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

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 a claim. There are some simple things that you can do, such as collecting simple 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.

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.

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A guide to accident claims for pothole accident

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 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

If you are such a victim of a personal pothole injury or have suffered property damages, as the result of a poorly maintained or damaged pavement or road surface, you may be wondering what you should do?

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.

Additionally 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 claims, including any pothole accident on the road, cycling pothole claim or pothole damage 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 claim

Pothole claim

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.

Note that any physiological damages are normally not enough on their own to successfully launch a claim against the council for damages. There usually has to be some physical injury or damages which has resulted in any expenses or loss of money by you or your child.

How deep does a pothole have to be to claim?

The general rule for pothole injury 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 are entitled to compensation for a fall, 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.

Is it the council that is always liable?

According to Section 58 of the Highways Act, 1980, all councils must have 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- grated 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.

I have been injured on a private road/property can I still claim compensation?

If you have suffered an injury on a private road or property, you may be able to claim when 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.

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.

This is sometimes a bit tricky in smaller damage claims, 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.

Pothole accident slip trip fall injury accident at work claims

Statistics indicate that slip, trip and fall injuries are the most common among those experienced at workplaces within the UK, with an estimated 40% of all non-fatal injuries being attributed to trip, slip and fall accidents in 2015/2016. 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

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.

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.

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

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.

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?

Determining the extent of damages which you may claim for as the result of a pothole trip slip fall accident is not always an easy process as many factors may have to be considered. This may vary greatly depending on the magnitude or severity, nature and duration of the injuries which you have sustained.

The guidelines for the compensation for pothole accidents are outlined by the Judicial College and may include some of the follow expenses or loss of revenue:

  • General damages to your property including your vehicles, bicycle or personal belongings such as a damaged mobile phone.
  • Medical expenses which you have incurred as a result of the accident, including any potential treatment that you may have to undergo in the future. An example of this would be a pothole broken bone injury which requires immediate medical attention or even surgery. Later on you may then additionally require treatment such as physical therapy in order to regain proper functioning of a limb or appendage.
  • Travel expenses can be included in a claim which includes any travel to medical centres, care facilities, and any other additional travel which may be required as a result of a pothole accident.
  • Loss of earnings is included in claim if you have to miss work or suffer loss of income, while recovering from a trip slip fall injury. In more severe cases you will also be able to claim for any potential future loss of future work income, if the injuries can potentially prevent you from performing any work or business obligations in the future. Potential future loss of income in more serious cases can be complex to determine based on the nature of the injuries and future losses and you are advised to consult with a legal professional who will be able to properly determine such an estimate.
  • Care claims can be include in where the nature and/or severity of your injuries may require a private caregiver or may require you to stay at a care facility for a given period of time as you may be unable to take care of yourself.

These are some of the more common damages and injuries that may be claimed for in the event of accidental pothole slip trip fall injuries. There may however be additional claims based on your unique situation, such as pain and suffering in instances where the accident may have forced you to make lifestyle changes or you may have permanent visible scars, among others. These cases however are not usually cut and dry, and will require assistance from a legal professional in order to assist in calculating the claim that may include pain and suffering or emotional trauma.

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.

Assessing the severity of a pothole accident slip trip fall injury

Assessing the magnitude of damages and injuries you have suffered and may suffer in the future, is not something that you will be able to do on your own. In most of these cases, you will have to undergo a medical examination, so that a doctor can properly asses 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 claim 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.

Type of InjurySeverityAmountNotes
ParalysisQuadriplegia£271,430 to £337,700At 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.
Shorter durations£41,250For a young adult claimant suffering paraplegia where death occurs within about 2 years an award of around £41,250 is appropriate
Brain DamageVery Severe Brain Damage£235,790 to £337,700In 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£75,900 to £125,510Cases 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£1,840 to £10,870In 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£50,050 to £84,150Such 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£3,300 to £6,850In 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 £124,030Little to no movement of the neck and severe that which have proved intractable.
Minor£2,050 to £3,630Where 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.
Back InjuriesSevere£76,120 to £134,590Extremely severe damage including the spinal cord and damage to nerve roots resulting in extremely serious consequences.
Minor£2,050 to £6,600This bracket will also apply to very short-term acceleration and/or exacerbation injuries, usually less than two years.
Injuries to the Pelvis and HipsSevere£65,560 to £109,450Extensive pelvic fractures.
MinorUp to £3,300Minor soft tissue injuries with complete recovery.
Arm ForearmSimple Fractures£5,500 to £16,060
Wrist InjuriesSevere£39,820 to £50,050Injuries resulting in complete loss of function in the wrist for example, where an arthrodesis has been performed.
Minor£2,940 to £3,960Very minor fractures, minor soft tissue injuries that requires a bandage or plaster for a number of weeks with full or nearly full recovery within up to 12 months or thereabouts.
Leg InjuriesSevere£45,840 to £70,700Injuries leading to permanent problems with mobility, the need for crutches or mobility aids for the remainder of the injured person’s life
Minor£7,620 to £11,770Simple Fracture of a Femur with No Damage to Articular Surfaces

Note that these are not all types and severities of injuries that can be claimed for 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.

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

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

Having read through our information about pothole accident slip trip fall injuries, you may be wondering if you may have cause to initiate a claim. If you are indeed wondering (or sure of it), give Legal Expert a call on
0800 073 8804 and we can discuss your case free of charge!

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

How To Report A Pothole?

This govenment website explains how to report a pot hole 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.

 

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