Eye Injury Compensation Claims
If you have been affected by an eye injury, we can help.
If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim 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
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.
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.
Who is liable?
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.
Liability 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.
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.
Liability 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  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.
Do I have an injury claim?
It should be possible to make an injury claim if your injury happened:
- within the last 3 years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Claim eligibility - 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.
What if I was diagnosed months after the eye injury?
Depending on how your eye injury happened, the three-year time limit may only start from the date you are diagnosed and learn of the cause of your injury. In some cases, this can be months or years after the cause occurred.
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.
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 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
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 an injury compensation 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, 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 injury claim?
If your injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
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 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.