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:

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.

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.

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.

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 [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.

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.
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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.

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

Can I claim if the eye injury made an existing injury worse?

Yes, although demonstrating this can be more difficult, so legal and medical advice should be sought as early as possible.

What if I don't know who was to blame?

You should contact a solicitor as soon as possible to discuss your options. Specialist lawyers have years of experience identifying the responsible party in cases where liability is uncertain.

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 do personal injury solicitors get paid?

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

How can Quittance help?

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, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 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 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 376 1001 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.

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

Author:
Howard Willis, Personal injury solicitor