Claim Against Wakefield City Council – How To Sue For Compensation

In this guide, we’ll look at the circumstances that could entitle you to make a claim against Wakefield City Council. If you’ve been injured as the result of someone breaching their duty of care towards you, you may be able to claim. This is the case if the negligent party was a local authority.

Claim against Wakefield City Council guide
Claim against Wakefield City Council guide

This guide will look at how a solicitor could prove useful if you’re interested in making a claim, whether this is a personal injury claim, a housing disrepair claim or a data breach claim. Furthermore, we will look at the amount of compensation that you could be awarded if you were injured as a result of negligence.

So if you were harmed because of neglect on their part and are considering making a claim for compensation against a local authority, we could help. Get in touch by:

  • Calling us on 0800 408 7827
  • Email or write to us using our online form
  • Use the ‘live support’ option to the bottom right of this screen

Select a Section

  1. Personal Injury Claims When Suing A Local Council
  2. When Could I Claim Compensation From A Local Council After A Data Breach?
  3. Gathering Evidence For A Potential Housing Disrepair Claim Against A Local Council
  4. Can I Make A No Win No Fee Claim Against Wakefield City Council?
  5. Claim Compensation Before The Time Limit Ends
  6. Get Advice On A Potential Claim Against Wakefield City Council
  7. More Resources On Making A Claim Against Wakefield City Council

Personal Injury Claims When Suing A Local Council

Those in control of public places have a duty of care towards those who use the space for the intended purpose. This includes local authorities.

The duty of care that councils owe members of the public is outlined in legislation like the Occupiers’ Liability Act 1957 and the Highways Act 1960. The former covers the duty of care that those in control of public spaces, while the latter covers the duty of care that the council has in maintaining roads and pavements.

In order to claim, you would need to show that:

  • You were owed a duty of care
  • This duty was breached; and
  • You were injured as a direct result of this breach

Some examples of accidents resulting in personal injury that could be caused by the council’s negligence include:

  • Slips, trips and fallsYou might experience this kind of accident because of a pothole in a pavement that the council were aware of but did not repair. It’s important to note that councils usually won’t consider claims for pavement trips if the hazard was less than an inch high.
  • Road traffic accidents. If you were involved in a car accident because of the condition of the roads, then you could be owed compensation from the council. This could also apply to cycling accidents.
  • Accidents in public parks and playgrounds. The council may be responsible for maintaining parks and playgrounds. If you injured yourself on a piece of faulty playground equipment, for example, you may be able to make a claim.

Potential Personal Injury Compensation Payouts

When you claim compensation, your settlement could be made up of two different heads of claim. these are general and special damages.

General damages is the part of your claim that relates to the pain and suffering caused by your injuries. It’s calculated with the help of a publication called the Judicial College Guidelines.

Below, we’ve created a table using figures from these guidelines.

Injury typeseverityaward bracket from Judicial College Guidelines (JCG)notes
Head/brain damage(d) Less severe brain damage£14,380 to £40,410Good overall recovery but some persisting symptoms such as poor concentration or memory
Neck(a) Severe (i)In the region of
£139,210
Incomplete paraplegia, severely restricted movement in the neck despite constantly wearing a collar for a period of years, and persisting headaches
Arm(b) Permanently and substantially disabling £36,770 to £56,180Serious fractures to one or both forearms resulting in permanent residual cosmetic or functional disability
Wrist(b)£22,990 to £36,770Significant permanent disability
Hip/pelvis(a) Severe (i)£73,580 to £122,860Extensive fractures to the hips and pelvis that involves an injury like one to the lower back joint.
Knee(b) Moderate (i)£13,920 to £24,580This bracket might include dislocation or tearing of the cartilage
Ankle(a) Very severe£46,980 to £65,420Soft tissue damage, bilateral ankle fractures,
Lungs(e)£5,000 to £11,820Toxic exposure to fumes. However, this won't be serious enough to interfere with lung function.
Post-traumatic stress disorder (PTSD)(b) Moderately severe£21,730 to £56,180Some recovery with professional help but significant disability for the foreseeable future.
Hand injury (g) Less serious £13,570 to £27,220

For example, a severe crush injury that impairs function.

Please remember – these are guide award brackets and not guarantees. Compensation awards are dependant on the individual circumstances of each case.

You could also receive special damages. This is the part of your claim that covers you for the financial impact of your injuries. For example, if your injuries have meant that you’ve had to take time off work, you could claim back the loss of earnings this has caused you to experience.

In order to claim special damages, it’s a good idea to provide evidence of these costs. For example, you could keep receipts to show what you have spent, and payslips to illustrate your loss of earnings.

For more information on what could be included in a potential claim against Wakefield City Council, speak to one of our advisors today.

When Could I Claim Compensation From A Local Council After A Data Breach?

The General Data Protection Regulations (GDPR is a piece of EU legislation that protects the information rights of individuals. It was ratified into UK law with the Data Protection Act 2018. Now that the EU has left the UK, the UK GDPR sits alongside an updated version of the DPA- this is the regime that we refer to when discussing data protection laws in the UK.

An independent authority called the Information Commissioners Office (ICO) is the body responsible for protecting data privacy in the UK. They have seven key principles that organisations should place at the centre of their approach to processing personal data. Furthermore, personal data should not be processed without a lawful basis for doing so.

Personal data is classed as any data that can be used to identify you, either alone or when combined with other information. These data protection laws apply whether the data is stored digitally (for example, on a computer) or physically (like in a filing cabinet). A GDPR data breach is when a security incident results in personal data being lost, stolen, destroyed, altered or exposed to or accessed by someone without authorisation.

You could claim compensation if a data breach has caused you emotional or financial harm. However, in order to claim, you need to show that positive wrongful conduct on the part of the council allowed it to happen. If they did all they could to prevent a breach and one occurred anyway, you would not be able to claim.

If you would like to know more about the circumstances that could entitle you to make a data breach claim against Wakefield City Council, speak to one of our advisors today. They could connect you with a No Win No Fee solicitor from our panel.

Gathering Evidence For A Potential Housing Disrepair Claim Against A Local Council

Under legislation called the Defective Premises Act 1972, landlords have a duty of care towards their tenants. If you live in council housing, the council is acting as your landlord and owes you the same duty of care as if you were renting privately.

A landlord needs to ensure that anyone who could be affected by a relevant defect in a property is kept safe. Importantly, the tenant does not need to have reported the issue to the landlord, as long as the landlord knew (or ought to have known) about the relevant defect.

For example, broken paving slabs in your front yard may pose a risk of injury to anyone visiting the house. If you were to fall and break your hip or a rib as a result, you may be able to claim.

Can I Make A No Win No Fee Claim Against Wakefield City Council?

Anyone is free to launch a personal injury claim. You do not have to use a legal representative to do so. Whether it was a slip, trip or fall injury on broken pavement or a data breach that resulted in money being stolen from your account, you are free to represent yourself.

If you chose to work with a personal injury lawyer, a No Win No Fee agreement could help you fund your legal representation. This kind of agreement means that:

  • You won’t be asked to make a payment to your solicitor before the claim starts or while it’s ongoing.
  • If your claim is unsuccessful, there will be nothing to pay your solicitor at all.
  • If you are awarded compensation, a legally-capped success fee will be deducted from the compensation by your solicitor.

For more information on how a No Win No Fee agreement could help you fund legal representation for a claim against Wakefield City Council, speak with a member of our claim team today.

Claim Compensation Before The Time Limit Ends

There are time limits on making personal injury claims. The Limitation Act 1980 gives guidance on the varying timescales in which you have to start a claim. Therefore, you should consider carefully the following:

  • There is generally a three-year time frame for starting a personal injury claim – this can start from the date of the accident or the date that you become aware that negligence caused your injuries (the date of knowledge)
  • There is generally a 6-year timescale for a housing disrepair claim
  • Data breach claims are subject to a general 1-year timescale if the claim is against a public body.

There are some exceptions that can apply. For example, if a minor or someone lacking the capacity to claim is injured as a result of council negligence, then the time limit is suspended for as long as they’re not able to claim themselves.

A litigation friend can claim for them until this time. Once a child turns 18, they have 3 years to pursue their own claim.

The 3-year time limit also restarts in the event that someone regains the mental capacity to claim. If they don’t, it’s indefinitely suspended.

For more information on the time limit that could apply in a claim against Wakefield City Council, speak to one of our advisors today.

Get Advice On A Potential Claim Against Wakefield City Council

We hope that you’ve found this guide useful. Whether you’d like more information or would like to get the claims process started right away, we could help.

After a brief and informal conversation about your personal circumstances, we could advise you on the validity of your claim. If it has a good chance of success, you could be connected with a No Win No Fee solicitor from our panel.

Contact us by:

  • Calling us on 0800 408 7827
  • Email or write to us using our online form
  • Use the ‘live support’ option to the bottom right of this screen

More Resources On Making A Claim Against Wakefield City Council

Thank you for reading this guide looking at when a claim against Wakefield City Council could be justified.

Article by Wat

Edited by Sto