Poor lighting can make usually safe places quite dangerous. Steps, slopes and objects can almost become invisible if there’s inadequate lighting and accidents can happen as a result. If you’ve been injured in an area that was badly lit, you might be entitled to make a poor lighting accident claim to compensate you for your injuries and suffering.
If you’re not sure whether you’ve got a claim, we can help. Our specialists offer a no-obligation review where your case will be considered and your questions will be answered. After your review, we could connect you with a personal injury lawyer from our panel. Should they offer to take your claim on, you’ll be represented on a No Win, No Fee basis so legal fees will only need to be covered if you receive compensation.
You call us on 0800 652 1345 to discuss your claim or read on to learn more about poor lighting accident claims.
Can I claim compensation for an accident caused by poor lighting?
To determine if you can claim compensation for an accident caused by poor lighting, several factors need to be considered by a solicitor, including:
- Did the defendant in the case owe you a duty of care?
- Were you involved in an accident caused by poor lighting as a result of the defendant’s negligence?
- Have you suffered a personal injury as a direct consequence of it?
You needn’t be too worried about proving a duty of care as your solicitor will verify this at the beginning of the claims process. However, you can try to improve the chances of being compensated by collecting proof to show how inadequate lighting caused you to be injured and why the defendant is liable. We’ll explain more about this later on.
What if the accident occurred in a public place with poor lighting?
If you are on a company’s property, at work, or even walking on a public footpath, you should expect to be kept safe. In fact, you’re likely to be owed a legal duty of care which means the organisation involved should take reasonable steps to try and keep you safe.
This duty of care can be established by laws like the Occupiers Liability Act 1984 and others. In general, these laws mean that companies need to carry out regular risk assessments to identify any potential dangers and take steps to remove those dangers wherever possible.
As such, there should always be adequate lighting to try and make any potential hazards more visible. If that lighting is not in place, has failed or the lighting is not strong enough and that causes you to have an accident, you may have grounds to sue for any subsequent injuries.
Common injuries caused by inadequate lighting
As per the criteria listed above, you could receive compensation for any injuries sustained in accidents related to inadequate lighting. However, some are more common than others including:
- Torn muscles and tendons.
- Cuts and bruises.
- Dislocation injuries.
- Head injuries including concussions.
- Back and spinal injuries.
- Sprained or strained wrists.
To clarify, our solicitors could help you to claim for any injury sustained in an accident that was not your fault. Therefore, even if we’ve not described your injury here, please call our team for free advice about your options.
Types of poor lighting accidents you could claim compensation for
In this section, we’ve listed some types of poor lighting accidents that could lead to a personal injury claim. Don’t put off if we’ve not described your accident as we could still assist you if you’d like free legal advice about taking action for your injuries.
Remember, claims are only possible if the accident was caused by the defendant’s negligence. As such, a poor lighting accident claim might be possible in the following scenarios:
- After you fell down some steps in a cinema because the safety lighting was not working.
- If you were injured while using a sharp tool in an accident at work because poor lighting made it difficult to see what you were doing.
- Where you fell and hit your head because a corridor in a restaurant accident or pub/bar leading to the toilets was unlit.
- If you failed to spot a step and tripped in a poorly lit hotel corridor.
- If you had an accident in a shop storeroom because a skylight had been covered in leaves making your working environment too dark.
Please call us if you would like us to check your chances of being compensated for an accident caused by poor lighting.
Can you sue the council for inadequate street lighting?
The local authority has a duty to maintain and repair street lighting. As such, you may be able to claim compensation from a council if you’re injured due to poor or broken street lights. For example, a claim might be possible if you tripped on a large pothole that wasn’t visible because the street light was out of action.
Proving liability in these cases can be difficult, however. For example, if the light had only failed on that evening, the council wouldn’t have had the opportunity to resolve the issue. As such, before seeking compensation for this type of accident, it may be worth asking residents in the area about how long the fault had been present.
If your claim is taken on, your solicitor may ask for maintenance records to check how often the light had been inspected in recent times.
How much compensation for a poor lighting accident can I claim?
Each compensation claim for an injury due to poor lighting is assessed on its merits, meaning every claim is unique. As such, there’s no set compensation amount for poor lighting accident claims. However, some of the things you could be compensated for if your claim is successful include:
- Physical pain, discomfort and suffering.
- Loss of amenities if your injuries affect your ability to enjoy your normal activities.
- Medical expenses such as treatment at a private hospital or physiotherapy fees.
- Emotional distress, anxiety and other forms of psychological injuries.
- Lost income (now and in the future).
- Care costs.
- Travel expenses.
- Mobility aids.
- The cost of replacing property damaged in the poor lighting accident (clothes, jewellery etc).
- Adaptations to your home if they’ll help you to cope with a permanent disability sustained during the accident.
The value of any injury claim due to inadequate lighting will be based largely on the severity and impact of the injuries the accident caused. As such, your solicitor will spend the time needed to get a full understanding of how you have suffered, physically, mentally and financially before filing your claim.
Please call us on 0800 652 1345 if you would like to discuss this now.
Providing proof for poor lighting accident claims
Insurance providers generally don’t like paying compensation. For that reason, if you claim against one of their clients, you’ll need ample proof about how and why the poor lighting occurred and proof of the impact of your injuries. Such proof may include:
- Medical information. Your solicitor will write to the hospital or GP surgery that treated your injuries and request a copy of any relevant medical notes, test results or X-rays. These will be used to help prove how serious your injuries were.
- Photographic proof. A picture is worth a thousand words as the old saying goes. In fact, a picture of an accident scene can make it significantly easier to prove the cause of the accident and to understand how you were injured.
- Witness statements. If the defendant in your poor lighting accident claim raises doubts over their liability for the accident or the extent of your injuries, your solicitor may contact anyone who saw what occurred to ask them to explain what they saw in the moments leading up to your accident.
- Video footage. If your accident was caught on a CCTV camera, you are entitled to ask the owner to send you a copy of the footage. Bear in mind though, data is usually wiped after about a month so you should make your request as soon as possible.
- Accident report forms. You should always report your accident wherever possible. Legally, most companies must write down what happened in their accident report book. Your copy of the report should mean it’s easy to show where and when you were injured.
When you call our team for a free consultation, please tell your advisor about any proof you already have.
Poor lighting accident claim time limits
In legal terms, personal injury claims have a 3-year limitation period. If you’ve injured yourself because of poor or inadequate lighting, the limitation period will usually start from the date of the accident.
If your child is the injured party, their time limit begins on their 18th birthday. However, you can claim on their behalf at any point before then. A personal injury solicitor from our panel can help if you’d wish to start a child’s personal injury claim.
While 3 years does seem like a long time, we believe it’s best to start the ball rolling with your claim as soon as possible. This should mean that there is enough time for gathering proof and arranging a medical assessment.
No Win, No Fee claims
We believe that you’ll have a better chance of being compensated fairly for a poor lighting accident if you’re represented by a personal injury solicitor. We know that the cost of a solicitor can be off-putting so ours provide a No Win, No Fee service for all accepted poor lighting accident claims.
After your claim has been reviewed, you’ll be sent a Conditional Fee Agreement (CFA) if your solicitor believes your claim has a good chance of being successful. If you’re happy to proceed, your solicitor will start working on your case once the paperwork has been signed.
Their work during a poor lighting accident claim will typically include:
- Finding the proof and medical information needed to support the claim.
- Contacting the defendant and communicating with their insurance provider.
- Arguing your case and trying to handle any objections they face.
- Sending you updates throughout the claims process.
- Trying to secure the highest possible compensation figure to cover your suffering.
No Win, No Fee means that your solicitor can do their work without being paid upfront. If the claim doesn’t work out, you won’t pay any legal fees at all. If the claim is won, a success fee will be taken from your compensation to cover your solicitor’s efforts.
Start a poor lighting accident claim today
To find out if you could claim compensation for injuries sustained in an accident caused by poor lighting, please call 0800 652 1345. A friendly member of our team will consider your case with you, provide free legal advice and explain your options and potential next steps.
If you’d like to claim for your injuries and a personal injury lawyer from our panel agrees to help, you’ll receive specialist legal representation on a No Win, No Fee basis. That means no legal fees need to be paid at all unless you are paid compensation. Knowing that will usually reduce a lot of the stress involved in claiming.
Please use live chat to connect with us if you have any further questions on poor lighting accident claims, or claim your free consultation here.