A Guide to Claiming Negligent Decorator Injury Compensation

If your life, or the life of a loved one, has been affected by a negligent decorator accident we can help.

The purpose of this guide is to help anyone who has suffered a negligent decorator accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

Whether decorators are working within a domestic or commercial environment, they are obliged to do so in the safest manner possible. As professionals, they have a duty to complete their work in a way that does not endanger anyone in the vicinity. Decorators must follow basic health and safety procedures in order to prevent people from sustaining injuries.

Negligent decorator injury

Do I have a negligent decorator injury claim?

As a basic rule, you can make a negligent decorator injury claim if you were injured:

  • in the last three years, and;
  • someone else was at fault, and;
  • that person owed you a duty of care.

Find out if you have a claim with our Online Claim Checker:

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Are there any exceptions?

However, if these two points don't apply, you may still be able to make a claim.

To find out for sure, speak to a legal expert on 0800 612 7456.

A short call will confirm whether you have a claim. We will not put you under any pressure to pursue a claim.

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a negligent decorator injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

Can I make a negligent decorator injury claim right up to the three-year limit?

Technically, yes. However, in practice, not always. Many solicitors will not take on a negligent decorator injury claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.

What can go wrong if decorators do not take the proper precautions?

  • You could slip on paint or paste that has been left on the floor this could cause you to fall and sustain broken bones or muscle damage
  • Inhaling toxic fumes decorators should ensure that the area being treated is well ventilated to prevent illness
  • Bearing the impact of an item being dropped by the decorator whilst working on a ladder this could cause concussion or even head injuries
  • Tripping over tools, pots of paint or other pieces of kit if these items have been left lying around, people can break bones or suffer from sprains or bruises
  • Fire exits being blocked by equipment this can result in people being unable to escape the building in the event of a fire or other emergency

Who is liable?

The decorator himself can be liable for your injury, however, may not have the necessary liability insurance covering accidents in a public place. In domestic properties, the landlord can be responsible for the actions or anyone he employs. Similarly, in commercial premises, such as shops, cafes or leisure facilities, the owners have a duty of care to their customers and members of the public in the area.

How much compensation can I claim for a negligent decorator injury?

The amount of money you could claim for your negligent decorator injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your negligent decorator injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a negligent decorator injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for a negligent decorator injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a negligent decorator injury will depend entirely on your specific circumstances.

Your negligent decorator injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

Can I get an interim payment?

Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.

What if I am not yet sure of the extent of my injury?

If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.

Negligent decorator injury compensation calculator

Calculating how much compensation you can claim for a negligent decorator injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your negligent decorator injury claim could be worth now:

Calculate compensation

How long does a personal injury claim take?

How long it can take to settle a negligent decorator accident claim can vary considerably.

For example, a simple liability accepted injury claim could be completed in a few weeks. If liability is denied, however, a compensation claim can take substantially longer. Normally an injury claim will take 4 to 9 months. For more information, see:

How long will my claim take?

Will I still be able to claim for a negligent decorator injury after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your negligent decorator injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee, no risk

No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a negligent decorator injury claim with:

  • no upfront legal fees
  • no solicitor's fees payable if your claim is not successful
  • a success fee payable only if your claim is successful

No Win, No Fee is the most common way to make a compensation claim.

Our no win, no fee promise

Our no win, no fee guarantee means there is absolutely no financial risk in making a negligent decorator injury claim - even if you don't win your claim.

What do I pay if I win my negligent decorator injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my negligent decorator injury claim?

If your negligent decorator injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

Read more about how no win, no fee works

How do personal injury solicitors get paid?

If your negligent decorator injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

Can I get Legal Aid?

Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Negligent decorator injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a negligent decorator injury claim?

In general, you have a time limit of up to 3 years from the date of the negligent decorator injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your negligent decorator injury claim becomes 'statute barred'.

Can I claim for a negligent decorator injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim negligent decorator injury compensation.

In reality, there are a number of factors that can affect whether a negligent decorator injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert