Council Accident Compensation Claims

By Jo Anderson. Last Updated 28th April 2025. Within this guide, we will discuss personal injury claims against local authorities. We will explain the duty of care that local authorities owe you and how to sue the council.

Additionally, we will share the different heads of claim you could be awarded as part of your compensation settlement if your claim is a success. We will also discuss the time limits that must be adhered to when starting legal proceedings.

Furthermore, we will provide some of the benefits of making a personal injury compensation claim with one of our No Win No Fee solicitors.

If you have any questions regarding how to sue the council for negligence or would like free advice for your case, you can contact our advisors. They are available 24/7 and can be reached via the following methods:

Construction work on a public pavement. If there are no signs to warn you of the construction site, you may injure yourself and question how to sue the council

Choose a Section

  1. How Much Compensation Could You Receive From Suing The Council For Negligence?
  2. Council Accident Compensation Claims Criteria
  3. Steps To Take If You Are In A Local Authority Or Council Accident
  4. Examples Of Council Accident Compensation Claims
  5. What Is The Time Limit For Suing The Council?
  6. How To Sue The Council On A No Win No Fee Basis
  7. Helpful Links Regarding A Claim Against The Council

How Much Compensation Could You Receive From Suing The Council For Negligence?

If you’re eligible to claim compensation from the council for injuries sustained due to their negligent actions, your payout could include general damages and special damages.

General damages is a head of claim that would compensate you for the suffering and pain of your injuries, both physical and mental.

When calculating general damages for council compensation claims, those responsible for doing so may refer to the results of an independent medical exam in conjunction with the Judicial College Guidelines (JCG). This is a publication which provides guideline compensation brackets for various injuries at different severities. The table below includes figures from the JCG. However, these should only be used as guidance. The first entry is not taken from the JCG.

The reason for claiming compensationGuideline compensation amountSome extra comments
Multiple Severe Injuries and Related CostsUp to £500,000+Settlements may compensate for more than one injury and related expenses including lost wages and nursing care.
Back injury - severe (i) (a) £111,150 to £196,450Cases range from disc fractures to the very worst injuries, i.e. nerve root damage and spinal cord damage.
Back injury - moderate (i)£33,880 to £47,320Such cases can include soft tissue injuries, muscle and ligament disturbance, and residual disability of a much lesser severity than the next category.
Ankle injury - very severe (a)£61,090 to £85,070Injuries that classify as very severe are unusual and limited. This includes instances of transmalleolar ankle fractures with lots of damage to the soft tissue.
Ankle injury - severe (b)£38,210 to £61,090This is an injury whereby the person has had plates and pins inserted, or they have spent a long period of time in a plaster, or they have needed treatment for an extensive period.
Ankle injury - moderate (c)£16,770 to £32,450The claimant will typically have suffered a ligamentous tear or fracture, which will result in a less serious disability. This could mean that the person experiences awkwardness while using stairs or they find it challenging to walk on ground that is not even.
Ankle injury - modest (d)Up to £16,770This is a less serious, undisplaced or minor fracture, ligamentous injury, or sprain.
Wrist injury - very severe (a)£58,710 to £73,050This results in injuries whereby the person has experience total loss of function to the wrist.
Wrist injury - moderate (c)£15,370 to £29,900The person will experience a degree of stiffness and persisting pain, yet this is of a lesser degree.

As well as general damages, you may receive special damages for a successful claim. This head of claim compensates for out-of-pocket expenses caused by your injuries. These could include:

  • Care costs
  • Travel expenses
  • Loss of income
  • Medical expenses

You will need documentary evidence to support your claim for special damages. Pay slips, bank statements and receipts could be useful in supporting compensation claims against local councils that include special damages. To learn more about what your payout could include, you can contact an advisor.

Council Accident Compensation Claims Criteria

If you are wondering how to sue the council for an injury, you must show that you’ve suffered negligence. Negligence is the combination of the council breaching their duty of care, and you being injured.

The council owes you a duty of care under the Occupiers’ Liability Act 1957 when you are using a public space they are in control of, such as a public park. In this instance, the council must take steps to ensure your reasonable safety. If they fail to do so and you suffer either a psychological or physical injury as a result, you may be able to pursue a personal injury claim.

As such, here are the claims eligibility criteria:

  1. The local council owed you a duty of care as you were lawfully on their premises.
  2. The local council breached their duty of care because they did not take the expected steps to ensure reasonable safety.
  3. As a direct result of this breach, you were injured.

To learn more about council compensation payouts in the UK, and to confirm your claim eligibility, please contact us.

