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How Much Compensation Can I Claim For Pothole Accident or Injury?

By Daniel Archer. Last Updated 4th May 2022. Welcome to our pothole accident claims guide.

Accidents involving pedestrians and cyclists tripping slipping and falling are all too common in the UK, with many such victims often suffering injuries as well as damages to property. If you are such a victim of negligence by the council, you may not even be aware that you have cause for making pothole injury claims. There are some simple things that you can do, such as collecting information including photographs, or a quick visit to a medical examiner. Most people do not have this information and sadly because correct procedures are not always followed, often this can result in you having your pothole claim rejected.

You may end up suffering considerable financial losses and expenses as a result of a pothole slip trip fall accident and in most cases may even be hesitant to seek proper legal advice because of the perceived excessive costs involved. Well at Legal Expert we offer a wide range of expert legal services on a No Win No Fee contingency, which will greatly improve your chances of recouping losses of such an accident, including your medical fees and treatment, loss of income, additional car required and any other potential expense or loss, without you having to pay anything out of your pocket.

Below we have provided some basic information if you or your child has recently been involved in a pothole personal injury accident and think that you may be eligible for a legal claim. This guide will clarify if and how you’re able to potentially make a pothole claim and answer questions such as “can you get compensation for pothole damage?”

If you have any further doubts or questions, feel free to contact us on 0800 073 8804 for some clarification and peace of mind. We have skilled and experienced staff that will be able to assist you if you feel that you have a valid case on which to base your injury claim. If you prefer, you can also send us a query about pothole compensation claims by using our contact form or through our Live Chat window.

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A guide to accident claims for pothole accident

Welcome to our pothole accident claims guide.

The team at Legal Expert consist of highly skilled and experienced individuals who are willing to assist you in the event that you or a loved one has suffered any injuries in a pothole accident. Our vast experience within the field of injury claims combined with our excellent customer service gives you as the injured party the best possible opportunity of launching a successful claim against any responsible party, who may have their negligence contributed to your accident.

In this pothole injury claims guide below we take a step-by-step look at some of the important factors which you should be aware of if you are considering filing a pothole injury claim- whether it is for something as small as a sprained ankle pothole injury or whether it is more severe. We also look at the various amounts of compensation for falling down a pothole. Browse through any relevant section and should you still have any uncertainty regarding you case, do contact our staff for further assistance.

What to do if you are involved in a pothole accident slip trip fall Injury

Before we look at pothole accident claims, let’s first look at what to do if you’re involved in this type of incident.

If you suffer as a result of a pothole, you may be wondering what you should do in order to make pothole injury claims. Well, there are a few simple things to be mindful of, which may later help strengthen your case for a pothole injury claim.

The most important thing is for you to document as much evidence of the incident as well as the associated injuries and damages that have resulted from it. This may include seeing a doctor, in order to assess your physical injuries- who will then be able to provide you with a report thereof.

Can You Get Compensation For Pothole Damage?

You may be wondering, “can you get compensation for pothole damage?” You may be able to but acquiring evidence is a crucial part of the claims process.

You should speak to any witnesses who may have seen the accident, to take down their names and contact details. You should try and take several photographs of the uneven surface or pothole- it is very useful to include common objects in such photographs, such as a coin or matchbox to be used to establish the size of the hazard.

Also, you should speak to nearby shops or businesses, as they may have CCTV footage available of the incident or may know of similar incidents which have occurred at the same site. It is important to do so soon after the accident as CCTV footage is usually only kept for a period of 28 days before being erased.

If any vehicles were in any way involved in the accident, you should take down the details of the driver, the vehicle registration(s) as well as the company or owner details if it is being driven by some else.

Factors which can similarly be of importance in such situations are the visibility at the time of day, whether there are not enough street lights, if the hazard was obscured from view and other general whether conditions. It is usually best to also seek expert legal advice soon after the accident, as the details of the incident may warrant specific measures for collecting information and evidence of negligence on the part of the city council as well as the injuries and/or damages which have resulted therefrom.

When can I launch a pothole injury claim?

