This guide will explore when a claim against Kirklees Borough Council could be justified. We will explore the duty of care owed to you by your local council and how this duty could be breached.
Additionally, this guide will discuss what criteria form the basis of a valid personal injury claim as well as the steps you could take if you’re eligible to seek compensation.
Whilst we have aimed to provide the information you need, we understand you may have questions. As such, if you want to speak to someone about your specific claim, you can contact our team of friendly advisors. They are here 24 hours a day to answer any questions you may have regarding your potential claim and are available to offer you free legal advice.
To get in touch, you can:
- Call on 0800 408 7827
- Contact us online.
- Speak with an advisor via the live chat feature below.
Select a Section
- Guidance On Claims Against The Council For Personal Injury
- Can I Make A Personal Data Breach Compensation Claim Against The Local Council?
- How To File A Housing Disrepair Claim Against The Local Council
- Can I Make A No Win No Fee Claim Against Kirklees Borough Council?
- What Are The Time Limits To Start A Claim?
- Get Legal Advice On A Potential Claim Against Kirklees Borough Council
- More Resources On Making A Potential Claim Against Kirklees Borough Council
Guidance On Claims Against The Council For Personal Injury
To make a personal injury claim, you must prove that you suffered an injury (such as a break or fracture) due to a third party breaching their duty of care.
Since your local council are in control of various public places, such as parks, footpaths and community centres, they must follow the obligations expected of them as set out in the Occupiers’ Liability Act 1957. It states that anyone in control of a public space owes a duty of care to those using the space. They must do all they reasonably can to remove or reduce the risk of harm as part of their duty of care. Your local council could perform regular risk assessments and maintenance checks to ensure the safety of the space they have control over.
If your local council were to breach their duty of care, you could become injured. This is known as negligence.
For example, you suffer a slip or trip accident on a footpath due to a paving defect. Your local council was aware of this defect but had not fixed it in a timely manner. As a result, you suffer a broken ankle and broken hip injury.
Call us today to find out when a claim against Kirklees Borough Council could be justified.
Potential Personal Injury Compensation Payouts
When pursuing compensation, your settlement may be divided into:
- Special damages – Compensate you for the financial losses caused by your injuries, e.g. medical expenses. You will need to provide evidence of losses claimed under special damages such as receipts.
- General damages – Compensate you for the physical and mental pain and suffering caused by your injuries. Several factors are considered when valuing this head of claim, including the severity of your pain and suffering and the impact on your quality of life.
Using the figures listed in the 16th edition of the Judicial College Guidelines (JCG), we have created the following table with compensation figures relating to various injuries. Many legal professionals use this document to help them value the general damages portion of your settlement alongside considering other factors. Please only use this table as a guide because each settlement is unique.
Injury | Guideline Compensation Bracket |
---|---|
Back Injuries - (a) Severe (i) | £91,090 to £160,980 |
Back Injuries - (a) Severe (iii) | £38,780 to £69,730 |
Knee Injuries - (a) Severe (i) | £69,730 to £96,210 |
Knee Injuries - (a) Severe (ii) | £52,120 to £69,730 |
Leg Injuries - (b) Severe (ii) | £54,830 to £87,890 |
Leg Injuries - (b) Moderate (iv) | £27,760 to £39,200 |
Hand Injuries - (b) Serious | £55,820 to £84,570 |
Hand Injuries - (f) Severe | Up to £36,740 |
Ankle Injuries - (b) Severe | £31,310 to £50,060 |
Ankle Injuries - (d) Modest | Up to £13,740 |
Can I Make A Personal Data Breach Compensation Claim Against The Local Council?
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) set out an organisation’s responsibility to protect your personal data.
If an organisation failed to adhere to data protection law, this could lead to a breach of your personal data. Personal data can include any information that can identify you, such as your name and postal address. A personal data breach is a security incident where your personal information is lost, destroyed or altered either unlawfully or accidentally as well as disclosed or accessed without authorisation.
Some examples of how your personal information could be compromised include:
- A staff member sending your personal information in an email to the wrong address.
- Your local council not updating their cybersecurity measures. This can make them vulnerable to cyberattacks where a hacker could access your personal data.
However, to make a personal data breach claim, you must prove that an organisation’s failings compromised your personal data and caused you financial loss or emotional harm as a result.
If you have sufficient evidence that you have been affected by a personal data breach and want to know whether you have the basis for making a claim against Kirklees Borough Council, call our advisors today.
How To File A Housing Disrepair Claim Against The Local Council
Per the Landlord and Tenant Act 1985, if your local council is your landlord, they owe you a duty of care. As such, they have certain responsibilities, such as dealing with:
- Any issues with the interior or exterior of the property.
- Problems relating to water, electricity or gas.
- Piping and draining issues.
- Mould and damp issues.
Contact us today if you would like to know whether a housing disrepair claim against Kirklees Borough Council could be possible.
Can I Make A No Win No Fee Claim Against Kirklees Borough Council?
If you would like to be legally represented when making a personal injury claim, a solicitor from our panel may be able to offer a No Win No Fee service, such as a Conditional Fee Agreement (CFA).
Under a CFA, you will not be expected to pay for your solicitor’s services if your claim fails. However, if your case succeeds, you will pay them a success fee from your compensation that is legally capped.
Contact us today for more information on working with a No Win No Fee solicitor from our panel.
What Are The Time Limits To Start A Claim?
No matter what type of claim you are making, there are specific time limits that you must adhere to. The time limits for these claims include:
Personal Data Breach
- You generally have 6 years to start a claim, but this is reduced to one year when claiming against a public body.
Personal Injury
- You generally have 3 years to start your claim either from the date of the accident or the date first realised that your injury resulted from negligence.
Housing Disrepair
- You may have between 3 or 6 years to start your claim, depending on the specific type of housing disrepair claim you are making.
Contact our advisors now to find out whether you’re within the time limits to start a claim and seek compensation.
Get Legal Advice On A Potential Claim Against Kirklees Borough Council
If you are still unsure when a claim against Kirklees Borough Council could be justified, you can call our team of advisors today. They can offer you free legal advice regarding your potential claim.
To get in touch:
- Call on 0800 408 7827
- Contact us online.
- Speak with an advisor via the live chat feature below.
More Resources On Making A Potential Claim Against Kirklees Borough Council
If you would like to read more articles by us:
- How to sue a library
- How to sue your employer for a broken toe at work
- How to sue for being stuck in a lift
- How To Sue Knowsley Borough Council
- How To Sue Calderdale Borough Council
More information is available at:
- Information Commissioner’s Office (ICO) – Your right to get your data deleted
- NHS – Post-Traumatic Stress Disorder
- GOV – Housing disrepair legal obligations
We hope this guide exploring when a claim against Kirklees Borough council could be justified has helped. However, if you need any other information, get in touch on the number above.
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Editor MIT