A Guide to Claiming Eye Injury Compensation

In the following article we explain everything you need to know about making an eye injury compensation claim.

Introduction

Over 120,000 people a year sustain eye injuries requiring medical attention. Around 50% of these injuries are sustained by individuals who are under 25 years old.

Recognising the impact that these injuries can have, both on an affected individual's daily life and their ability to work, the Courts award comparatively high compensation.

if your injury occurred as the result of someone else's negligence, you may be able to make a claim for compensation.

Do I have a eye injury claim?

It should be possible to make a eye injury claim if the injury happened:

  • within the last three years and,
  • another person was to blame.

Even if these two points don't apply to you, a claim may still be possible.

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

A brief phone consultation will tell you exactly where you stand. We will not put you under any pressure to pursue a claim.

You can also find out if you have a claim with our Online Claim Checker.

What if it was a criminal incident?

If your Eye Injury injury resulted from a criminal incident, you can pursue a claim via the Criminal Injuries Compensation Authority (CICA). The CICA must receive your application within 2 years of the Incident Date.

Read more

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 eye injury claim on their own behalf.

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

Check my claim online

How much compensation can I claim for a eye injury?

The amount of money you could claim for your eye 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 eye 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.

See a list of what you can claim for:

Examples of special damages include:

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

Eye Injury compensation amounts

The following eye injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.

Injury Severity Example Amount
Eye injury Minor Temporary eye injury £1,760 to £3,150
Eye injury Minor Minor eye injury £3,150 to £6,960
Eye injury Moderate Minor but permanent loss of vision in one or both eyes £7,270 to £16,720
Eye injury Serious Serious loss of vision in one eye £18,880 to £31,320
Eye injury Serious Complete loss of sight in one eye £39,270 to £43,710
Eye injury Severe Total loss of one eye £43,710 to £52,360
Eye injury Severe Loss of one eye with reduced vision in the other eye £50,970 to £84,510
Eye injury Severe Loss of sight in one eye with deteriorating vision in the other eye £76,510 to £143,270
Eye injury Very Severe Total blindness £214,210 to £214,250
Eye injury Very Severe Total blindness and deafness Around £322,060
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Find out what your claim could be worth now

Assessing a claim's value at the outset can be complicated.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Calculate my injury claim

Caring and sensitive support

Your solicitor will handle your eye injury case 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.

Types of eye injury claim

Personal injury lawyers have secured compensation for individuals injured in a wide range of circumstances, including:

  • Blunt force trauma
  • Fractures or breaks of the facial bones - such as the orbital bone (eye socket)
  • Scratches and abrasions - to the eyelids, or surface of the eye
  • Lacerations or cuts
  • Foreign bodies entering the eye - such as grit, wood splinters or metal shavings
  • Chemical burns - from contact with products containing eye-irritant chemicals
  • Radiation burns - from exposure to ultraviolet (UV) light from tanning beds
  • Medical negligence injury - negligence in medical diagnosis or treatment, surgical procedures, or post-surgery care resulting in eye injury.
  • Laser eye surgery negligence

You lawyer will arrange for you to attend an independent medical assessment to establish the nature, severity and likely future impact of your injury. The medical report produced from this assessment will be a key piece of evidence in support of your compensation claim.

Determining liability

Your lawyer will assist you in gathering evidence to determine who is legally responsible for your injury. In addition to the medical report, this evidence may include witness statements or CCTV footage of the accident.

Lliability for eye Injury sustained in accidents

The party responsible for the accident will usually be held liable to pay compensation. In the case of a road traffic accident claim, the driver who caused the accident will be the party that the claim is made against. In these cases, the defendant's insurance company will effectively be handling the case on their behalf.

If the accident was the result of a trip or slip claim on someone else's property, such as a supermarket accident, the owner or operator of the premises may be held liable.

You may start your claim even if you are not sure who is liable. Your lawyer will support you by gathering evidence to establish liability for your claim.

Lliability for employee eye Injury in the workplace

Your employer may be liable if your eye injury accident occurred in your workplace. Under the Health and Safety at Work Act 1974, your employer has a legal duty of care to protect your health and safety at work.

One of the most significant cases in personal injury law, Paris v Stepney Borough Council [1950] UKHL, concerned an employee who sustained an eye injury after their employer supplied inadequate personal protective equipment. The House of Lords decision significantly affected the law relating to the duty of care an employer owes to employees.

If your employer breaches the duty of care they owe, such as by failing to provide protective goggles, your employer may be held liable.

How is my compensation calculated?

Eye injury compensation settlements reflect the severity of the injury. Damages are intended to compensate for the overall financial and personal impact of your eye injury.

Given the various serious impact eye injuries have, Court awards can be significant. The Judicial College guidelines that Courts, insurers and solicitors use to estimate compensation recommend awards from £2,900 to £6,400 for a minor eye injury, up to £197,500 for total blindness.

How did your injury occur?

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

At work

If you are thinking of making a work accident or injury claim, there are some key points to be aware of:

Work Accident Claims - What you need to know

In a road accident

If you are thinking of making a road accident claim, there are some key points to be aware of:

Road Accident Claims - What you need to know

In a public place (e.g. supermarket, pavement)

If you have been injured in a public place, there are some key points you need to be aware of:

Public Place Claims - What you need to know

Medical negligence

According to the latest figures published in 2019, there were over 17,000 clinical negligence claims in the year 2016-17. This increase is largely down to an overstretched NHS.

If you are thinking of making a medical negligence claim, there are some key points to be aware of:

Clinical Negligence Claims - What you need to know

Other claim types

Find details on another type of claim:

See list of other claims

How does no win, no fee work?

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 eye 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

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a eye injury compensation claim.

What do I pay if I win my eye injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. 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 eye injury claim?

If your eye injury claim is not successful then you will not have to pay any fees.

Read more about how no win, no fee works

How can Quittance help?

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

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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Eye 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 will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s 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 interim compensation payment?

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

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.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert