Claim Against Birmingham City Council – How To Sue For Compensation

This guide will explore when a claim against Birmingham City Council could be justified. As the person in control of a public space, your local council owes a duty of care to keep you reasonably safe. If they fail to uphold their duty of care, it could lead to you experiencing harm, either physically or psychologically.

claim against Birmingham city council

Can I claim against Birmingham City Council?

We will explore the responsibilities your local council has as part of their duty of care in more detail later on in this guide.

Additionally, we will share how you can make a legitimate claim for a personal injury, including the steps you could take to seek compensation, such as the evidence you can gather to support your claim.

Please read on for more information. Alternatively, you can get in touch with our advisors for free legal advice regarding your potential claim. To get in touch, you can:

Select a Section

  1. Claims Against The Council For Personal Injury
  2. How To Make Data Breach Compensation Claims
  3. Claims Against The Local Council For Housing Disrepair
  4. Can I Make A No Win No Fee Claim Against Birmingham City Council?
  5. How Long Do I Have To Start A Claim?
  6. Get Advice On A Potential Claim Against Birmingham City Council
  7. More Resources

Claims Against The Council For Personal Injury

The person in control of a public space owes visitors a duty of care under a piece of legislation called the Occupiers’ Liability Act 1957. This law requires them to ensure that the area is as safe as reasonably possible for the public to use for its intended use. This duty extends to local councils.

If your local council were to breach this duty of care to you, it could lead to an accident (e.g. a slip or trip) that could see you sustaining an injury, such as a break or fracture.

In order to make a successful claim, you must prove that because your local council breached their duty of care, you were injured. This is known as negligence.

To discuss whether you could claim for an injury sustained due to a third party’s negligence, get in touch. An advisor can advise on when a potential claim against Birmingham City Council could be justified.

How Could I Be Injured?

There are a variety of scenarios in which you could be harmed in a public place. For example, you could sustain an injury in the following places:

  • Streets, roads and pavements.
  • Parks and open spaces.
  • Leisure centres and sports areas.
  • Park benches.

Your local council must ensure that any public space they are in control of is free of known risks and hazards to prevent potential accidents from happening. However, if they were to breach this duty and you sustained an injury in an accident such as a broken rib or broken hip, you may be able to make a claim.

There are pieces of evidence you can collect to help support your claim, such as:

  • Witness contact details.
  • Medical reports proving any treatments and diagnoses’ you have received.
  • CCTV footage capturing the accident.

To learn more about the personal injury claims process, get in touch on the number above.

Compensation Payouts For A Personal Injury Claim

After a personal injury, you could make a claim for compensation. The settlement you receive could comprise special and general damages.

Special damages seek to provide compensation for the financial harm caused by your injuries. For example, due to your injuries you had to take time off of work, so have lost out on wages. In these instances, you could claim back the lost earnings under special damages.

General damages seek to provide compensation for the pain and suffering caused by your injuries. Consideration is given to the impact they have had on your quality of life. Additionally, the severity of your injuries is also considered.

Medical evidence can be used to help solicitors value your injuries alongside another resource called the Judicial College Guidelines (JCG). The JCG contains bracketed compensation amounts corresponding to different injuries.

We have provided a table using figures from the JCG. Please only use this table as a guideline.

Injury TypeNotesGuideline Amount
Brain Damage(c) Moderate (i)£150,110 - £219,070
Back Injuries(a) Severe (i) £91,090 - £160,980
Injuries to the Pelvis and Hips(a) Severe (i)£78,400 - £130,930
Neck Injuries(a) Severe (ii)£65,740 - £130,930
Chest Injuries(b) A Severe and Traumatic Injury£65,740 - £100,670
Psychiatric Damage Generally(b) Moderately Severe£19,070 - £54,830
Ankle Injuries(b) Severe£31,310 - £50,060
Other Arm Injuries(c) Less Severe£19,200 - £39,170
Knee Injuries(b) Moderate (i) £14,840 - £26,190
Post-Traumatic Stress Disorder(c) Moderate £8,180 - £23,150

Speak with our advisors for more information on the compensation you could receive following a successful claim.

How To Make Data Breach Compensation Claims

A personal data breach involves a security incident that causes your personal data to become:

  • Lost;
  • Destroyed;
  • Or altered either accidentally or unlawfully.

It can also involve your personal data being accessed or disclosed without authorisation.

Personal data is any information that can be used to identify you. Examples can include:

  • Name.
  • Address.
  • Contact number.
  • Bank details.

As a data controller, your local council must adhere to the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). These pieces of data protection law sets out the data controllers and data processors responsibility for protecting personal data. A data controller decides why and how your personal data will be processed whilst a data processor acts on the controller’s behalf. A controller can also process the data themselves.

In order to make a personal data breach claim, you must prove that an data controller or data processor’s failings caused your personal data to become compromised and, as a result of this, you suffered either financially or mentally.

For information on when a personal data breach claim against Birmingham City Council could be justified, get in touch on the number above.

Claims Against The Local Council For Housing Disrepair

The Housing Act 1988 states that your landlord has a duty of care to ensure that you are living in a house that is safe and well maintained.

Some of the things that your landlord is responsible for are:

  • Mould and dampness.
  • Fire safety regulations.
  • The property’s structure, both interior and exterior.
  • Electrical wiring.
  • Pipes and drains.
  • Gas, water, sanitation and electricity must be maintained also.

If your local council is your landlord, this duty of care extends to them.

To find out whether you can make a claim due to housing disrepair, speak to a member of our team today.

Can I Make A No Win No Fee Claim Against Birmingham City Council?

A No Win No Fee solicitor could offer to represent your claim under a Conditional Fee Agreement. This means you won’t pay for their services if the claim fails.

If the claim succeeds, you will pay a small success fee out of your compensation (which is capped by law) to your solicitor.

For more information about No Win No Fee arrangements, speak with our advisors today.

How Long Do I Have To Start A Claim?

Under the terms of the Limitation Act 1980, there are time limits to making a personal injury claim. This is generally three years from the date of the accident or the date you connected your injuries with negligence. There are certain exceptions that may apply depending on your specific circumstances.

The time limits are different for other types of claims. For example:

  • Data breach claim: You have six years to start a claim. If you are claiming against a public body, this is reduced to one year.
  • Housing disrepair claim: Depending on the type of housing disrepair claim you are making, you may have between 3 or 6 years to start your claim.

If you are unsure as to how long you have to start your specific claim, you can speak with our advisors.

Get Advice On A Potential Claim Against Birmingham City Council

We hope this guide on when a claim against Birmingham City Council could be justified has helped. However, we understand you may have questions. If so, you can get in touch with our team. To reach them:

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Speak with our advisors if you are still unsure when a claim against Birmingham City council could be justified.

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