Negligent Decorator Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a negligent decorator accident, we can help.
Whether your injuries were caused by a defective product, someone else's actions or negligence or another cause, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim for an accident at home with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
We can help you make a personal injury compensation claim on a No Win No Fee basis.
In this article
Whether decorators are working within a domestic or commercial environment, they are obliged to do so in the safest manner possible. Decorators 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.
Do I have an injury claim?
As a basic rule, you can make an injury claim if you were injured:
- in the last 3 years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
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 an injury claim on their own behalf.
Can I claim if the negligent decorator injury made an existing injury worse?
Yes, although demonstrating this can be more difficult than proving a straightforward negligent decorator injury injury, so legal and medical advice should be sought as early as possible.
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.
The amount of money you could claim for your injury will depend on:
- the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for an 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 an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
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.
Can I claim for physiotherapy and private care costs?
Private treatment can be expensive, but funding towards the cost of this treatment frequently comprises part of a compensation award. Your solicitor may even be able to arrange access to private medical care as soon as your claim is accepted.
Calculate my injury compensation
Calculating how much compensation you can claim for an 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 injury claim could be worth now:
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, 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?
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and 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.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 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 decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
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 an 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.
No win, no fee - our guarantee
Our no win, no fee guarantee means there is absolutely no financial risk in making an injury claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my 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 injury claim?
If your 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.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. negligent decorator injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and 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
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
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.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
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.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an 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 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
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.