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How To Make A Pothole Claim For Injuries And Damage

By Danielle Jordan. Last Updated 1st November 2023. 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.

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.

pothole accident claims

pothole accident claims

Select A Section:

  1. Can I Make A Pothole Claim?
  2. Evidence That Can Support A Claim For Pothole Damage
  3. Examples Of When You Can Make A Pothole Accident Claim
  4. Pothole Compensation Payouts For Injuries
  5. Pothole Claims For Injuries With A No Win No Fee Solicitor
  6. Learn More About Personal Injury Claims

Can I Make A Pothole Claim?

Potholes can be found on roads where the surface has worn away and a depression has formed. If the pothole is in a public place, it may be the responsibility of the local council.

Those in charge of a space have a duty of care to ensure the safety of their premises for any visitors. This duty is outlined in the Occupiers’ Liability Act 1957. Therefore, if this duty is breached, and you are injured as a result, you may have grounds to claim compensation for pothole injuries.

You must have evidence of the following in order to start a claim for personal injury compensation:

  • You were owed a duty of care
  • That duty was breached
  • You subsequently suffered harm.

If you are claiming pothole damage from a council or street owner, you can speak to us at any time for free legal advice. Additionally, we could put you in touch with one of our expert solicitors to improve your chances of being awarded compensation for pothole injuries.

How Long Do I Have To Make A Pothole Claim?

When making a pothole claim, it’s important to take action within the time limit set out in the Limitation Act 1980. Typically, you should bring forward a personal injury claim within three years of the date of your accident. However, there are exceptions to the time limit.

Minors injured in an accident involving a pothole have three years from their 18th birthday to start a claim. If they seek compensation before turning 18 years of age, a litigation friend may take action on their behalf.

A litigation friend may also begin a claim on behalf of someone who lacks the mental capacity to make their own claim. In these circumstances, the time limit is suspended unless the claimant ever regains the required mental capacity to start a claim.

If you have any additional questions about the limitation period for beginning pothole compensation claims, our advisors are available 24/7 and can speak to you free of charge.

Evidence That Can Support A Claim For Pothole Damage

To make a valid pothole claim, you’ll need to prove that negligence occurred. Gathering sufficient evidence could help support your claim, as it could prove who was liable for your injuries and their severity.

Examples of evidence you may be able to gather when claiming pothole damage from a council includes:

  • Medical reports that confirm the injuries you suffered in your pothole accident and the treatment you’ve received for them.
  • Photographs that show the accident scene and the condition of the road it took place on (including the pothole or potholes that were a factor in the incident).
  • Any video footage available of the accident, such as CCTV footage or dashcam footage.
  • The contact details of any witnesses who may be able to provide a written statement.

If a solicitor is helping you with your claim, they could assist you with gathering evidence.

Contact our advisors today to see whether you claim for pothole damage that caused your injuries. Additionally, they may also connect you with one of our solicitors who could assist you with your case.

Examples Of When You Can Make A Pothole Accident Claim

There are a few different situations that could result in suffering an injury as the result of a pothole.

Here are a few examples of accidents that a pothole could cause:

  • Cycling accident. You could suffer a broken bone after falling off your bike due to an unrepaired pothole. If the organisation was aware of the pothole and failed to repair it within a timely manner, you could be eligible to make a pothole injury claim.
  • Pedestrian accident. You could suffer a sprain or fracture if you trip over a pothole. If the organisation responsible for the road surface fails to repair a pothole in a timely manner and this results in an injury, you might be eligible for personal injury compensation.
  • Car crash. If you drive over a pothole, you could lose control of your vehicle and crash into a tree. You could suffer facial injuries, such as a broken nose. If you can prove that your accident was caused by the occupier breaching their duty of care, you may be able to make a personal injury claim.

Please direct any questions about pothole claims to one of our advisors.

Pothole Compensation Payouts For Injuries

You may be wondering how much pothole compensation you could receive from a successful claim. When claiming for pothole damage from the council, it is important to remember that you must have been injured by the damage to make a valid personal injury claim. The amount of potential compensation from a successful claim is based on factors including the injury’s severity and how negatively the injury has impacted you.

To receive compensation, you would also need to prove that your injury was the result of third-party negligence. This can be done by collating relevant evidence. Our solicitors can build your case by helping you do this.

The Judicial College Guidelines can give you a clearer idea of what you could receive. Below is a list of injuries and compensation brackets taken from the most recent guidelines, published in 2022. Please remember that these figures only relate to successful claims from England and Wales. Furthermore, please bear in mind that these figures are not guaranteed, as every claim is unique.

Type of InjurySeverityAmountNotes
ParalysisQuadriplegia£324,600 to £403,990
At 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.
Paraplagia£219,070 to £284,260
Increasing paralysis.
Brain DamageVery Severe Brain Damage£282,010 to £403,990In 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 (i)£150,110 to £219,070Cases 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£2,210 to £12,770In these cases brain damage, if any, will have been minimal. The bottom of the bracket will reflect full recovery within a few weeks.
Neck InjuriesSevereIn the region of
Little to no movement of the neck and severe that which have proved intractable.
Minor (i)£4,350 to £7,890
Where 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.
Post-Traumatic Stress DisorderSevere£59,860 to £100,670Such 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£3,950 to £8,180In 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.

This list is not exhaustive so if you don’t see your injury on this compensation table, don’t worry. If you have any further questions about claiming for pothole damage, please contact our team of advisors. They can provide you with a free consultation, inform you of your claim eligibility and even give you a compensation estimate that relates specifically to your injury. Contact us using the above details.

Special Damages In A Pothole Accident Claim

You may be wondering, ‘can I claim for pothole damage that leaves me at a financial loss?’ If you have suffered monetary losses or out-of-pocket expenses as a result of your accident, you could include special damages in your pothole claim. Special damages is a part of a personal injury compensation award that’s designed to put you back in the financial position you were in before your accident.

Examples of what special damages cover include:

  • Prescription fees – if you require prescription painkillers for your personal injury and have to pay for them, retain a receipt of your prescription and you could include this expense in your claim.
  • Travel expenses – your injuries may result in visits to a hospital or GP. Subsequently, you could find yourself paying out on travel. Keep hold of a receipt of travel, such as a bus ticket, and you could claim back these expenses.
  • Damage to your property – your vehicle may be damaged by a pothole. The cost of the repair could be covered by special damages if you provide evidence i.e. an invoice from the mechanics you visited.

Would you like to know the value of your pothole accident claim? Our No Win No Fee solicitors have the knowledge and experience to offer more accurate estimations of the compensation you could be awarded. Speak to our advisors for more information on how to connect with our solicitors.

Pothole Claims For Injuries With A No Win No Fee Solicitor

If you are eligible to seek personal injury compensation, you may wish to have legal representation during the claims process. If so, one of our personal injury solicitors could support your case. They usually provide their services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.

If your solicitor works under a CFA, they generally won’t charge you any upfront or ongoing fees towards their services. They also won’t take a payment for their work on your pothole injury claim if you’re not awarded compensation following an unsuccessful case.

However, if your claim outcome is positive, your solicitor will deduct a success fee from your settlement. This amount is a percentage that is subject to a legal cap.

If you have any questions about pothole claims, one of the advisors from our team could help. All the advice they give is free. Additionally, you can have a free eligibility check, and if you meet the criteria, you could be connected with one of our solicitors.

To speak with an advisor:

Learn More About Personal Injury Claims

If you’d like to learn more about personal injury claims, head here:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.