Nightclub Injury Claim

Why claim compensation for a nightclub injury?

Nightclub owners must follow strict policies set in place by the UK government. The first piece of legislation is the Health and Safety Act (1974), which clearly outlines that business owners must take responsibility for the safety of their employees.

These responsibilities include:

• Performing regular risk assessments.

• Introducing security measures such as CCTV.

• Promoting a clean workplace.

• Providing proper training.

• Ensuring there are enough people working for each shift.

The Occupiers Liability Act (1957)

The 1957 Occupiers Liability Act is in place to promote the wellbeing of visitors. Nightclub owners must take proper steps to ensure a safe environment and perform regular risk assessments to identify potential hazards.

If there is an accident, the owner should be able to highlight how they took responsibility. Failing to do this could mean you receive compensation.

Any accident can negatively impact your life, but claiming compensation can ensure the same thing doesn’t happen to others. You can also use the money to pay for vital expenses and recover any financial losses from being unable to work.

The causes of nightclub injuries

The causes of injuries sustained in nightclubs depend on how they occurred and whether they were intentional or accidental. Here are common situations in which injuries occur:

Criminal injuries

When drinks are flowing in a lively atmosphere, some people can get carried away. Unfortunately, this could mean you’re the victim of a criminal assault, which can leave you with life-changing injuries.

Knife attacks, being cut with glass, and having your drink spiked are common causes of criminal injuries. If you’ve been injured in this way, you could be entitled to claim compensation if you can prove the nightclub didn’t take action to prevent the crime.

However, even if the nightclub wasn’t at fault, you can still potentially make a claim through the Criminal Injuries Compensation Authority (CICA).

Accidents caused by hazards

Many injuries are highly avoidable, but an unsafe environment can lead to accidents. For example, poorly kept bathrooms can lead to slips and head injuries, while drink spillages can have the same effect.

Other hazards include cluttered walkways, a lack of lighting, and uneven floors. There are plenty of things that can go wrong, but it’s the nightclub’s responsibility to maintain their premises and ensure you’re not at risk.

Employee accidents

Nightclub employees can also be victims of assaults and other injuries if their employer doesn’t take proper safety measures. For example, a lack of training means some employees won’t know how to deal with aggressive customers or carry drinks trays properly. Failing to provide personal protective equipment is also a sign of negligence.

Making nightclub injury claims

If you suffer a nightclub injury that wasn’t your fault, you have every right to file a personal injury claim and receive the financial support you deserve. Before jumping into the process, it’s best to get free legal advice by filling out the online form or calling 0800 234 6438. 

Your legal advisor will learn more about your injury and evaluate whether there’s negligence involved. They’ll then connect you with a no win no fee solicitor specialising in personal injury claims.

Filing with a no win no fee service

Making a compensation claim with a no win no fee lawyer gives you more protection, as they don’t charge any upfront fees. In contrast, a traditional solicitor usually has an hourly fee, and you’ll pay this regardless of whether you receive compensation.

The claims process can go on for a long time, and there are no guarantees that you’ll receive an award. Working with a no win no fee solicitor means you don’t spend a penny unless they win your case.

Calculating an amount

When deciding how much compensation you’re entitled to, your personal injury solicitor will review your injuries and determine the degree of negligence. They’ll also gather evidence that proves your nightclub accident was the owner’s fault and factor in any damages suffered.

Once they have an amount in mind, they’ll liaise with the negligent party to secure your case.

Negotiations

In an ideal world, your solicitor would present the negligent party with an amount, and your no win no fee personal injury claim would settle. In the real world, negotiations can drag on, as the nightclub’s insurance provider will naturally want to lower the award.

Your solicitor will fight in your corner and keep you informed throughout the process. Going to court is rare, but it can happen if both parties disagree.

Settling your claim

Once both parties reach an agreement, your personal injury solicitor will take their fee out of the settlement, and you’ll receive the rest of your money. In most cases, you’ll receive a lump sum, but some people get incremental payments over a set duration.

What evidence do I need for nightclub accident claims?

The key to winning your nightclub accident claim is proving the owner was negligent. Doing this involves providing evidence that your solicitor will usually gather. However, you can strengthen your eligibility and speed up the process by collecting evidence.

Following these steps wherever possible is beneficial for claiming compensation:

• Ask witnesses of the incident for their contact details. Your solicitor can use them to corroborate your side of the story.

• Take photographs of the scene, including spillages, uneven floors, or other hazards, to prove the environment was unsafe.

• Ensure the manager records your accident in the nightclub’s logbook, creating a clear time and date for your solicitor and the negligent party.

• Report your accident to the police immediately if necessary.

• Seek medical treatment from the hospital or local medical centre. They’ll record your injuries, which will then go on your medical file.

• Try to get CCTV footage—although your solicitor will probably contact the pub, bar, or nightclub directly and obtain it themselves.

• Track any expenses due to the accident—for example, earnings losses, transportation costs, medical treatment, etc.

• It’s also beneficial to keep a diary that details how your injuries are impacting your physical and emotional health.

How much compensation will I receive?

As with all compensation claims, there’s no set amount, as it depends on the nature of your injuries and how they impact your life.

Once your lawyer proves that the nightclub owners didn’t adhere to health and safety laws, they’ll look at general and special damages when working out your nightclub injury compensation.

General Damages

In nightclub injury compensation claims, general damages refer to the accident, the injuries you sustained, and how they impact your life. Your solicitor will also factor in emotional damage, as a nightclub accident can cause anxiety or – in severe cases – PTSD.

Special damages

Losses of earnings, travel costs, and other financial issues caused by your injury fall in the special damages category. Your solicitor will factor in alterations to your home and damaged personal property as part of the claim.

Estimated compensation amounts

There are no specific compensation amounts, as it depends on numerous factors. However, the following figures are estimates that will give you an idea of what you might receive:

• Minor Jaw Fractures: £5,150 – £6,960.

• Minor Hand Injuries: £4,050.

• Rib Fractures: £3,950.

• Back Injuries: £22,130 – £31,930.

• Serious Leg Injuries: £43,710 – £31,910.

• Facial Scarring: £17,960 – £48,420.

• Minor to Major Head Injuries: £1,880 to over £240,000.

• Nerve Injuries: £10,650 – £22,130.

The best way to see how much you’ll receive for your nightclub accident claim is to speak to your solicitor.