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.
The purpose of this guide is to help anyone who has suffered an inadequate lighting accident 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
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.
Quittance's solicitors have helped claimants receive 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.
Do I have an injury claim?
You should be eligible to make an injury claim if your injury happened:
- in the last three years, and;
- someone else was at fault, 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 there is no evidence?
Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win an inadequate lighting injury claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.
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.
The amount of money you could claim for your 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 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 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
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 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, 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 an inadequate lighting injury 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?
What if I am not yet sure of the extent of my injury?
If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.
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:
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?
Caring and sensitive support
Your solicitor will handle your 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.
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.
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
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 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 612 7456 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 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.
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.