Suffering reduced or damaged vision can be a frightening experience. It can greatly impact your ability to work, drive, look after children and care for yourself. If you experienced an injury that resulted in impaired or lost vision in an accident at work, in public or on the roads because of a negligent third party, you might wonder if you could make a loss of sight claim for personal injury compensation.
Our guide starts by discussing how compensation is calculated in successful claims and the impacts of eye damage it can address. How much compensation is awarded can depend on your specific claim so we provide further guidance on this. We then explain the criteria that need to be met for a loss of sight claim to be eligible.
Furthermore, we discuss the legislation that sets out the duty of care certain third parties owe, including employers, road users, and occupiers. Later, we also provide some examples of how ocular damage can occur leading you to claim compensation.
In addition, we look at the evidence you can use to strengthen your claim. Lastly, we lay out the advantages of working with a solicitor under No Win No Fee terms when starting your compensation claim.
If you would like to learn more, please read on. Or why not contact our advisors for a free assessment to see what your claim is worth now?
- Call on 0800 408 7826
- Use the live discussion box to get in touch.
- Fill out our online form.
Jump To A Section
- Compensation Calculator For A Loss of Sight Claim
- Can I Make A Loss of Sight Claim?
- What Accidents Could Lead To Loss of Sight Compensation?
- What Evidence Could Help Me Claim For Loss of Sight?
- Why Make A Loss of Sight Claim Using A No Win No Fee Solicitor?
- More Useful Resources About Loss of Sight Claims
Compensation Calculator For A Loss of Sight Claim
To begin, we look at the two heads of loss that can be awarded as part of a settlement in a successful claim. These are called general damages and special damages.
General damages compensate the claimant for their physical suffering and emotional harm brought on by the injuries. To get a clearer picture of the extent of eye damage, it might be necessary to sit for an independent medical evaluation as part of the claims process. If you instruct a solicitor to represent you, they can help arrange this as part of the services they offer.
Those responsible for calculating general damages can refer to this medical report. Also, they might consult publications like the Judicial College Guidelines (JCG). This document provides guideline award brackets based on the type and severity of eye damage. We’ve compiled a table below to illustrate.
Because each loss of sight claim will differ, please regard these amounts as guides only. Furthermore, our first entry comes from another source, not the JCG.
Compensation Guidelines
Area of Harm | Severity | Guideline Compensation Brackets | Notes |
---|---|---|---|
Multiple severe injuries with monetary damages | Severe | Up to £1 million plus | Compensation for the pain and suffering of several severe injuries and special damages award, such as for care costs, loss of employment and medical expenses. |
Eyes | Total blindness | In the region of £327,940 | Cases of complete and permanent sight loss. |
Sight loss in one eye and a reduction in vision in the remaining eye (i) | £117,150 to £219,400 | Cases of serious risk of further deterioration in remaining eye. This goes beyond a risk of sympathetic ophthalmia. | |
Sight loss in one eye and a reduction in vision in the remaining eye (ii) | £78,040 to £129,330 | A reduction of vision in remaining eye and double vision problems. | |
(d) Total loss of one eye | £66,920 to £80,210 | Award takes into account psychiatric effects, age and cosmetic impact. | |
(e) Complete loss of sight in one eye | £60,130 to £66,920 | Awards here consider increased risk of sympathetic ophthalmia and some scarring. | |
(f) Serious but incomplete loss of vision in one eye | £28,990 to £48,040 | No great risk of vision reduction in the remaining eye. |
Special Damages When Claiming For Loss Of Sight
A successful loss of sight claim can also incorporate special damages if there is supporting documentation. This compensates the claimant for the financial harm and expenses incurred due to their injuries. Some of the costs that could be claimed back include:
- Loss of current or future income.
- Travel fares, such as taxis or buses to important medical appointments.
- Cost of domestic care.
- Modifications at home to cope with sight loss.
Evidence, such as payslips, receipts, invoices, and bank statements, can all help you prove monetary damage.
Get in touch with our team to find out how much you could be owed in general and special damages. Our team can connect eligible claimants to a personal injury solicitor on our panel who could help value your case as part of the services they provide.
Can I Make A Loss of Sight Claim?
There are several parties who owe a duty of care to protect your health and safety. For example, employers, occupiers, and road users. Below, we have set out the legislation that lays out each duty and how they should uphold it.
- The Health and Safety at Work etc. Act 1974 (HASAWA) obliges all employers to take reasonable and practicable steps to prevent employees from experiencing harm as they perform their duties. Failure to do so could result in an accident at work in which an employee is injured.
