Within this guide, we shall discuss the concept of a claim against Tameside Borough Council. This guide shall discuss three main topics; personal injury claims, data breach claims, and housing disrepair claims. Each of these will have its very own section on the claiming criteria and why a claim for compensation may be possible. Councils provide invaluable services every day to the general public. It is vital that these services are safe and do not pose a risk to the health of those that make use of them. In this guide, we shall discuss thoroughly the duty of care local authorities have towards their service users.
To discuss a claim against Tameside Borough Council, call our claims team today. Our advisors can offer free legal advice with the possibility of connecting you to a solicitor from our panel for further assistance. To find out more, read our below article, or contact us by:
- Calling us on 0800 408 7827
- Using the live chat feature located at the bottom of your screen
- Contacting us through our website.
Select a Section
- Claiming Against A Local Council For A Personal Injury
- Local Council Compensation Claims For Data Breaches
- Housing Disrepair Claims For Compensation Against The Council
- Can I Make A No Win No Fee Claim Against Tameside Borough Council?
- What Is The Time Period In Which I Must Claim?
- Get Advice On A Potential Claim Against Tameside Borough Council
- More Resources On Making A Potential Claim Against Tameside Borough Council
In many areas of our everyday life, we either owe others a duty of care or a third party owes us one. This is true on the roads, in workplaces, and in public settings. For any local council, this duty of care is underlined in the Occupiers’ Liability Act 1957. This means that local councils generally have a duty to repair potholes, cracks, and raised kerbs that they are responsible for. This also extends to safety in council-run libraries, sports centers, and council offices. That said councils also have a duty of care to their employees to provide a workplace that is as safe as can be reasonably expected.
For any personal injury claim, to be successful you must be able to prove that the party you hold responsible for your suffering owed you a duty of care. Furthermore, the onus is on you, the claimant, to provide evidence of how this duty of care was breached and why this negligence led to that accident that caused your injury.
It may not always be clear whether you have sufficient grounds to make a claim against Tameside Borough Council. That is why we offer all potential claimants a free initial chat to find out if your circumstances mean you are eligible to make a personal injury claim. So why not call us today to receive free advice on your next steps.
Potential Personal Injury Compensation Payout
You may be wondering how much compensation you could receive for a personal injury claim. Any successful personal injury claim can include two Heads of Loss. These are general damages that compensate you for the injury and special damages that reimburse you for any financial harm caused by the injury itself.
We have provided a table that has figures taken from a publication by the Judicial College. The publication looks at past court cases and what settlements were awarded for certain types of injuries. The brackets have been formed by analysing these compensation amounts. Please note that the table only includes general damages as special damages are more specific to the claimant.
|Injury||Severity||Nature of incident||Possible compensation|
|Injury to the Body||(b) Paraplegia||This bracket would take into consideration how independant the person was, if they were in pain, if there was any depression and their sexual function.||£205,580 - £266,740|
|Injury to the Brain||(c) Moderate Brain Damage||Where there is a noticeable intellectual deficit, and an effect on speech.||£140,870 - £205,580|
|Injury to Mental Health||(a) Severe||Where the injured party are not able to work, and all aspects of life have been greatly affected.||£56,180 - £94,470|
|Injury to the Ear||(b) Total Deafness||The higher end of the bracket will take into consideration speech deficit and tinnitus.||£85,170 - £102,890|
|Injury to the Chest||(c) Damage to chest||Where there is damage to the lungs and chest, where disability is likely to be present||£29,380 - £51,460|
|Injury to the Kidney||(H) Kidney (b)||Can involve a future risk of kidney failure as well as infection.||up to £60,050|
|Injury to the Neck||(c) (i) Minor||Can involve exacerbation and acceleration injuries but a full recovery is expected within two years.||£4,080 - £7,410|
|Injury to the Back||(b) Moderate (i)||Here, there can be crush fractures to vertebrae in the lumbar region, leading to a constant sensation of pain and discomfort.||£26,050 - £36,390|
|Injury to the Arm||(c) Less Severe Injury||Significant disability can occur but a good level of recovery can take place.||£18,020 - £36,770|
|Injury to the Elbow||(a) A Severely Disabiling Injury||Where the injury results in extremely limited movement.||£36,770 - £51,460|
Recently there have been new laws and regulations introduced to protect the personal data of individuals. The General Data Protection Regulation was a European directive that was incorporated into UK law through the Data Protection Act 2018. Since the UK has left the EU the Data Protection Act 2018 has been updated and now we refer to the UK GDPR. Data controllers – those organisations that process personal information -must keep this data safe. When there is a failure to adhere to data protections laws a data breach could occur.
A personal data breach is a security violation that causes such data to be lost, destroyed, altered, disclosed without authorisation, or accessed without permission either accidentally or unlawfully.
Data breaches happen can happen through;
- Sending information to the wrong address when a correct address was already on file
- Not using blind carbon copy (BCC) on emails, meaning others can view your email address
- Not destroying unneeded information properly
In a data breach claim, it is important to work out positive wrongful conduct. This means that the data controller did something, or failed to do something, that resulted in a data breach. This can include not updating cyber security, or not providing adequate data protection training to employees.
If a council does everything they can to avoid a data breach and it happens anyway, such as by being hacked, they are less likely to be found liable.
Also important to note that the data breach itself is not enough to start a claim. The data breach must have caused you an injury, be it mental, physical, or emotional. It can also have caused you financial loss.
If you have fallen victim to a data breach and would like to start a claim, speak to our advisors today for more information on the claims process.
According to the UK Government’s advice on private renting, your landlord has a duty of care to carry out repairs related to the exterior of the house, electrical wiring, plumbing, or gas appliances. This is to ensure your house stays in livable condition and you remain safe.
The Defective Premises Act 1972 applies a duty of care on landlords to ensure that properties they rent out are kept in a habitable state. Although landlords have a duty of care, tenants also have responsibilities towards the property. For instance, you should only carry out repairs if your tenancy agrees you can, and also you cannot be forced to carry out repairs if they are your landlord’s responsibilities. If you feel your property is not safe to live in contact your local council. They can do a Housing Health and Safety Rating System (HHSRS) check for you.
Alternatively to find out if you have a valid housing disrepair claim against Tameside Borough Council get in touch with our advisors today.
If you are considering making a claim against Tameside Borough Council, and want legal help but you are nervous about legal fees, you may be interested in No Win No Fee.
If you choose to be represented by a solicitor, they can take on your claim on a No Win No Fee basis.
No Win No Fee offers a number of benefits. If your case is taken on this basis, you pay nothing at the start of your claim or while it is ongoing. If you are unsuccessful, you will not have to pay the fees of your appointed solicitor. However, if you win, you will receive compensation and are only required to pay a success fee. This is a small percentage fee of your settlement.
No Win No Fee could give you financial confidence when hiring a solicitor.
If you believe you have a legitimate claim speak to our advisors today who can connect you to a solicitor from our panel.
If you are interested in making a claim of any nature, you must first be aware of the time bars associated with these claims. For instance, personal injury claims have strict time bars as laid out in the Limitation Act 1980.
Generally, in personal injury claims, the time limit to start a claim is three years from the date of your injury. This changes to the date you gained awareness of any negligence if this date is later.
If you were under 18 at the time of the injury, the time limit will not commence until you reach the age of 18. You can also have a litigation friend appointed to manage your claim on your behalf before this time.
If you lack the capacity to claim, the limit will not start until you regain capacity.
In the case of data breach claims against a local council, you have a time limit of one year to start a claim. This is six years for any entity that is not a public body.
Finally, for housing disrepair claims, this is six years.
If you have a valid personal injury, data breach, or housing disrepair claim, why not get in touch with one of our advisors to discuss it in further detail?
Hopefully, we have now answered what may be a potential claim against Tameside Borough Council. If you have any further questions speak to our advisors today for free legal advice with no obligation whatsoever. They are available 24 hours a day. Get in touch by:
- Calling us on 0800 408 7827
- Using the live chat feature located at the bottom of your screen
- Contact us through our website.
How to sue your employer for an accident at work?
Who is eligible to sue their local council for compensation?
Do you need information on suing your employer for a broken toe?
Statutory sick pay (SSP) – UK Government
Compensation after an accident or injury – UK Government
Report a breach – Information Commissioner’s Office