Claiming Compensation from a Local Council

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Claiming Against the Council for Injuries and Negligence

If you are injured due to the negligence of your local council, you have the right to claim compensation for your injuries. Many people feel that councils already have enough to deal with, without having to pay for the trips and falls of others. However, it is worthwhile pointing out that councils have an obligation under law to keep public areas free of hazards at all times. If they fail to do this they are liable.

Generally councils prefer it if those seeking compensation contact them directly to try and come to an amicable solution. The onus is on the injured person to show that the council involved had breached the Highways Act 1980 or another suitable piece of legislation. Proving this can be difficult as simply showing that an injury has occurred is not usually enough evidence of wrongdoing on the part of the council.

Passing your case on to a claims company can make the whole claims procedure easier and may lead to a better result. However if you wish to approach it yourself most councils follow a similar procedure for those who want to make a claim:

You will be required to fill in the appropriate forms which may be available online.
You will receive acknowledgement of your claim from the council within three weeks and a claims handler will be assigned to you.
The council will carry out an investigation and will let you know if they are liable within three months.
You may need to provide supplementary evidence such as photos and witness statements.
Once this has taken place you will be told what your compensation payment will be. This should take into account such things as damage to your vehicle, pain and anguish, mental problems which have happened as a result and payment for loss of income.

You will need to supply details of how much money you feel you have lost as a result of your injury. This might include payslips, mechanics receipts, insurance quotes, taxi receipts and so on. Your medical records may also be examined if you have been injured.

If this process is not suitable for you, you may be wise to consider taking the case to court with the help of a personal injury lawyer with experience in dealing with councils.

One of the most common types of accidents which leads to a claim for compensation from the council have to do with pot holes. Councils are required to keep a close eye on potholes and once they are informed of one, they should inspect it, catalogue it and have a timetable for fixing it.

Unfortunately councils in this country are underfunded when it comes to fixing potholes and it is less of a priority than other issues. However with the cold weather which the UK often experiences, potholes are becoming more of an issue than ever.

A pothole can cause serious damage to the wheels of cars and can even lead to accidents and collision when people try to avoid driving over them. Cyclists are also very vulnerable to potholes and many have been seriously hurt after being thrown from their cycle when they ride over one.

If a pothole is the cause of your injury or damage to your car and you want to claim compensation you need to take photos of the pothole and measure it. You should then ask your council how often the road is inspected and find out if they knew about this pothole. There may be discrepancies between what the council are supposed to do when they are informed of a pothole and what actually happened. This is where you will get your compensation.

It can be tricky dealing with a council as they are big organisations with many lawyers and rules. So, if you don't want to go it alone you should contact a claims company to point you in the right direction.

Other popular articles related to this one include: Compensation from the Council, Slip and Fall Accidents Compensation, Fall Accident Injury, Slip Trip and Fall Compensation, Slip Accident Injury, Trip and Fall Accident Claims, Fall Accidents and Injuries, and . Please let us know if you find any errors.

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