- The Occupiers’ Liability Act 1957 states that those in charge of public space must take steps to put measures in place to ensure the reasonable safety of those using the place as intended. Public liability claims can be made if they fail to do so leading to a public place accident in which someone becomes injured.
- All road users have a duty of care to drive and navigate the roads in a way that poses the least risk of harm and damage to themselves and others. This is outlined in the Road Traffic Act 1988 and associated rules in the Highway Code. If they fail to do so, it could lead to a road user, such as a pedestrian or driver, becoming injured in a road traffic accident.
If a third party owed you a duty of care, breached this duty, and this led to you suffering an injury, such as loss of sight, this is negligence. You need to prove negligence in order to have a valid personal injury claim.
Please contact our team to find out who might be liable for the accident in which you suffered harm and whether you could claim against them.
What Accidents Could Lead To Loss of Sight Compensation?
The following examples illustrate how a breach may give rise to a legitimate claim for damage to eyesight:
- Your employer could be liable if you were not supplied with the correct and necessary personal protective equipment (PPE) at work, such as goggles when using tools on a construction site. As a result, your eyes were exposed to sparks, bright lights, chemicals or lasers.
- Another driver drove the wrong way down a one-way street causing them to collide with you head on. As a result, glass fragments pierce your eyes, causing temporary or permanent reduced sight.
- Despite complaints being made about a loose sign outside a shop, the shop owner took no steps to fix it. As a result, the sign fell on a member of the public causing them to suffer severe brain damage leading to partial sight loss.
Call our team using the number above to discuss your specific case and find out if you’re eligible to make a loss of sight claim.
What Evidence Could Help Me Claim For Loss of Sight?
To have a valid loss of eyesight claim, it’s important that you can prove the other party was at fault. Your compensation claim will rely on evidence that shows this, so gathering the following can help:
- A copy of any on-site accident reports.
- Copies of your medical treatment from eye specialists, your GP and the hospital.
- The contact information for eyewitnesses who can be approached later for a supporting statement.
- Any CCTV footage that captured the accident.
- Photos of your eye injuries.
Furthermore, you might benefit from seeking legal advice from a personal injury solicitor. They can help you gather evidence and ensure your loss of sight compensation claim is brought forward within the limitation period for personal injury claims.
Is There A Time Limit For Loss Of Sight Compensation Claims?
In most cases, you have three years from the date of the accident to submit a personal injury compensation claim as laid out in the Limitation Act 1980. There might be exceptions made to this. For example:
- For claimants under 18, the deadline is suspended. Sometimes the courts appoint a litigation friend, such as a family member, to launch the claim on their behalf. If no claim is put forward for them, the three-year period commences from the date they turn 18.
- If a claimant lacks the mental capacity to make a claim on their own, the time limit is suspended indefinitely. Once again, a litigation friend can perform the necessary duties on their behalf. Should the person regain their mental capacity, the three-year limit would re-commence from that date of recovery.
Find out how long you have to begin a loss of sight claim after an eye injury by calling an advisor on the number above.
Why Make A Loss of Sight Claim Using A No Win No Fee Solicitor?
Please contact us if you would like one of our advisors to assess your potential eye damage claim. If they determine that it qualifies, they can put you in touch with one of our panel’s personal injury solicitors. These solicitors can provide their services through a form of No Win No Fee contract. The one in particular that they offer is called a Conditional Fee Agreement (CFA) is suggested and this helps in several ways.
Firstly, the conditions of a CFA usually eliminate the need for any upfront solicitors fees or any fees for their ongoing services. In addition to this, if your claim fails, there is no charge for completed work by the solicitor.
Ideally, your loss of sight claim will be a success. If so, the solicitors will deduct a legally capped percentage from the compensation as their success fee. This means you always benefit first and foremost from the positive claim outcome and get the bulk of the compensation.
To discuss your potential loss of sight claim and find out whether a solicitor from our panel could assist you in claiming compensation, please get in touch with an advisor. You can:
- Call our advisors 24/7 on 0800 408 7826
- Use the live discussion box on our screen to ask a question.
- Fill out our online form.
More Useful Resources About Loss of Sight Claims
More of our helpful guides:
- This guide looks at broken eye socket claim.
- Find out if you could seek compensation for a fractured skull and how settlements are calculated.
- Here we look at medical malpractice settlements and what they can be worth.
External resources to help:
- Read how to request CCTV footage of yourself.
- Advice on living with sight loss from the (RNIB).
- Information about laser eye surgery from the NHS.
Thanks for reading this guide on a loss of sight claim. If you have any other questions, please get in touch using the details above.