Pothole accident claims, including any pothole accident on the road, cycling pothole claim or pothole injury claim, occurs when you or your property have suffered any ‘reasonably serious’ injuries or damages as the result a pothole, raised pavement or any other road or pavement surface which has not been properly maintained as per the regulations laid out in the recommended standards for highway maintenance.

pothole accident claims

pothole accident claims

Also, you are only allowed to institute such claims against the council for personal injury within three years of the accident. If your child is still a minor, you as the parent can at any point initiate a claim on behalf of your child, but once he or she turns 18 years old, they will also have 3 years from that date to initiate the claim.

Still, such cases are usually only successful if you are able to prove that the council has not implemented a proper system for monitoring and maintaining the roads and pavements. There are however usually mitigating factors which may affect these claims and it will be better to first gain some legal advice before moving forward, because a legal expert will be able to better determine the feasibility of your specific case. This is an important aspect of your case which may be time-sensitive and you could end up wasting time and money if you are not aware of the various factors of such slip trip and fall claims.

How deep does a pothole have to be to claim?

If you’re wondering whether you could make pothole accident claims, the depth of the road defect will determine whether you could have grounds to claim.

The general rule for pothole accident claims is that the pothole or raised sidewalk needs to be a minimum of 1 inch deep. This is an important factor in pothole injury claims as councils will try and refute the claim if this criterion is not met. There may however be mitigating factors involved, such as poor visibility, the pothole may be obscured or may be located in such a way that makes avoiding it difficult.

How to begin a pothole accident slip trip fall injury claim

Should you be thinking that you may be entitled to make pothole accident claims, speak to a professional at Legal Expert for a free consultation, because the council may be liable for injuries or losses you may have suffered. They will advise you on the merits of the case and will also be able to arrange a medical examination for you.

Legal Expert, has a no win no pay policy (sometimes referred to as a Conditional Fee Agreement or CFA), which will be of great help if you are not by the means of paying large fees upfront just to get access to legal advice.

Can I Claim Off The Council For Pothole Damage?

You may be wondering, “can I claim off the council for pothole damage?” To answer this, at this point of the pothole accident claims guide, we’ll look into liability.

According to Section 58 of the Highways Act, 1980, all councils are required by law to maintain public roads and sidewalks. According to this legislation, the council must be able to show that they do have adequate systems in place for the monitoring and repairs of road and pavement surfaces.

Thus, any accident such as a pothole fractured bones injury because of inadequate maintenance of such roads and pavements is the fault of the council- granted that it is not located on private property. In the event that there is any construction or similar works being done on a road or pavement surface, such as that of a utility company, they in fact may become liable if they have failed to adequately refurbish the site in question after the work is completed or if they have left a hazardous area improperly demarcated or cordoned off during such works.

Please read on for more about pothole injury claims.

Can I Claim For Pothole Damage if I’ve been injured on a private road/property?

If you have suffered an injury on a private road or property, you may be able to make pothole accident claims if there has been negligence on the part of the owner to maintain the safety of the surface or provide adequate warning if there are any hazards.

In such a case you should follow all the procedures listed in the section ‘What to do if you are involved in a pothole accident slip trip fall Injury’, as well as determining the owner of the road or property’s name, the location of the accident and the owner’s contact information where possible.

If you prefer, you can also contact us to see if you can claim for pothole damage. Our advisors offer free legal advice and can be contacted at a time that works for you using the above details.

Pothole causing a car accident or road traffic accident, can I claim?

When a car goes into a pothole or over road debris, one may experience damage caused to the tyres, wheels, suspension system, axle and related parts of the car. Similarly the car may as a result of the initial accident or damage further be involved in a secondary collision with another vehicle or stationary object in or close to the road. Any damages experienced by the car, damages to other cars or private property, in addition to any injuries suffered by anyone involved in the initial or subsequent accidents can be claimed from the council.

Pothole accident claims involving minor damage can be tricky, as damages to your car may not be immediately noticeable and thus you may not have recorded any details from witnesses or they may not be an official police report to corroborate your story. In such a case the council may refute your claim and argue that you or some other factors other than poorly maintained roads have caused the accident.

Common injuries often associated with a car going over a pothole include severe bruising, whiplash, neck and back injuries and in more severe cases may include head and brain injuries which can further result in complications such as epilepsy, complete or partial loss of senses and reduced mental capacity.

