Pothole injury claims seek compensation when you are injured in a fall caused by a pothole, and it is not your fault. If you suffer an injury due to an accident caused at least in part by someone else’s negligence, you may well be entitled to make a claim for compensation.
Pothole injury claims are for the damages suffered and the effects on your life now and into the future.
Your personal injury solicitor seeks to recover damages through a claims process. If you have been injured, and your life impacted by an accident that was someone else’s fault, a claim for compensation seeks financial redress for the injuries and financial losses.
If you have been injured in an accident and it was not your fault, The Personal Injury Team No Win No Fee solicitors can file your compensation claim for the money you deserve.
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What is a pothole injury claim?
A pothole injury claim is a legal process to seek compensation when you are injured in an accident that was not your fault. You could be injured falling from your bicycle, motorbike or electric scooter when hitting a pothole in the road. You could also have a claim if you trip on a pothole on the pavement.
Pothole accident claims seek compensation for your injury and the effects of it on your life. You could be injured, need hospital care, and may have significant medical bills to pay, but you might be able to claim compensation to cover your costs.
The local council or highway authority has a duty of care to users on roads and footpaths they are responsible for maintaining. If they breach that duty of care by not repairing a pothole and you suffer an injury, you may have a pothole injury claim for compensation.
A No Win No Fee personal injury solicitor can review your case and advise if you have a valid pothole injury claim.
When is a pothole deemed dangerous?
A pothole is unlikely to be deemed dangerous when it is less than 1.5 inches, or 40mm, deep. The intervention levels for repair vary from council to council, and other factors such as the location of the pothole and the level of danger it may present are taken into consideration.
A dangerous pothole can knock you from your bike, and when going at speed, you could do a lot of damage to your face, arms, and legs. You could lose teeth, break an arm, or suffer a concussion when hitting the road or footpath.
A No Win No Fee personal injury solicitor may take your claim and seek damages in a pothole injury claim.
Common pothole injury claims
The common pothole injury claims are for broken teeth, cuts and bruises and broken bones. If you trip on a pothole and injure yourself in an accident that was not your fault, you may have a claim for compensation.
Common pothole injury claims are:
Wrist injury in pothole accidents
A wrist injury in pothole accidents can be a sprain from trying to break your fall. You could break the bones in the wrist, strain or tear the ligaments and do long-term damage such as tendonitis.
An injury to the wrist from hitting a pothole can happen when coming off a bike, motorbike, electric scooter or even a trip when crossing the road.
Elbow injury in a pothole accident
An elbow injury in a pothole accident may happen when you fall awkwardly from your bike or electric scooter upon hitting an unexpected pothole in the road. Many potholes are on corners, and you could fall and break or sprain your elbow when turning.
You may have a pothole injury claim if you damage your elbow in an accident that was not your fault.
Broken leg from a pothole accident
A broken leg from a pothole accident may happen when you come off at speed after you hit a pothole in the road. Your motorbike could stop suddenly, throwing you off and breaking your leg, sometimes in many places.
A broken leg can keep you out of action for many months. You may have a claim for damages if you injure yourself due to a pothole accident that was not your fault.
Head injury from a pothole accident
A head injury from a pothole accident can happen when travelling in a car or if you come off your bicycle or motorbike and hit the road. In the car, your head could be unexpectedly banged against the dashboard or the window, and you could suffer a concussion.
You could hit your head on the kerb or road surface when thrown off a bicycle. Severe brain injury and even death can happen, and you could have a claim for pothole injury compensation.
Back injury from a pothole accident
A back injury, like a head injury, can happen from the sudden jolt of hitting a pothole in the road. Some potholes are deep, and a car can lurch suddenly, with you jarring your back in the process.
You may have a pothole injury claim for compensation when you injure your back in an accident that was not your fault.
Whiplash injury claims from a pothole accident
Whiplash injury claims generally refer to a soft tissue injury to the neck, back or shoulders. These injuries are typically suffered by those who are the victim of a “rear end shunt” when their vehicle is hit to the rear by another road user or when a car jolts on hitting a pothole.
Symptoms include pain, stiffness, difficulty turning the neck and shoulder, and chronic pain. You can suffer a whiplash injury as a passenger or driver, and the effects can be devastating.
A fixed tariff for whiplash claims applies to road accidents occurring after 31 May 2021, and compensation amounts are significantly lower than before this legislation and change in the law.
Your No Win No Fee claims solicitors deal with whiplash injury claims daily but usually only as part of a larger road traffic injury claim involving more significant injuries such as a back injury, facial scarring, or broken bones.
Our Process
We make the claim process as simple and streamlined as possible, and that’s one of the reasons we’re maintain a 4.9 / 5 ★ rating from our customers!
Enquiry
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 027 0370 or request a callback here.
Claim Evaluation
Once you have spoken with our team we’ll let you know how we can help. This will involve a thorough case review and understanding of the incident, financial damages and physical injuries.
Legal Letter
Once we are satisfied we have all the information we require and have a full understanding of your circumstances. We send a letter of claim to the negligent party outlining your claim and compensation requirements.
Who is responsible for pothole claims?
The owner of the road where your accident occurred could be responsible for any pothole claims. In all personal injury claims in the UK, you can only bring a claim against an entity if you can show they are responsible, or partially responsible, for the personal injuries caused.
