How To Make A Serious Injury Claim For Blindness

This guide will explain when you could be eligible to make a serious injury claim for blindness. We will note the eligibility criteria and time limits that a personal injury claim must meet. You can also find information on the evidence you may need to collect to support your case.

A person's eye which has been blurred and copied to give off a dizzy feeling

Additionally, this guide will discuss the legislation that outlines the duty of care you are owed in different places, including at work, on the roads, or in a public place.

Sight loss can have a significant impact on a person’s life, with adjustments potentially needing to be made to the home, as well as daily activities. Later in the guide, we will explain the compensation that could be awarded to address the ways you have been affected by your injury following a successful personal injury claim settlement.

Finally, we will give key information on the No Win No Fee terms that our solicitors could offer to represent your case under, if you have valid grounds to claim compensation.

Our advisors can talk to you about serious injury claims and assess your eligibility to seek compensation. This service is free, so please reach an advisor through any of the below routes:

Select A Section

  1. Eligibility Criteria To Make A Claim For Blindness
  2. How Long After A Serious Injury Could You Claim Compensation?
  3. Proving Serious Injuries Led To Sight Loss Or Blindness
  4. Examples Of Payouts For Sight Loss Or Blindness
  5. Make A Serious Injury Claim For Blindness With No Win No Fee Solicitors

Eligibility Criteria To Make A Claim For Blindness

In order to make a personal injury claim for blindness, you must be able to show that:

  • A third party owed a duty of care;
  • They breached their duty and caused an accident;
  • The accident led to your physical and/or mental harm.

The three points above lay the foundation of negligence in claims for a personal injury.

There are several third parties who owe a duty of care, including employers, road users and those in control of a public space. In the following sections, we explore the legislation that sets out the duty of care they owe, and how a breach of this could lead to an accident and subsequent injury.

Serious Road Accident Claims

Road users must follow the rules laid out by the Highway Code and the Road Traffic Act 1988. By doing so, they will uphold the duty of care to protect themselves and others from harm by navigating the road safely. Although all road users owe a duty of care, a greater responsibility is placed on road users who can cause the greatest harm, such as drivers of cars, lorries, and other vehicles. If there is a failure on any road users part to uphold their duty of care, it could lead to a road traffic accident that causes injuries that lead to blindness. 

For example, a driver operates their vehicle under the influence of alcohol, resulting in their judgement and ability to control the vehicle becoming seriously affected. As a result, they move into the wrong lane, colliding with another vehicle in a head-on collision. This results in the windshield shattering causing glass to get into the other drivers eyes, seriously and permanently impairing their vision.

Serious Work Accident Claims

Employers must take all reasonably practicable steps to keep employees safe at work. Should an employer fail to uphold this duty of care, which is set out in the Health and Safety at Work etc. Act 1974, it could result in an accident at work.

For example, an employer fails to carry out a risk assessment or take any safety measures, such as providing safety goggles, before instructing employees to use caustic chemicals in the workplace. As a result, chemicals splash into their eyes and they suffer ongoing issues with their vision. 

Serious Public Accident Claims

The Occupiers’ Liability Act 1957 lays out the duty of care occupiers of public places owe. They need to take steps to keep visitors reasonably safe on the premises. An accident in a public place could occur if this duty is breached.

For example, a restaurant owner does not correctly secure a sign affixed to their outside wall. As a result, it falls on a customer who is entering the building, striking them in the eye causing blindness.

Our advisors can discuss your specific case with you and assess your potential serious injury claim for blindness. You can call the above number to reach them.

How Long After A Serious Injury Could You Claim Compensation?

The general time limit for starting a personal injury claim is three years from the accident date. The Limitation Act 1980 sets out this limitation, but also notes some possible exceptions.

The time limit is paused for a child under the age of 18. It is also paused indefinitely for an adult who lacks the mental capacity to claim themselves. While it is paused, a court-appointed litigation friend can start a claim on behalf of these parties.