It is important that if you suspect your vehicle has been damaged while going over a pothole, to gather information about the accident and have a professional examine your car for any damages. Gathering evidence that shows how third-party negligence caused the accident could increase your chances of making a successful claim for pothole damage.

Please read on for more about making pothole injury claims.

Pothole accident slip trip fall injury accident at work claims

Let’s look at some recent facts and figures linked to pothole accident claims.

Slips, trips and falls may happen more than you think. Statistics from the Health and Safety Executive (HSE) for Great Britain in 2021 show that 33% of reported non-fatal work workplace injuries were caused by slips, trips and falls on the same level.

Often these kinds of incidents are under-reported and many believe that it may in fact be much higher.

In the event that you do suffer pothole slip trip fall injuries at your place of work, you will be able to launch a claim if indeed your employer has negligently or intentionally placed you at risk of such an incident. It is also the responsibility of your employer to have in place and provide adequate training on health and safety procedures and measures within the workplace. If you suffer any injury as a result of inadequate workplace health and safety procedures and or training thereon, you are entitled to claim damages from the resulting accident or injury.

Pothole accident slip trip fall injury in a public place claims

Many of the pothole accident claims we deal with are for public place incidents.

You may suffer a pothole accident in a public place, resulting in a slip trip fall injury, in which you may be able to initiate a claim for damages against the responsible party. This may be identified as the council or any other public offices that are responsible for the monitoring and maintenance of the accident site. This may also include accidents which have been caused by icy surfaces which have not been properly gritted or a clear sign has been put up to warn you of the potential danger.

If you are not sure who this is, you should make detailed notes of the location of the accident and continue to contact a legal professional, who will be able to determine who the liable party is- in cases where it is not the council. To get a free consultation on making pothole injury claims, please contact us today.

My child was hurt after falling due to a pothole at school can I claim?

Children should under no circumstances be placed in a situation or environment which may be harmful to their safety or well-being. If your child has been hurt at school after falling in a pothole or open drain cover, you as the parent are legally entitled to seek damages from the school for any expenses you may have incurred as a result of the accident.

This shows that potential pothole compensation claims can come from many different types of scenarios. Contact us if you’re unsure about claiming or would like to know if we can take your case on a No Win No Fee basis.

I was injured from a pothole while on my bike can I claim?

Did you know that you could be able to make pothole accident claims not just for car accidents, but for those involving bikes?

Injuries suffered by cyclists as a result of potholes are very common in the UK with around 50 cyclists killed or suffering serious injuries each year as a result of this. If you or a loved one are the victim of a pothole accident while cycling on the road, sidewalk or designated bicycle path, you will be able to initiate a claim against the council for the resulting damages. This will include any injuries which you may have suffered as well as damages to the bicycle itself.

Please continue reading to learn more about pothole injury claims.

Pothole accident in a car park – how to claim?

The council, private business or any such company, is by law liable for the safety of any guests and employees on its premises. In the event that you are involved in a pothole accident in such a parking area you may be entitled to seek remuneration for any damages incurred or injury suffered.

These may types of accidents may include:

  • Any spills or debris on a floor or road which may have caused an accident, or a trip slip fall injury.
  • Icy surfaces which have not been properly gritted and demarcated causing vehicle skidding or has resulted in pedestrian injuries.
  • Car park lifts which are not in proper working condition which has resulted in injuries or damage to your property.
  • Potholes, uneven surfaces or missing or loose manhole covers which have resulted in trip slip and fall injuries.
  • Inadequate or non-existent signs or floor markings which has resulted in any damages to your vehicle or personal injury.

These types of accidents usually occur in the parking area of shopping centres, public buildings, public gardens and playgrounds, schools, train stations and multi-story car parks- among others.

What can be claimed for after a pothole accident slip trip fall injury?

When claiming for a pothole accident caused by negligence, there are different heads of compensation that may affect your claim. Being injured in a pothole accident could cause you physical and mental injuries that affect your quality of life. These can be claimed for under general damages.

In addition, the accident in which you sustained harm could result in you incurring financial losses as a result of the injuries.

The amounts that are awarded to you to reimburse you for financial losses are known as special damages. Some examples of special damages can include:

  • Damage to property – For instance, your car may have been damaged due to a pothole in the road. As such, the cost of any necessary repairs may be considered.
  • Medical costs – This could include treatment of injuries sustained during the incident. To illustrate, you may require prescription painkillers or other forms of medication.
  • Travel costs – In a scenario where you are left unable to drive or make use of your car due to the accident that caused your injuries. You may be reimbursed if you paid for use of alternative forms of travel.
  • Other expenses –This could include being unable to attend a holiday that has already been paid for. For example, if your injuries prevent you from flying or travelling in general.

So, what other sums could be included in your compensation? For pothole damage, there could be a variety of considerations made when valuing your claim. If you have any questions regarding what else could be included in your final settlement amount for pothole claims against the council, then get in touch with our advisors today.

Pothole accident slip trip or fall injury statistics

Luckily for most, trips and slips in potholes or unevenly paved pavements usually results in no more than a few scratches and a touch of humiliation. For others who are less fortunate, such incidents can and do end up with far more serious consequences, such as broken bones, torn ligaments, damaged teeth and a host of other types of injuries.

According to recent pothole injury statistics, there are more than 2,300 elderly persons, who experience slip trip and fall accidents resulting from broken pavements on a daily basis. Even though this statistic alone is deeply concerning, road maintenance in the UK is seriously underfunded, with estimates for Wales and England suggesting that only 45% of the required funding is provided. It is further estimated that in order to conduct all the required maintenance, an amount of £11 billion is required and such maintenance would need around 12 years to catch up with the backlog.

With figures such as these you can more easily understand how an estimated 53 cyclists where killed or seriously hurt in 2014 alone. The cost of these poor road and pavement conditions are certainly escalating, with the city of Glasgow having paid out almost £400,000 during the period 2012-2014, for trip slip fall injuries alone and these numbers do not even compare to annual claim pay-outs for vehicle damage. The government has resolved to increase funding for road maintenance but many still feel that it is inadequate.

Please read on to learn more about pothole injury claims.

Assessing the severity of a pothole accident slip trip fall injury

Assessing the magnitude of damages you suffered and may suffer in the future is not something that you will be able to do on your own when making pothole accident claims. In most of these cases, you will have to undergo a medical examination, so that a doctor can properly assess the nature and severity of your injuries as well as any current or future treatment you will require. In most cases this is a relatively simple procedure, which can be undergone at a local medical centre at no cost to you.

For other claims, such as vehicle damages or loss of income claims, you will similarly have to provide documented evidence of the severity of the claim such as vehicle repair quotations (or insurance costs) or pay slips in the case of any potential loss of income or revenue.

How much compensation will I get after a pothole accident slip trip fall injury?

The amount that you may be able to get from pothole accident claims is based on the nature and severity of the injuries you have suffered as result of a pothole injury. An extensive list of these types of injuries including the general amount of compensation awarded is set out in the Judicial College Guidelines.

We have compiled a list of some common types of injuries pothole accident victims may suffer, with most and least severe cases below. Please remember that these figures are only an estimate of what you could receive from a pothole claim. Every claim is unique and so the amount you receive could differ from the figures shown below.

Type of InjurySeverityAmountNotes
ParalysisQuadriplegia£304,630 to £379,100At the top end of the bracket will be cases where physical pain is present or where there is a significant effect on senses or ability to communicate. Such cases often involve significant brain damage.
Paraplagia205,580 to £266,740Increasing paralysis.
Brain DamageVery Severe Brain Damage£264,650 to £379,100In cases at the top of this bracket the injured person will have a degree of insight. There may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural reflex movement.
Moderate Brain Damage£140,870 to £205,580Cases where there has been a moderate to modest intellectual reduction and the ability to work as before is vastly reduced.
Minor Brain or Head Injury£2,070 to £11,980In these cases brain damage, if any, will have been minimal. The bottom of the bracket will reflect full recovery within a few weeks.
Post-Traumatic Stress DisorderSevere£56,180 to £94,470Such cases will involve permanent effects which prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level.
Less Severe£3,710 to £7,680In these cases a virtually full recovery will have been made within one to two years and only minor symptoms will persist over any longer period.
Neck InjuriesSevereIn the region of £139,210Little to no movement of the neck and severe that which have proved intractable.
Minor£4,080 to £7,410Where a full recovery takes place between three months and a year. This bracket will also apply to very short-term acceleration and/or exacerbation injuries, usually less than one year.

Note that these are not all types and severities of injuries that can be recovered as part of pothole injury claims, as well as various combinations of injuries which may then further result in varying effects on your ability to work and function in everyday life.

No Win No Fee pothole accident injury claims

A no win no fee policy is exactly what it says, if your lawyer does not win the claim you are not liable to pay any fee. This essentially means that you will not have to pay anything out of your pocket and there are no upfront fees, which will greatly benefit accident victims who are not in a financial position to make any such payments before their claim is settled.

In successful No Win No Fee pothole compensation claims, your solicitor will only take a small, legally capped compensation amount as a success fee at the end of your claim. This means that you may find funding legal representation for a pothole claim through this method less strenuous from a financial perspective.

Why choose us as your claims service for a pothole accident slip trip fall injury claim?

Looking to make pothole accident claims?

Our staff have years of training and experience in dealing with such injury claims and are well equipped to take on your case no matter how big or small. We have an excellent track record with our clients and always strive to provide the best service in a professional manner.

Call for free advice and to start a claim

pothole injury claims

pothole injury claims

Having read through our information about pothole injury claims, you may be wondering if you may have cause to initiate a claim.

If you are indeed wondering, give Legal Expert a call on 0800 073 8804 and we can discuss your case free of charge! If you prefer, you can contact us about your potential pothole claim through our website or by using the Live Chat window now on your screen.

Pothole accident claims FAQs

Can I claim against the council for pothole damage?

Providing that the council responsible for maintaining the public road or footpath that you suffered pothole damage on failed to uphold their duty of care, you could be able to make a claim against them. However, you would need to be able to prove that they failed to do as much as they reasonably could to avoid this.

Can you get whiplash from a pothole?

When driven over at high speeds, deep potholes have the potential to envelop a car’s front wheel, which could cause the body to hit the road surface. In such cases, whiplash is not an unlikely outcome for the driver or their passengers.

What damages can I claim?

  • General damages can compensate for physical injuries and psychological suffering
  • Special damages can compensate for financial shortfall, which could include anything from prescription costs to loss of earnings

How much can I claim?

Please get in touch today to receive a free estimate of your payout. There is no way of predicting how much compensation you could be entitled to without learning more about your case, as every claim is different meaning payouts can vary dramatically.

How is compensation valued?

Typically, claimants’ suffering is used to determine their payout. Simply put, the more they suffered as a result of their accident, the more they’ll likely be able to claim a higher settlement award.

Do I need a lawyer in order to claim?

Despite the fact that there is no legal requirement to have a lawyer, having one handle your claim could boost its chances of success and ease the claims process for you.

How can Legal Expert help?

We offer free consultations to all prospective clients, including free and impartial legal advice. What’s more, if you have a valid case for compensation, we could connect you with a member of our panel of personal injury lawyers to handle your claim on a No Win No Fee basis.

Helpful links

Whiplash Compensation – Find out How much you can claim?

Pothole accidents can cause whiplash injuries find out how much compensation you can claim for whiplash. Contact us for free legal advice.

NHS on Whiplash Injuries

If you have been the victim of a hit and run accident and as a result suffered from a whiplash injury this NHS link lets you know information on whiplash. Medical attention should be priority over making any sort of pothole injury claims.

How To Report A Pothole?

This govenment website explains how to report a pothole to your local council or authority.

Council Accident Claims – Find out How To Claim Against Your Local Authority.

Find out how to make a No Win No Fee claim against your local council contact us today for free advice.

Slip Trip Or Fall Claims – How Much Compensation Can I Claim?

Have you had a slip trip or fall due to a pothole and want to make a No Win No Fee claim? contact us today for free advice and more information.

Further Helpful Guides

Thanks for reading our pothole accident claims guide. To learn more about making a pothole claim, contact our team for free legal advice using the details above.

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