Claims against local councils typically arise when an individual is injured or suffers financial loss due to the council’s negligence. There are several examples of a council's negligence that could result in a personal injury claim.

Some of the most common types of accident claims include:

• Pavement trips and slips: Councils have a duty under the Highways Act 1980 to maintain public roads and footpaths in a safe condition. Defective pavements, potholes, uneven surfaces, or missing kerbstones that lead to accidents may be the responsibility of the council, and any injuries that arise as a result could lead to a claim. Slips, trips and falls are among the most common types of accidents and can lead to fractures, sprains, cuts, bruises or, in the most serious cases, head injuries.
• Road traffic accidents: If potholes, missing drain covers or inadequate road maintenance cause accidents for cyclists or other road users, the council may also be held liable for this under the Highways Act 1980. These accidents can have serious consequences, including cuts, broken bones and whiplash. Drivers and cyclists may also be entitled to claim for damage to vehicles or equipment.
• Accidents in council-owned buildings: Your local council is responsible for any premises it occupies or manages, and if accidents happen in council buildings like libraries, leisure centres, community halls or offices, you may be able to claim compensation. There are many types of accidents that can arise in these circumstances, from slips on unmarked wet floors to accidents involving machinery or falls from height.
• Accidents in public parks and playgrounds: Poorly maintained playground equipment, unsafe surfaces or lack of safety barriers may be the responsibility of the council, as inspectors must conduct routine evaluations and maintenance of public recreational areas. Cuts, fractures and head injuries all commonly arise from playground equipment-related incidents, and can have serious consequences, especially for children.
• Injuries due to poor street lighting: Councils must maintain street lighting in a condition that is suitable for public safety, and if you can prove that an accident was caused (or made worse) by inadequate or faulty street lighting, you may be entitled to make a council compensation claim. This type of claim may rely on reports from witnesses to demonstrate that the council knew about the issue previously and had failed to address it.
• Injuries from falling trees or branches: Sustaining injuries caused by overgrown or dead trees in public spaces may entitle you to claim against the council responsible. Councils must inspect and maintain trees in public areas to prevent foreseeable risks, and their failure to do so can lead to serious injuries. Overgrown branches can lead to cuts and bruises while falling trees can result in severe consequences, ranging from head and neck injuries to broken bones and crush injuries.

Most claims against local councils involve accidents caused by the poor maintenance of public spaces, roads and council properties. As such, the list above is not comprehensive, and any accident you've experienced in a public space or on council property could entitle you to claim compensation. Speak to the personal injury claims experts at Switalskis today to discuss your circumstances and find out how we can help.

The length of time it takes to resolve a compensation claim against a local council differs in every case. There are a number of factors that affect the timeline, many of which rely on the council’s response to your claim and their decisions about how to proceed.

The first stage of the council compensation claim process is for your solicitor to send a letter of claim to the council outlining the details of the case. The council usually has up to four months to investigate the circumstances of your accident and provide a response. They may respond straight away, or it could take a few months. If the council admits liability early, we can begin negotiations about how much compensation you should receive. This can take a few months, but it usually means that the claim will conclude relatively quickly.

If the council disputes liability, the case may proceed to court. In these cases, factors like court schedules and delays can affect the timeline. There will also be time before the court proceedings begin in which to collect evidence and build the strongest possible case. Then, the court process itself can take anywhere from a few months to a few years. Your solicitor will always work to resolve your case as soon as possible and, in many cases, council compensation claims are settled out of court even after the court process has begun. However, Switalskis will never compromise on the amount of compensation you should receive in order to end the claims process sooner. We'll stand by your side from start to finish to deliver the maximum amount of compensation and support your recovery.

If you believe that you are entitled to make a claim against your local council, the first step of the claims process begins when you contact a solicitor. At Switalskis, we'll talk through your experience and evaluate whether we believe you're entitled to claim compensation. If you decide to move ahead, we'll start gathering evidence and fill out the relevant paperwork to send your claim to the council.

However, before starting a claim against the council, it can help to collect some evidence of your own. There are several steps you can take immediately after an accident to improve your chances of success and maximise how much compensation you'll receive.

Before starting the claims process against a local council, taking certain steps can improve the likelihood of a successful outcome. These steps help to establish liability, document the incident, and strengthen your claim:

1. Gather evidence

Strong evidence is essential in proving that the council was negligent, and that this led to your injury. Consider collecting evidence like:

• Photographs: Take clear photos of any hazard (such as a pothole or broken pavement) that caused your accident. It may help to take pictures from different angles and provide a measuring tape or other item as a reference for the scale of the hazard. If you're able, you should also photograph your injuries in the immediate aftermath of your accident and during your recovery.
• Contact details: If anyone saw the incident, take down their name and contact details. Witnesses can provide statements that confirm how the accident happened and support your version of events.
• CCTV footage: If the incident occurred near a property or public building with cameras, request the footage as soon as possible. Otherwise, there is a risk that it will be deleted before we can access it and use it to support your case.
• Accident reports: accidents that happen in a council building (such as a leisure centre) should be reported to staff. If you reported your accident, ask for a copy of the report.

2. Seek medical attention

Even if injuries seem minor, visit a doctor or hospital as soon as possible. Medical records provide independent proof of the injury and its severity, which is essential for a claim. This can also help to identify any underlying injuries that may not otherwise have been detected straight away. It's important that your compensation claim takes account of all the consequences of the council's negligence to secure the maximum amount of compensation for you.

3. Report the incident to the council

Contact the local council responsible for the area and report the issue. Request a reference number or written acknowledgement. You can also ask whether the council was aware of the hazard before your accident, which may be indicated by maintenance logs or previous complaints. If you cannot access this information, your solicitor may be able to help once you begin the compensation process in earnest.

4. Record your financial losses

Local council compensation payouts are designed to cover any financial losses you experience as a result of negligence. To help you claim as much compensation as possible, keep receipts and records for:

• Medical treatment costs.
• Travel expenses for medical appointments.
• Loss of earnings if you took time off work during your recovery.
• Property damage - such as if a bike or car needs repairs after a pothole accident.

Once you have gathered as much evidence as possible, call the team at Switalskis. We offer a free initial consultation where we can discuss how the council failed in its duty of care to you. Our local authority compensation claims experts have a wealth of experience in all kinds of local council accidents, and we can assess the strength of your claim based on your evidence. In many cases, we'll also pursue your claim on a no win, no fee basis, which means that there's no financial risk to you.

While it's important to build a strong case, you should also bear in mind that most personal injury claims must be made within three years of the accident. Bear this time limit in mind, and act as soon as possible to start the process even if you do not believe you have collected all of the available evidence yet. Taking these steps before starting a claim helps to strengthen your case, but your solicitor will support you to build the strongest possible case once the council compensation claims process is underway.