Steps To Take If You Are In A Local Authority Or Council Accident

If you want to make a personal injury claim, you need to have enough evidence to establish that negligence occurred.

Some examples of evidence that you can use to help you sue the council for emotional distress in the UK and any physical injuries caused include:

  • Photographs: For example, if you were injured by a loose paving stone, taking a picture of this can help prove your claim. It can also be helpful to take pictures of any visible injuries.
  • CCTV footage: Similar to the above, video footage of the accident can be used to help prove your claim.
  • Witness statements: If you take down the contact details of anyone who witnessed the accident, they may be able to give a statement to a professional later.
  • Medical records: It’s important to seek medical attention if you’re injured. This is for your own health, but it can also help your claim. Details of your injuries and treatment found in your medical records can be used to help prove your case.

This might seem daunting, but a professional can help. One of the benefits of making a claim with the help of a solicitor is that they can gather evidence for you by talking to witnesses, collecting photographs, and arranging an independent medical assessment. The report generated from this assessment can be used to verify that the injuries you suffered were caused by the accident for which you’re claiming.

To find out how one of our solicitors could help you prove a claim against the local council or authority, contact our team.

Examples Of Council Accident Compensation Claims

There are many situations you may find yourself in when the council owes you a duty of care. However, breaching this duty may result in you sustaining an injury, and you may be entitled to a council compensation payout.

Below are some examples of the types of accidents and injuries the council may be responsible for if they breach their duty of care.

Pavement accidents:

The council is responsible for ensuring all pavements are safe for all who may use them. Therefore, if a pavement defect is reported to the council, they must fix the problem to prevent the public from sustaining injuries.

For example, you may be walking along a pavement and fail to see a raised paving slab as leaves cover it. If this caused you to trip over, resulting in your arm becoming fractured, you may be eligible to sue the council.

Pothole accidents:

The council is also responsible for keeping our roads safe and hazard-free to prevent road traffic accidents and injuries they may cause to road users. Therefore, if there is a defect in a road, such as a surface deterioration, it is the council’s responsibility to resolve the problem.

For example, a pothole may have been reported to the council. If they failed to mark it or fill it in, and this resulted in your car accident, causing a leg crush injury, you may be eligible to make a claim. This is because they failed to keep the roads in a safe condition, causing your injury.

Public park accidents:

The council also has a duty of care to maintain the safety of public parks and playgrounds to prevent visitors from becoming injured whilst using them. If hazards arise that may place visitors in danger, the council is responsible for fixing them.

For example, a child may be playing on a swing that was not correctly secured. If this resulted in the child falling off and sustaining a head injury, the council may be held liable for breaching their duty of care.

There are many scenarios you may find yourself in when the council owes you a duty of care. If you become injured because of their negligent conduct, our solicitors may help you claim compensation.

To start your claim today or to learn more about how to sue the council, contact our helpful advisors today.

What Is the Time Limit For Suing The Council?

Typically, you have 3 years to start a claim against the council for negligence. This time limit begins from the date of injury, as outlined by the Limitation Act 1980. 

However, there are exceptions in cases involving a person who is:

  • Below the age of 18
  • Incapacitated to the extent that they cannot make decisions for a claim

Under these circumstances, the time limit is frozen. They may be able to claim at a later date, or a litigation friend can proceed on their behalf. This term refers to an eligible person who represents the claim in the interest of someone who cannot represent themselves.

Those who can act as a litigation friend include:

You can contact an advisor for free today to find out more information about the time limit for your case. They can also address any other queries you may have about how to sue the council. If you are eligible, they could connect you to an expert No Win No Fee solicitor who can draw on a wealth of experience to help you gain compensation.

How To Sue The Council On A No Win No Fee Basis

If you are eligible to claim compensation from the council for a personal injury, one of our solicitors could offer to assist you under a No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA). Under a CFA:

  • There isn’t anything to pay upfront for your solicitor’s work.
  • Also won’t be ongoing payments towards your solicitor’s services.
  • If the claim is not successful, your solicitor won’t take a fee for their work.
  • You only pay a fee if your claim succeeds. This is known as a success fee and your solicitor will deduct it directly from your compensation. Furthermore, a legal limit applies to the percentage taken as this fee. Thus ensuring, that you get to keep the majority of your compensation.

To check whether one of our No Win No Fee solicitors could help you, or to ask questions about council compensation payouts, please contact an advisor. They can evaluate your claim for free, and answer any questions you might have about the claims process. To get started:

Helpful Links Relating To A Claim Against The Council

Thank you for reading our guide about how to sue a council. If you have any further questions, or would like to get a claim started, please speak to a team member.