Call FREE from a Landline or Mobile on 0800 634 75 75

Make a No Win, No Fee claim against the Council with THE Injury Lawyers

Making a claim for personal injury compensation against a council, local authority, or highways agency isn’t easy when it comes to winning a case. Defects in roads and on paths can appear in such short periods of time, especially during adverse weather conditions, and the duty the council or an authority has isn’t very strict.

But The Injury Lawyers offer a risk free No Win, No Fee guarantee for council claims so read on for how it all works.

Why council claims are normally hard to win!

The Highways Act 1980 puts a duty on the local authority responsible for land to have a system of maintenance and inspection for their roads and pathways.  What this means is that they must, at specific intervals, perform an inspection of the area to spot and mark defects to rectify them. Inspections can be done on foot by inspectors, or by drive-by reviews (which aren’t always accurate).

How often they inspect an area is normally down to how busy the area is. For example, a city centre main road may be inspected monthly, whereas a cul-de-sac in the sticks of the countryside may only be inspected annually. So the ranges for inspection periods can be few and far between, and what this means is that if you are injured by a defect that they can prove has appeared between inspection periods, they can defend the claim.

For example – you trip today on a pothole. The road you are on is inspected every six months and the last inspection was less than four months ago. If their inspection records state that your pothole was not present on the last inspection date (its appeared between then and now) they can defend the claim. The next inspection isn’t due for a further couple of months, so they can use their special defence under Section 58 of the Act which pretty much absolves them of any liability to compensate you.

If they have evidence to prove their inspection system is adhered to and is fair for the area, they will very easily defend your claim. It doesn’t matter how badly injured you are, it’s all down to the inspection systems.

Many people say this isn’t fair – but if you think it from the perspective of the authorities, it isn’t feasible to be constantly watching all of the highways, roads and paths all of the time.

So how do I win a claim?

Well there are other factors to take in to account. If we could get evidence that the defect has been present before the last inspection period, and was classed as reasonably dangerous at that point, we could smash their defence. We could try and get evidence from local residents or businesses, or perhaps use Google Street View to have a look as well.

If the defect has been reported, and the authority fails to make good the area within a reasonable timeframe, you can smash their defence as well.

It’s important to get representation from a specialist personal injury law firm like us as there is other stuff we can do as well.

No win, no fee council claims

Even though the claims against a council can be hard to win, we offer a No Win, No Fee guarantee that means you do not get charged if the claim doesn’t win. Even though the claim could be hard to win, it’s still well worth you making the claim as we do all the legwork and you don’t end up at a loss if the case fails to win.

We also offer 100% compensation for council claims too – call 0800 634 7575 for expert legal advice today.

IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.

Request A Call Back

Fill Out Your Details

Your privacy is extremely important to us. Information on how we handle your data is in our Privacy Policy.
You have the right to object to the processing of your personal data.

NHS Email Leak
Search Our Blog
Free Instant Valuation
Compensation Calculator
Instantly Values Your Claim

Instantly value your claim for a head injury!

  Minor    Moderate    Severe

Instantly value your claim for a neck injury!

  Minor    Moderate    Severe

Instantly value your claim for a shoulder injury!

  Minor    Moderate    Severe

Instantly value your claim for an elbow injury!

  Minor    Moderate    Severe

Instantly value your claim for an arm injury!

  Minor    Moderate    Severe

Instantly value your claim for a hand injury!

  Minor    Moderate    Severe

Instantly value your claim for a torso injury!

  Minor    Moderate    Severe

Instantly value your claim for a mid-section injury!

  Minor    Moderate    Severe

Instantly value your claim for a back injury!

  Minor    Moderate    Severe

Instantly value your claim for a leg injury!

  Minor    Moderate    Severe

Instantly value your claim for a knee injury!

  Minor    Moderate    Severe

Instantly value your claim for an ankle/foot injury!

  Minor    Moderate    Severe

Find out how much your injury claim is worth!

Click on the injured body part to get your INSTANT FREE personal injury compensation valuation texted to your phone within seconds...

  Yes    No   Yes    No   Yes    No

Your privacy is extremely important to us. Information on how we handle your data is in our Privacy Policy.
You have the right to object to the processing of your personal data.

Latest Blog Posts

Compensation for being sent home from hospital

Compensation for being sent home from hospital

Whenever we are admitted to hospital, we expect that doctors and nurses will care for us for as long as necessary before discharging us. This means, as much as possible, health professionals must elim...

Published on the 22/10/2021


Hospitals failing to meet promise of safe maternity unit

Hospitals failing to meet promise of safe maternity unit

According to recent reports, a number of NHS hospitals that said they had a safe maternity unit have had their claims reportedly proven wrong. Upon review, it was reportedly judged that seven trusts c...

Published on the 08/10/2021


Ian Paterson compensation claims

Ian Paterson compensation claims

The disgraced breast surgeon Ian Paterson is one of the most infamous medical practitioners in the UK. After practicing at public and private hospitals for many years, it was revealed that Paterson ha...

Published on the 24/09/2021


Dental injury compensation claims

Dental injury compensation claims

Over the course of our experience as specialist injury and medical negligence lawyers, we have represented many people for dental injury compensation claims. From incorrect extractions to misdiagnoses...

Published on the 10/09/2021


Leg injury compensation claims

Leg injury compensation claims

Leg injuries are the subject of some of the most serious injury claims that we deal with, as these injuries can often severely incapacitate the people they affect. Whether they involve a temporary bro...

Published on the 27/08/2021


Spire Healthcare court case comes to conclusion

Spire Healthcare court case comes to conclusion

A private healthcare provider has been fined after it was found that it failed to notify patients of potential treatment failures and problems within a reasonable period of time. The Spire Healthcare ...

Published on the 13/08/2021


Pelvic mesh compensation claims

Pelvic mesh compensation claims

In recent years, concerns about the safety of pelvic mesh implants have been raised after many women began coming forward to report the complications they had suffered. While many women have already c...

Published on the 28/07/2021


Serious neck injuries – advice from The Injury Lawyers

Serious neck injuries – advice from The Injury Lawyers

Anyone who has sustained serious neck injuries as a result of another party’s negligence may be eligible to ...

Published on the 16/07/2021


Serious road accidents

Serious road accidents

In the UK, there are thousands of injuries caused by road accidents every year, many of which involve significant pain and suffering for the injured parties. Falling victim to a road accident can be e...

Published on the 02/07/2021


Compensation for childbirth brain injuries

Compensation for childbirth brain injuries

In childbirth, both the safety of the mother and the baby are at stake. Fortunately, modern medicine means that giving birth is much safer than it used to be. However, sometimes, in cases where severe...

Published on the 18/06/2021


Categories
Archives
%d bloggers like this: