Eye Injury Compensation Claims
If you have been affected by an eye injury we can help.
The purpose of this guide is to help anyone who has suffered an eye injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
eye injury compensation:
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 an eye injury claim?
It should be possible to make an eye injury claim if your injury happened:
- within the last three 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 eye injury claim on their own behalf.
Can I still claim if I didn't report the eye injury?
If you did not report the accident it can make it more difficult to pursue an eye injury claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.
What if I want to make a multi-party or group claim?
A multi-party claim (sometimes referred to as a 'group claim' or a 'class action') brought by a group of people who have sustained the same or similar injuries due to the negligence of the same defendant. How you start a multi-party claim will depend on the circumstances and we recommend you speak to a solicitor for more information.
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 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 eye 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
Eye injury compensation amounts
The following eye injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|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|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a severe eye injury can be £43,000
For a minor facial injury, in isolation, you would typically receive £2,500.
However, if you have a severe eye injury and a minor facial injury, you would typically receive £43,000 + a reduced percentage of £2,500.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for an eye 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 eye injury will depend entirely on your specific circumstances.
Your eye 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.
Eye injury compensation
Calculating how much compensation you can claim for an eye 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 eye injury claim could be worth now:
How long does an eye injury claim take?
The length of time needed to settle an eye injury claim can vary significantly.
For example, a simple liability accepted injury claim could be completed in a month or two. However, if liability is denied it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your eye 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.
Who pays for this specialist help?
The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.
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.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
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 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 an eye injury compensation claim. Read more about making a No win, no fee 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. Your solicitor may take out insurance to ensure there will be nothing to pay.
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:
if you can claim
to start a claim
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.
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.
How long do I have to make an eye injury claim?
In general, you have a time limit of up to 3 years from the date of the eye injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your eye injury claim becomes 'statute barred'.
Can I claim for an eye 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 eye injury compensation.
In reality, there are a number of factors that can affect whether an eye injury claim will be taken on by a solicitor.
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.
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.
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.
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.