You may have a valid pothole claim if you can show:
The entity responsible for a pothole in the road can be:
Can you claim against the local council for a pothole accident?
Yes, you may be able to claim against the local council in a pothole damage claim. In most cases, the local authorities are responsible for the upkeep of the roads and should have a system in place to inspect the roads and pavements and schedule repairs.
A more significant pothole will present a greater risk of injury and should be categorised as a more urgent repair. When this does not happen, you might have a pothole accident claim against the local council.
If the council can demonstrate they had in place, and followed, a reasonable system of inspection and maintenance, they are likely to rely on what is called the “Statutory Defence.”
Under Section 58 of the Highways Act, the council has a potential defence if they can show the dangerous pothole was not there at the time of their last inspection
Can you claim against a utility company for a pothole accident?
In some cases, you may be able to claim against the utility company for a pothole accident. If the utility company do not fully repair where they were digging in the road, a pothole could develop before the next council inspection.
Can you claim against a private landowner for a pothole accident?
Yes, you might be able to claim against a private landowner for a pothole accident.
The landowner is responsible for the upkeep of roads and footpaths on their private property, and you may have a pothole compensation claim if you are hurt in an accident involving a pothole on their land.
Compensation for a pothole injury claim
In a No Win No Fee pothole accident claim, you might be able to claim compensation ranging from a few thousand pounds to more than £10 million. How much compensation you can claim depends on the injuries suffered and the financial effect of those injuries on your life.
If someone else is responsible for your personal injury, you might be able to claim compensation from their insurance company.
Sample compensation amounts in personal injuries claims are as follows. Please note these are figures for the injuries only. Financial losses would apply in addition:
(The figures given here are for General Damages amounts only. You might also receive compensation for any financial losses you suffer due to the personal injury. Figures are taken from Judicial College Guidelines 16th Edition and are accurate as of April 2023.)
There is not one fixed amount in personal injury claims. The circumstances differ from person to person and claim to claim, and the amount of compensation awarded is tailored to the circumstances of your claim.
A No Win No Fee personal injury solicitor can give you an idea of what to expect from their experience in compensation claims.
What can you claim for compensation in a personal injury claim?
In a personal injury claim, you claim compensation for two types of damages: General Damages and Special Damages.
The amount of compensation awarded is the total of these two types of damages.
General Damages
General damages is the claim you make for what is known as PSLA, or the Pain, Suffering and Loss of Amenity you experience directly from the personal injury.
Pain is that suffered as a direct result of the injury or any treatment for it.
Suffering is the discomfort in your life as a result of the injury
Loss of Amenity is the disruption to your daily life, such as difficulty or restriction in walking, sitting, playing sports, and sleeping.
Special Damages
Special damages cover your past and future financial losses. These could include loss of earnings, care costs, medical treatment or specialist rehabilitation, aids, adaptations and any other out-of-pocket expenses you have or might suffer due to the personal injury.
Loss of earnings is for income lost directly from being off work and any reduction in income expected from not being able to return to your current type of employment.
Care costs include the care needed to recover from serious injuries and any long-term care and treatment costs, whether provided by friends and family or professionally.
Out-of-pocket expenses are for your medical appointments, travel and accommodation and any other costs incurred after the injury.
Compensation is awarded to cover all losses, including loss of life, medical expenses and long-term care needs arising from the injury in a personal injury accident.
You need records such as payslips, all day-to-day receipts, and any other paperwork showing your losses from the personal injury.
A No Win No Fee solicitor handles your personal injury claim and seeks the compensation you deserve.
How to prove your pothole injury claim
To prove your pothole injury claim, you must show that the accident was not wholly your fault and someone else was partially responsible. A pothole injury accident may involve a pedestrian, a motorbike driver, a cyclist, or a car user.
To prove your pothole injury accident claim, you should:
Every piece of evidence may be crucial in a pothole injury accident claim. You do not know what the negligent party will dispute or claim when the case begins.
Your No Win No Fee solicitor may use the evidence against the negligent party in any possible pothole injury claim.
How to make a compensation claim for a personal injury caused by a pothole?
If you have been hurt or injured due to a pothole in the UK, you may be entitled to make a compensation claim for personal injury. Our Team of No Win No Fee Solicitors will help you make your claim. We will guide you every step of the way and assure the process will be as stress free as possible.
Speak with us today and find out how much you can claim!
Find out how much you can claim for today
Find out how much you can claim for today by using our online assessment tool. It will give you an idea of what you might be able to claim for and what compensation you might be able to expect in a personal injury claim.
Compensation amounts are guidelines only on what to expect from your personal injury claim. Our personal injury solicitors can advise you using their expertise and experience and can quickly tell you if you have a valid claim and what to do next.
Our team of No Win No Fee personal injury solicitors can take your case to seek the compensation you deserve. We have the experience to handle your claim for personal injury compensation and see it through to a successful conclusion, whether the claim is worth £1,500 or more than £10,000,000.
When you suffer a personal injury, the effects on your life can be devastating. If the personal injury is not your fault, it can make the situation feel even worse.
Take our online assessment today to get an idea of claim amounts and what you could be due for the pain, suffering and impact on your life.
Contact your Personal Injury Team today for immediate expert advice tailored to you.
