Call us Free on 0800 056 4110
Claims Against The Council

Pothole Injury Claims

Public roads, pavements and footpaths can cause accidents when they haven’t been maintained properly by councils or local authorities. Our expert solicitors could help you claim compensation if you’ve been injured because of a pothole.

Can You Claim Compensation For A Pothole Injury?

A pothole is considered unsafe when it has a depth of more than 22mm on a footpath, or 40mm on a road. In areas where there is higher footfall or more vulnerable road users (like schools and care homes) there should be a higher standard of maintenance. This means you may be able to claim regardless of the above measurements.

To claim compensation from the council you need to prove your accident happened due to the council’s negligence. Our solicitors have helped many people claim compensation from pothole injury claims including:

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

If you’ve suffered from a pothole injury we could help. 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.

Who Can I Claim Against For A Pothole Injury?

In most cases involving pothole injuries in the UK it’s the County Council who 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
  • 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 – Secretary of State for Transport

What Can You Do To Help Your Claim?

To give your case the best possible chance of success it’s important to make your claim as soon as possible after your accident, especially if repair work is done on the pothole.

It’s also important to take photographs of the pothole and where the injury took place. Take measurements of the pothole, collect any names of witnesses and give us the police incident number if the police were involved.

What Are The Time Limits For Making A Claim?

You usually need to make your claim within three years of when your accident happened. For pothole injuries where the defect can be repaired it helps to make your claim as soon as you can, to make it easier to gather evidence.

If you’re making a claim for your child then you have until they are 18 years old to make a claim. After they turn 18, you or your child will have three years to make a claim.

Sometimes you may need to make a claim on behalf of someone without the mental capacity to make a claim themselves. In these instances there is no time limit to submit your claim.

No Win No Fee

Most of the pothole injury claims we handle are on a no win no fee basis. This means you won’t have to pay anything upfront to make your claim. If your claim is successful, most of your legal fees will be covered by your opponent. Any remaining fees will be paid out of your settlement. If your case is unsuccessful you won’t pay anything.*

Why Choose Us?

As one of the largest personal injury law firms in the UK, our dedicated team are here to help and give your claim the best possible chance of success.

Our expert solicitors have helped many people claim against their council or local authority. In the past two years we’ve helped our personal injury clients claim over £1 billion. We’ll support you throughout the claims process and take all your needs into consideration.

Contact Us

Contact us online or call 0800 056 4110 to arrange a free initial consultation to discuss your claim.

No Win No Fee*

Offices across the country

Many successful claims each year

Help with rehabilitation and support

Call us for a free initial consultation

0800 056 4110

Or we can call you back at a time of your choice

  • Phone lines open 24/7, 365 days a year

Contact us today

For a free initial consultation

Prefer not to call?

Use our form

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

Pothole Injury Claims - More Information
    • What Will Happen When I Make A Claim?
    • When you contact us, you’ll speak to one of our friendly team members, who will talk to you about your injury. This initial consultation is free and from there, we’ll advise you on the best way to take your claim forward.

      Contacting Those Responsible For Your Injuries

      We’ll then get in touch with those responsible for your accident at an early stage to see if they accept the blame for what happened. If they accept responsibility, we’ll try to secure some of your compensation up-front, which can fund private medical care and expenses while your claim is ongoing. These payments, known as interim payments, will be taken out of your final compensation award.

      Gathering Evidence

      Our experts will look into your case in detail, gathering evidence from various sources such as witnesses, CCTV and independent medical professionals.

      We’ll employ medical professionals to find out how your injuries impacted your health and recommend the care you’ll need in the future in order to make the best recovery possible.

      Final Settlement & Compensation Awarded

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim needs to be decided at court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

      Read more about what happens if your case goes to court

    • What Can Compensation Pay For?
    • Every personal injury case is different, so there’s no set amount of compensation you’ll receive. The amount of compensation you’ll get will depend on your circumstances, the severity of your injuries and the long term impact.

      To work out how much compensation you’re entitled to, we’ll take into account factors such as:

      • Expenses – including travel expenses to medical appointments, medical equipment and things that help with practical day-to-day living.
      • Loss of earnings – to cover any time you’ve had off work and time off you may need in the future. This figure can also cover matters such as not returning to the same role or not being able to return to work.
      • Pain and suffering – caused by your injury or illness.
      • Rehabilitation – to help provide the necessary rehabilitation for your recovery and well-being.
      • Adaptations – we can help you adapt your home and vehicle after an injury to help with living independently.
      • Care – to provide for any care and support you may need.

      If you’d like to make a compensation claim, contact us to set up a free initial consultation on 0800 056 4110.

    • How Long Do I Have To Make A Claim?
    • You normally have to make a personal injury claim within three years of the incident so you should contact us as soon as possible. By getting in touch with us soon after your accident can make collecting evidence and finding witnesses easier.

      There are some exceptions to the three year time limit, including:

      • Claims on behalf of children – these can be made at any point before they are 18. When the child reaches 18, they can make their own claim at any stage up until they turn 21.
      • Mental capacity – there are no time limits to make a claim on behalf of someone who doesn’t have the ability to handle their own case.
      • Fatal claims – to make a claim on behalf of your loved one, you’ll have three years from the date they died to make a claim. If a post-mortem found that the death was caused by an accident or illness, you have three years from the point where you discovered these findings.

      If you would like to make a personal injury claim, we urge you to contact us as soon as possible. Call us today on 0800 056 4110 for a free initial consultation to discuss your situation.

    • Can I Make A No Win No Fee Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be better options to fund your claim. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • Meet The Team
    • As one of the largest personal injury teams in the UK, you can rely on us to help you make a compensation claim. We will ensure that you receive the medical and emotional support you need, while also helping you get compensation to pay for expenses such as trips to medical appointments. We have secured our clients more than £1 billion in compensation over the last two years.

      Our lawyers are highly ranked in leading legal guides the Legal 500 and Chambers & Partners. In 2015, the Legal 500 described us as a “leading player” and Chambers & Partners (2016) said: “They are excellent, very knowledgeable and considerate to their clients.”

      We’re also proud to have won the Claimant Solicitor of the Year prize at the Rehabilitation First Awards on seven different occasions. This award recognises our key focus on rehabilitation, making sure that our clients can access the care and support they need.

      View our pothole injury claim experts.

When the case was finally settled, the relief was enormous. I felt as if I had done everything I could to try and stop it happening to anyone else.”

Karen O'Brien, client
Karen, client

Awards & Accreditations

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides – which provide information and recommendations about lawyers and law firms in the UK.

Leading Firm - Legal 500 2017 The Times Best Law Firms 2019 chambers-2019

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

Read More Feedback

Making a difference – specialist care and support services.

Rehabilitation means different things to different people. For some it’s being able to return to work, while for others it’s being able to become more independent around the house. Our personal injury solicitors are here for you whatever your situation is, and you can be reassured that we’ll help you access the care and support you need to make the best recovery possible.

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

© 2019 Irwin Mitchell LLP is Authorised & Regulated by the Solicitors Regulation Authority. Our Regulatory Information.