Oldham Borough Council - How To Sue For Compensation

This guide will explore when a claim against Oldham Borough Council could be justified.

Can I claim against Oldham Borough Council?

As an occupier, the local council owes a duty of care to members of the public. If they breach this duty of care and you are caused harm, you may be able to seek compensation. We will explore the responsibilities they have as per their duty of care in more detail throughout our guide.

Additionally, we will explore the steps you could take following an accident that has caused you to sustain harm.

We will also look at what your settlement could comprise and how compensation is often calculated.

Please read on to learn more about making a personal injury claim. Alternatively, our advisers are here 24 hours a day to provide you with legal advice regarding your specific claim. You can get in touch by:

Calling 0800 408 7827
Using our live chat function below.
Fill out our contact form.

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Can I Make A Personal Injury Compensation Claim Against Oldham Borough Council?

The Occupiers’ Liability Act 1957 states that the party who is in control of a public place has a duty of care to protect any members of the general public who access it. This means that any public space your local council is in charge of, they must ensure that it is reasonably safe from known risks and hazards. If your local council were to breach this duty of care, it could cause an accident that sees you becoming hurt.

A few examples of how you could suffer a public place injury include:

Slip or trip accident – For example, a tree root may have been poking out from under the pavement causing you to trip over. This could lead to various injuries such as a broken ankle injury, a broken forearm injury, or a broken foot injury.
Failure to maintain equipment in public spaces – For example, a broken park bench or swing set could result in someone suffering a break or fracture.

However, it’s important to note that not all accidents in a public place could form the basis of a valid claim against your local council. In order to seek compensation, you must prove that they breached the duty of care they owed you and caused you harm as a result. This is known as negligence.

For more information on when a claim against Oldham Borough Council could be justified, get in touch on the number above.

What Personal Injury Compensation Payout Could I Receive?

When making a successful personal injury claim, your settlement could be divided into two forms of damages known as special and general damages.

Any compensation you may receive for the financial impact the injury has had on you is reimbursed under special damages. This can include paying for a private carer or covering lost wages. Providing financial evidence of these losses could help support your claim for them.

Compensation for the mental and physical impact the injury has had on you is compensated under general damages. The impact on your quality of life and the pain and suffering you have endured is considered.

Below, we have included a table of compensation amounts for various personal injuries. The following compensation brackets align with the 16th edition of the Judicial College Guidelines (JCG). The JCG is often used by personal injury lawyers in valuing the general damages portion of your settlement. Please only use the following amounts as a guideline.

Injury	Compensation:
Back Injuries - (a) Severe (i)	£91,090 - £160,980
Back Injuries - (b) Moderate (ii)	£12,510 - £27,760
Foot Injuries - (c) Very Severe	£83,960 - £109,650
Foot Injuries - (g) Modest	Up to £13,740
Leg Injuries - (b) Severe (ii)	£54,830 - £87,890
Leg Injuries - (c) Simple Fractures (iii)	Up to £11,840
Hand Injuries - (e) Serious	£29,000 - £61,910
Hand Injuries - (f) Severe Fractures	Up to £36,740
Shoulder Injuries - (a) Severe	£19,200 - £48,030
Shoulder Injuries - (c) Moderate	£7,890 - £12,770

For further information on how much compensation you may be entitled to, talk with our team today.

Taking Legal Action Against A Council For A Data Breach

The Data Protection Act 2018 (DPA), alongside the UK General Data Protection Regulation (UK GDPR), provide the framework for processing the personal data of those who reside in the UK. If an organisation were to breach data protection law, your personal data could become compromised.

A data breach can involve a security incident that leads to your personal information being lost, stolen or altered either accidentally or unlawfully. It can also involve the unauthorised access to or disclosure of your personal information. Your personal data can include information such as your name, postal address, telephone number and banking information. A data breach can be caused by human error due to a lack of training or a cyber-security incident.

An example of how a data breach could happen is if a bag with your private documents was left on public transport. This could result in a member of the public accessing your data without authorisation.

However, in order to make a valid personal data breach claim, you must prove that your personal information was compromised as a result of an organisation’s failings which led to you suffering mental anguish or financial loss.

What Is A Housing Disrepair Claim?

The Housing Act 1988 outlines the responsibilities your landlord has. If the local council is your landlord, they are responsible for making sure your house is safe to live in. This includes making reapairs. Some examples of the repairs your landlord is responsible for include:

Mould and damp.
Structural integrity – both exterior and interior.
Any issues relating to water, gas, electricity and sanitation.
Drains and pipes.
Fire safety.

You can contact our team of advisers today to discuss whether a housing disrepair claim against Oldham Borough council could be justified.

What Is A No Win No Fee Claim?

Our panel of solicitors may be able to help you on a No Win No Fee basis by offering you a Conditional Fee Agreement.

Some of the benefits of this type of arrangement are that if you lose your claim, you won’t pay for your solicitor’s services. Alternatively, a small fee will be deducted from your compensation if your claim wins. This success fee is capped by law.

There are many benefits to a No Win No Fee method of claiming, so why not reach out to our team of advisers? They can discuss your eligibility to claim and could assign a solicitor to work on your case.

Claiming Within The Time Limit

The Limitation Act 1980 states that there are certain time frames in which you can start a claim. Those are as follows:

Personal injury claims – You generally have 3 years from the date of the accident or when the injury was first connected to negligence. There are exceptions to this.
Personal data breach claims – You generally have 6 years to start a claim which is reduced to one year when claiming against a public body.
Housing disrepair claims – You will have between 3 or 6 years to start a claim depending on the type of housing disrepair claim you wish to make.

Speak with an advisor today for more information on the time limits for starting a claim.

Learn More About Making A Potential Claim Against Oldham Borough Council

Our expert team of advisers are available 24 hours a day to talk with you about your situation and explore your next steps. Additionally, an adviser can also discuss when a claim against Oldham Borough Council could be justified.

You can get in touch by:

Calling 0800 408 7827
Using our live chat function below.
Fill out our contact form.

More Resources

For more of our articles:

For additional resources:

The Information Commissioner’s Office (ICO) – Your Data Matters
NHS – First Aid
GOV – Statutory Sick Pay

Please speak with a team member today about when a claim against Oldham Borough council could be justified.

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Editor MIT

How To Claim Against Oldham Borough Council

Oldham Borough Council – How To Sue For Compensation