If no claim has been started for a child by the time they turn 18, they will have until they turn 21 to begin their own claim. If no claim has been started for a person with a reduced mental capacity, and they recover their mental capacity, they will have three years to start their own claim from the recovery date.

For more information on how long you have to start a serious injury claim for blindness, please call our team on the above number.

Proving Serious Injuries Led To Sight Loss Or Blindness

As part of your serious personal injury claim for blindness, you must show a direct link between a third party breaching their duty of care and your loss of sight. Valid and relevant evidence can help to support and strengthen your claim. As such, you could benefit from gathering:

  • Medical evidence.
  • Video footage from a personal device like a dash cam or CCTV.
  • Photographs of the accident scene.
  • Witness contact information.
  • An official record such as a workplace accident book entry or a police report.

If you have a valid claim and seek legal representation, one of our eye injury solicitors could help gather evidence for your loss of sight claim. Please get in touch with our advisors if you would like to learn more.

Examples Of Payouts For Sight Loss Or Blindness

At this point, you may be wondering what sort of payout for an eye injury you could expect to receive. Settlements can vary depending on the specific nature of each case. Generally, though, you could receive a payout that comprises compensation for the pain and suffering your injuries have caused you. This is awarded under general damages.

The Judicial College Guidelines can assist legal professionals when calculating the value of general damages. This document contains guideline award brackets, some of which you can find in the table below.

Please only use these figures as a guide, rather than an exact representation of what you will receive.

Compensation Table

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INJURY COMPENSATION NOTES
Serious Injuries – Multiple Up to £1,000,000+ Various kinds of serious injuries with monetary expenses.
Injuries Affecting Sight (a) In the region of £403,990 Cases of total blindness and deafness.
Injuries Affecting Sight (b) In the region of £268,720 The injured person is totally blinded.
Injuries Affecting Sight (c) (i) £95,990 to £179,770 Loss of sight in one eye, coupled with reduced vision and a serious risk of further deterioration in the remaining eye.
Injuries Affecting Sight (c) (ii) £63,950 to £105,990 Along with a loss of sight in one eye, the remaining eye has reduced vision with additional problems, such as double vision.
Loss of earnings Up to £100,000 or more Compensation can be awarded under special damages to reimburse for lost earnings incurred due to missing work as a result of your injury, either permanently or temporarily.

Could I Receive Special Damages?

You could also receive compensation for financial losses caused by your injuries under special damages as part of your claim for blindness. For example:

  • A loss of earnings if you have missed work due to your injuries, either permanently or temporarily. This can also include if you have needed to change careers due to the severity of your injuries.
  • Travel costs made necessary by injuries.
  • Healthcare costs, such as prescription fees.
  • The cost of care at home.
  • Home adaptation costs.

If you would like a free and personalised estimate of how much you could potentially receive following a successful claim, please contact an advisor on the number above.

Make A Serious Injury Claim For Blindness With No Win No Fee Solicitors

If you have a valid eye injury compensation claim, one of our experienced personal injury solicitors could assist you. They can help you gather evidence, value your claim, and explain any complex legal jargon. 

These services can be offered under the terms of a specific No Win No Fee agreement. Whilst there are different types, the one they can offer is called a Conditional Fee Agreement (CFA). Entering into a CFA typically means not paying for your solicitor’s services:

  • Upfront;
  • As the claim progresses;
  • If your case loses.

Should your claim for blindness succeed, your solicitor would collect a success fee. This is taken as a percentage of the compensation. However, the percentage they can take is capped by The Conditional Fee Agreements Order 2013 and would be agreed with you before the claim starts.

Talk To Our Team

Our solicitors are experienced in handling personal injury claims and can help with a claim for blindness. You can get a free assessment from our advisors to see if your case could be forwarded to a solicitor. However, if you just want to ask questions about serious injury claims, an advisor can help with this too.

You can speak with the team now through any of these routes:

Further Guidance On Sight Or Hearing Loss Claims

Here are some more guides from us:

For some further handy resources:

Thank you for taking the time to read our guide on making a compensation claim for blindness. Please get in touch with our advisors if you have any other questions.

Guide by EM

Edited by MMI