation awarded could be reduced to reflect your share of responsibility. Being partly responsible does not automatically prevent you from making a claim.

Yes. A parent, guardian, or another suitable adult can usually bring a claim on behalf of a child as their litigation friend.

Under the Limitation Act 1980, the usual three year time limit for making a personal injury claim does not begin until a child's 18th birthday. This means a claim can usually be brought on a child's behalf at any time before they turn 18. If no claim has been made by then, they will normally have until their 21st birthday to bring a claim themselves.

In most cases, you have three years from the date of the accident to start a personal injury claim. Different rules may apply in some circumstances, including claims involving children.

Although the legal time limit is often three years, it is usually best to seek advice as soon as possible. Defects may be repaired quickly, CCTV footage may be deleted, and other evidence can become harder to obtain over time.

If possible, try to gather:

  • Photographs of the defect and the surrounding area.
  • Details of any witnesses.
  • Medical records relating to your injuries.
  • Records of the accident being reported to the council and any acknowledgement received.
  • Evidence of any financial losses caused by the accident

Depending on the circumstances, maintenance records, inspection logs, CCTV footage, and previous reports of the defect may also be relevant. If CCTV footage may have captured the accident, it is important to act quickly, as recordings are often deleted or overwritten after a relatively short period. Our team can help obtain relevant evidence as part of investigating a potential claim.

Call 0800 260 5010 or request a callback. We can discuss what happened, explain the evidence that may be needed, and help you understand the steps involved in bringing a claim against a local authority. Your initial claim assessment is free and there is no obligation to proceed.

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Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010

Did the accident happen in England or Wales?