Gateshead Borough Council – How To Sue For Compensation

Gateshead Borough Council - How To Sue For Compensation

Can I Claim Against Gateshead Borough Council – How To Sue For Compensation

Are you wondering if you can make a claim against Gateshead Borough Council? Maybe you tripped on a defective pavement or you had a car accident because of a huge pothole? Throughout this guide, we will discuss the duty of care that Gateshead Borough Council has towards the public. Additionally, we will discuss the eligibility criteria and evidence needed in order to make a successful claim.

Furthermore, you can speak to our team for free legal advice regarding your specific claim. Our advisors are waiting to take your call.

Contact us:

  1. What Is A Claim Against Gateshead Borough Council?
  2. Steps To File A Local Authority Data Breach Compensation Claim
  3. Housing Disrepair Claims
  4. Can I Make A No Win No Fee Claim Against Gateshead Borough Council?
  5. How Much Time Is There To Make A Claim?
  6. Could I Claim Against Gateshead Borough Council?
  7. Related Information For A Claim Against Gateshead Borough Council

 What Is A Claim Against Gateshead Borough Council?

In order to make a valid claim against Gateshead Borough Council, there are specific criteria that must be met. You will need evidence showing liability as well as harm caused, and if wanting to claim for special damages, you will need receipts and invoices that show financial losses.

For any personal injury claim to be valid, you must first prove that those you hold responsible for your injury breached their duty of care to you. This duty of care is often outlined within the Occupiers’ Liability Act 1957. Essentially, local authorities must ensure that any public space they are in control of (such as parks and footpaths) have been risk assessed and steps taken to reduce or remove hazards.

If an occupier of a public space were to act negligently, it could cause an accident that sees you being harmed, for example, with a break or fracture. Examples of how public place accidents could potentially occur include:

  • You slip or trip on the pavement due to a spillage or raised paving tail. As a result, you suffer a broken forearm and a broken foot.
  • A bench in your local park collapses as you sit on it due to poor maintenance. You suffer a broken hip.

To make a successful claim, you must prove liability. This will mean showing how those who had a responsibility for your health and safety failed in this respect. Very often, this will mean providing evidence to show how they breached the duty of care owed to you in publicly accessible places.

Potential Personal Injury Compensation Payouts

In a successful personal injury claim, the settlement may be divided into general and special damages.

Special damages seek to provide you with compensation for the financial losses accrued due to your injury. This can be having to pay for travel expenses and loss of earnings. Keeping a record of these expenses will help you in making a claim for them.

Any physical or mental injuries that have impacted your quality of life as a result of the accident are classed as general damages, such as a broken finger or depression. Again, in order to make a claim for these damages, you must provide proof of your suffering. This could be a medical report.

Where do compensation amounts come from?

Many personal injury solicitors use a document called the Judicial College Guidelines (JCG) when valuing personal injury claims. This is because the JCG provides compensation bracket sums for various injuries at different severity levels. Using the current edition of the JCG, published in April 2022, we have provided a table of compensation brackets for various injuries in general damages. Please use the following amounts as a guideline only.

Injury TypeAmount
Brain and Head Injury - Moderate (i)£150,110 - £219,070
Back Injuries - Severe (i)£91,090 - £160,980
Neck Injuries - Severe (i)In the region of
Injuries to the Pelvis and Hips - Severe (i)£78,400 - £130,930
Knee Injuries - Severe (i)£69,730 - £96,210
Foot Injuries - Severe£41,970 - £70,030
Hand Injuries - Serious£29,000 - £61,910
Injuries to the Elbow - (a) Serious£39,170 - £54,830
Psychiatric Damage Generally - Moderate£5,860 - £19,070
Shoulder Injuries - Moderate£7,890 - £12,770

For further information on how compensation is calculated in personal injury claims, speak with an advisor today.

Steps To File A Local Authority Data Breach Compensation Claim

A data breach is a security incident where your personal data, either intentionally or accidentally, has been accessed, destroyed, lost, altered or disclosed without a lawful basis.

Some examples of the personal information your local council could hold about you are:

  • Name.
  • Email or phone number.
  • Bank details.

This personal data could be used to identify you directly or in combination with other personal information. As such, your local council must follow data protection law in order to keep your personal data safe.

The Data Protection Act 2018

Per data protection law, Gateshead Borough Council must follow the expectations laid out in the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR.) Together the DPA and UK GDPR set out the obligations expected of all organisations that process the personal data of UK residents.

However, a data breach can happen due to non-cyber and cyber incidents. Data breaches can happen through human error or as the result of a cyber attack. When organisations that process personal data have done all they can to keep this information safe, a claim is unlikely.

Here we have provided examples of how a potential data breach could occur;

  • Your personal data is compromised due to a local council experiencing a cyber-attack due to not updating their cyber security measures.
  • Someone verbally disclosed your personal information without a lawful basis.
  • Your personal data was sent to the wrong recipient, either via email or post.

To make a successful data breach claim, you must prove that you suffered mental and/or financial harm as a direct result of your personal information being compromised in the data breach. Also, as with personal injury claims, the onus will be on you to prove liability.

For questions about claims against Gateshead Borough Council, speak with one of our team members today.

 Housing Disrepair Claims

The Housing Act 1988, was established so that tenants knew where they stood and landlords knew clearly what was expected of them. It gave landlords the right to evict and allowed them to set out the amounts of rent that each property should be let for.

According to the Landlord and Tenant Act 1985, you have the right to live in a home that is safe and well maintained.

The responsibilities of landlords are as followed:

  • Fire safety regulations must be met.
  • Mould, dampness and any infestation issues are the landlord’s responsibility.
  • Wiring should be maintained.
  • Gas, electricity, water and sanitation all must be maintained by the landlord.
  • As should the property’s structure and exterior,
  • Roof structures and plasterwork should be maintained
  • As well as pipes and drains.
  • Security measures.

Our panel of solicitors may be able to help you with your housing disrepair claim. Talk to one of our advisors now for more information.

Can I Make A No Win No Fee Claim Against Gateshead Borough Council?

A type of No Win No Fee called a Conditional Fee Agreement could benefit you if you want to make a claim whilst being represented by a solicitor. It is an arrangement between you and your solicitor where it is understood that if the case fails, you are not obligated to pay for their services. But if it wins, you agree to pay a percentage of your settlement to your solicitor, called a success fee. This amount is capped at 25% by law.

To find out if a No Win No Fee solicitor may benefit you with your claim against Gateshead Borough Council, speak with one of our advisors.

 How Much Time Is There To Make A Claim?

Per the Limitation Act 1980, you only have a certain amount of time to start a compensation claim. These time limits are:

  • Three years from the date of the negligence (or when the injury was first linked to the negligence) for personal injury claims. As a minor, this three-year period starts from the date of their 18th birthday.
  • There are 2 types of housing disrepair claims, you may have 3 or 6 years to start a claim, depending on which one you make. Call our advisors now, and they will let you know how long you have left to initiate a claim.
  • Data breach claims have 6 years against an organisation and 1 year against a public body.

If you are unsure as to whether you still have time to start a claim, you can speak with one of our advisors today for further guidance.

Could I Claim Against Gateshead Borough Council?

Our team is here to help you if you still have any questions regarding a claim. Our advisors are waiting to take your call.

Related Information For A Claim Against Gateshead Borough Council

Guides On How To Sue The Local Council

For any questions about a potential claim against Gateshead Borough Council, speak with our advisors today.