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  • Pothole Injury Claims

Pothole Injury Claims

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Local authorities have a duty of care to make sure pavements and roads are reasonably even and safe for road users and pedestrians alike. Unfortunately, neglect can cause potholes to form, which can result in serious injury. for travellers of all kinds.

If you’ve been injured in an accident involving a pothole or other damaged road surfaces, we could help you to make a pothole damage claim for compensation. We offer a free initial consultation where we’ll discuss your case and the steps forward to claim compensation from your local authority or council. Speak to us today about what happened to you.

Our solicitors have helped many people claim compensation from pothole injury claims including:

  • Cyclists
  • Motorcyclists
  • Pedestrians
  • Vulnerable road users such as children.

Why choose Irwin Mitchell for your pothole damage claim?

Our personal injury team of solicitors continue to secure more compensation for our clients than any other UK law firm. We’ve won our clients over £1.5 billion in personal injury claims.

We’ve an in-house team of Support and Rehabilitation experts, who are clinical specialists in assessing the help you need most. Our strong relationships with charities like Aftermath and support groups across the UK means we can get you help that’s close by.

Our Asset Management team of financial advisors is also on hand to help you once your claim’s been settled. Suddenly being awarded a large sum of money may be slightly overwhelming, so they can advise you on how to make your compensation pay for all your needs and last as long as you need it to.

If you wish to discuss your claim in person, you can come to one of the many offices we’ve located across the UK. We’ve confidential meeting rooms for you to meet with your solicitor. We work in the way that suits you best, so if you’d rather speak via phone or video call, we can arrange this too.

Our Court of Protection team can help you to set up a personal injury trust, which makes sure your compensation isn’t taken into account when deciding whether you’re entitled to benefits.

No Win No Fee*
Help from expert support and rehabilitation coordinators
Dedicated personal injury legal experts
Offices across the country

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0800 056 4110

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More information on pothole injury claims

If you sustained an injury that was caused by a pothole, and it’s provable the hole was deep enough to meet the legal standards to claim, you could be entitled to compensation.

You could also make an injury claim if the road surface was damaged so badly that the vehicle you were in was involved in an accident.

You could make a pothole claim if you were any of the following:

  • Pedestrian
  • Vehicle driver or passenger
  • Motorbike rider or passenger.

If a loved one lost their life through an injury involving a pothole, you could make a claim for compensation on their behalf.

You can also claim on behalf of vulnerable road users, such as children or adults without the mental capacity to make their own claim.

In most cases involving pothole injuries in the UK, the County Council is responsible for keeping public roads, pavements, and footpaths safe. In some instances, a utility company may be at fault. We’ll investigate and help you claim compensation from the party responsible for your injury.

The following list shows which authorities may be responsible:

  • England – The County Council, Unitary Authority or Metropolitan District
  • Wales – The County Council or Borough Council
  • Scotland – The County Council or Borough Council
  • Greater London – The London Borough Council
  • City of London – The Common Council
  • London Tube stations – Transport for London owns certain areas of the highway around tube stations, and they are responsible for maintaining these areas
  • Motorways or major trunk roads – The Highways Agency or the Secretary of State for Transport.

To prove that the pothole was of sufficient size to cause injury, you should take photographic evidence of it. You should also try to photograph the measurements of the depth of the pothole, ideally using a ruler or tape measure.

It’s important to take the names and contact details of any witnesses who can support your claim, too.

We understand that gathering evidence won’t be at the top of your list of priorities after an injury. If you weren’t able to collect evidence at the time, we’ll work to gather all available proof to support your claim.

The amount of compensation awarded in each claim is unique, as the sum is calculated based on individual circumstances.

How much compensation you’re awarded in a pothole claim may includes:

  • The circumstances around the injury
  • The injuries you sustained and the impact the injuries will have on you in the long term
  • Any loss of earnings you’ve had through being unable to work
  • Medical and travel expenses you’ve incurred through trips to hospital
  • Any specialist equipment or treatment you’ve had to pay for
  • Any modifications you need making to your home.

We handle most of our personal injury claims on a no win no fee basis. The benefit of making a no win no fee claim is that there’s nothing to pay upfront and nothing to pay at all if your claim is unsuccessful.

If your claim is successful, most of our fees will be paid by your opponent.

We’ll take out an After The Event (ATE) insurance policy on your behalf, which you’ll need to make a no win no fee claim. An ATE insurance policy removes the financial risk to you if your claim isn’t successful.

We’ll discuss the finer points of no win no fee, along with alternative funding options, before we start working for you.

Frequently Asked Questions

How deep does a pothole have to be to make a claim?

Potholes and other road damages are generally considered unsafe if they’re at least one inch deep on the pavement, or 40mm deep on a carriageway. You’ll need photographic evidence that proves the depth of the pothole, such as measuring it with a tape measure.

You’re unlikely to be able to claim if the pothole was shallower than one inch.

If you’re unsure whether you could claim, it’s best to speak to our solicitors in a free initial consultation. They’ll be able to advise you on whether you’re eligible to make a pothole claim.

What are the time limits for making a pothole injury claim?

You’ve three years from the date of the injury to make a claim for compensation.

There are two exceptions to the three-year limit. These are:

  • People without the mental capacity to make their own claim
  • Children under the age of 18.

It’s always best to start your claim as soon as possible. The details will be clearer in your mind and the minds of any witnesses, and evidence will also be easier for us to gather.

Can you claim if you fall over a pothole?

If you were a pedestrian who was injured after tripping over a pothole, you could be eligible to make a claim.

If you’re unsure whether you’re able to claim, you should contact us for a free initial consultation. Once we’ve heard more about the details of what happened, we’ll be able to advise you on if you could make a claim.

Related Information - Pothole Injury Claims

Claims against the council Our personal injury solicitors can help you to claim against the council
Court of Protection Our Court of Protection team can help you make sure your benefits aren't affected by compensation
Great Adaptations Find out how home adaptations can improve your independence after a serious injury
Rehabilitation We specialise in helping you get the rehabilitation and support you need to make the best recovery you can

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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