Inadequate Lighting Injury Compensation Claims

If your life, or the life of a loved one, has been affected by an inadequate lighting accident, we can help.

If someone else was responsible for your injuries, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim for a slip, trip or fall with the help and support of a personal injury solicitor.

Your solicitor will ask you about how your accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will then identify who is legally responsible. Based on your injuries, lost earnings and other expenses they will also work out how much money you can claim.

We can help you make a slip, trip or fall claim, on a No Win No Fee basis.

In this article

Introduction

Accidents and injuries arising from trailing wires, discarded rubbish or unmarked steps often result in claims for compensation. Slip and trip claims are particularly common examples, and such injury claims frequently have a greater chance of success if the accident has occurred in an badly lit environment.

Your solicitor can help you claim compensation for accidents related to inadequate lighting hazards, including those that occurred in unlit stairwells, dark storerooms and streets and roads with damaged street-lighting.

Poor lighting and injury claims

If an area is badly lit, steps, wires and other hazards can be harder to avoid. An area may be poorly lit due to a lack of lighting, poorly placed light fittings, or because light bulbs have blown and have not been replaced.

Inadequate lighting in a public place or in the workplace can make it easier to prove that a defendant was responsible for your accident. In order to win claim you may need to prove that the defendant has been negligent in failing to install and maintain adequate lighting.

A failure to install or regularly check on lighting may amount to a 'breach of duty of care'. It is necessary to establish who is responsible for keeping an area well lit to determine whether that party owed you a duty of care, and whether they can therefore be held liable for your injury.

If the accident was at work

Usually if the accident happened at work your employer will be found to be responsible. However, if they rent the office space it may be that the landlord they rent from is responsible for maintenance of lighting. This is more likely to be the case in common areas like stairwells and entryways.

If the accident was in a communal area

If you were injured as a result of a fall in a communal area - for example in the stairwell in a block of flats - the owner of the building may be responsible. The owner may outsource their maintenance duties to another company, a managing agent. In either case, failing to monitoring the state of the lighting and carrying out regular repairs may amount to negligence.

If the accident was in public

If you slipped or tripped due to poor lighting in a public place such as a street or subway, the local authority or council may be responsible. Your solicitor will be able to identify the responsible party and confirm how to proceed with a claim.

Do I have an injury claim?

You should be eligible to make an injury claim if your injury happened:

  • in the last 3 years, and;
  • someone else was at fault, 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 injury claim on their own behalf.

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

Can I make an inadequate lighting injury claim right up to the three-year limit?

Technically, yes. However, in practice, not always. Many solicitors will not take on an inadequate lighting injury claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

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 an injury? (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

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.

For example:

General damages for a serious leg injury can be £40,000

For a more minor wrist injury, in isolation, you would typically receive £2,900.

However, if you have a serious leg injury and a more minor wrist injury, you would typically receive £40,000 + a reduced percentage of £2,900.

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 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 injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Will I have to pay tax on my inadequate lighting injury compensation?

If you receive financial compensation following an inadequate lighting injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.

Can I claim for prescription costs?

Special damages are awarded for costs or losses incurred as a result of the inadequate lighting injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.

Calculate my injury compensation

Calculating how much compensation you can claim for an 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 injury claim could be worth now:

Calculate compensation

How long does an inadequate lighting injury claim take?

How long it can take to secure compensation for an inadequate lighting accident can vary significantly.

A straightforward liability accepted injury claim might be concluded in a month or two. However, if liability is denied it could take significantly longer. Usually, a slip or trip claim should take 6 to 9 months. How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and 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.

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.

Read more:

Will my injury claim go to court and what if it does?

How does no win, no fee work?

Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay whatsoever if you do not winn your claim .

No win, no fee guarantee

Our no win, no fee guarantee means there is zero financial risk in making an injury claim - even if you don't win your 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, once your claim is settled. 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 do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. inadequate lighting injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

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:

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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:

Claiming on behalf of another person.

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.

Read more:

Claiming compensation if you were partly responsible for an accident.

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.

Calculate your claim limitation date

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.

Read more:

Will I have to visit a solicitor's office?

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.

Read more:

How to I get an interim compensation payment?

Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher