Contaminated Soil Poisoning Compensation Claims

If your life, or the life of a loved one, has been affected by soil contamination poisoning we can help.

The purpose of this guide is to help anyone who has suffered soil contamination poisoning 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 contaminated soil poisoning compensation:

Introduction

Soil contamination can occur in a number of ways, not all of which may give rise to a compensation claim.

Old industrial sites can contain soil contaminated with chemicals such as asbestos, and agricultural soils can become contaminated with pesticides. If members of the public are exposed to the harmful chemicals within the soil, people may fall ill or sustain injury.

In some cases, it can be difficult to identify the cause of historic contamination, and therefore who may be liable to pay injury compensation. In cases of more recent contamination, establishing liability can be more straightforward, but can still require investigation.

Contaminated soil

Soil contamination and exposure

Individuals are most commonly exposed to contaminated soil through work. Industrial workers or agricultural workers may come in to contact with contaminated soil if they are not provided with the correct Personal Protective Equipment. The public may also come in to contact with contaminated soil if harmful chemicals are not disposed of or treated correctly and leak into the soil.

Soil contamination and illness

Those exposed to contaminated soil may fall ill as a result. Common symptoms include:

Long-term effects of soil contamination can include:

  • Cancer
  • Neurological conditions such as Parkinson's disease
  • Reproductive problems including infertility

Do I have a contaminated soil poisoning claim?

It should be possible to make a contaminated soil poisoning claim if:

  • you were diagnosed in the last three years and;
  • someone else, such as your employer, was to blame.

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

To get impartial advice on whether you have a claim, speak to injury claims expert on 0800 612 7456.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

How much compensation can I claim for contaminated soil poisoning?

The amount of money you could claim for your contaminated soil poisoning 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 contaminated soil poisoning 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.

What can I claim for after a contaminated soil poisoning? (see list)

Examples of special damages (losses you can claim for) include:

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

What is the average injury compensation for a contaminated soil poisoning claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a contaminated soil poisoning will depend entirely on your specific circumstances.

Your contaminated soil poisoning 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.

Should I set up a personal injury trust?

If you are receiving means-tested benefits and are awarded compensation following a contaminated soil poisoning injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Contaminated soil poisoning compensation

Calculating how much compensation you can claim for a contaminated soil poisoning 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 contaminated soil poisoning claim could be worth now:

Calculate compensation

How long does a soil contamination poisoning claim take?

How long it can take to secure compensation for soil contamination poisoning can vary considerably.

If your employer or responsible party accepts liability, a claim could be settled in a month or two. If the employer denies liability, it could take significantly longer. Normally a hazardous substance injury claim should take 6 to 9 months. See more: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your contaminated soil poisoning 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.

How did your injury occur?

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

No win, no fee

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

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 contaminated soil poisoning injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my contaminated soil poisoning 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 contaminated soil poisoning claim?

If your contaminated soil poisoning claim is not successful then you do not have to pay any legal 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.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

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:

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Contaminated soil poisoning 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 a contaminated soil poisoning claim?

In general, you have a time limit of up to 3 years from the date of the contaminated soil poisoning to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your contaminated soil poisoning claim becomes 'statute barred'.

Can I claim for a contaminated soil poisoning 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.

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 contaminated soil poisoning compensation.

In reality, there are a number of factors that can affect whether a contaminated soil poisoning 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

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.

Read more about this Quittance Legal Expert