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Pothole Accident Claims & Pothole Personal Injury Claims
If you have suffered an injury due to a pothole, you may be able to claim compensation.
Potholes litter several of the UK's roads and streets and are a nuisance for drivers and pedestrians. As well as inflicting damage to vehicles, potholes can cause serious injuries to drivers and passengers. Councils are lawfully required to make sure their roads are well maintained and any potholes are quickly repaired. Sadly, increasing numbers of road users and council budget cuts have resulted in many potholes being left unrepaired, creating dangerous driving conditions and putting road users and pedestrians at risk of injury.
If you have been harmed by an unrepaired pothole, contact our team of dedicated personal injury solicitors today to find out if you have a claim. Our friendly and approachable legal specialists specialise in handling personal injury claims.
I Was Injured by a Pothole on a Council-Owned Road - Am I Able to Claim?
According to Section 58 of the Highways Act 1980, councils are legally required to repair any potholes that appear on their roads. If an accident occurs as a direct result of a pothole, it can be reasonably presumed that the local council has behaved negligently by failing to repair the hole and is therefore accountable for any injuries sustained by the victim. To help your case, it's crucial that you collect evidence of the pothole. Collect images of the hole and use rulers, coins or alternative items to indicate the length and depth of the hole. If the accident was captured on CCTV, request the footage; you have a right to claim any CCTV footage that might show your incident, so speak to us if you are uncertain of a way to set about getting it. Collect witness statements (if the accident was observed by credible witnesses). Medical reports highlighting the extent of your injuries might also be needed, alongside police reports if the police were involved. If you are uncertain you have got the correct proof to support your case, do not worry; our team are experienced in handling injury claims and will be able to advise in relation to your case.
How Much Compensation?
Compensation amounts for any personal injury claims vary significantly and are decided on a case-by-case basis. How much compensation you're entitled to relies on the circumstances of your case. The courts will assess the severity of your injuries, using your medical records as injuries, and will select an amount that's reflective of your suffering. You'll also be compensated for any monetary losses you have incurred as a result of the accident, like lost earnings, medical expenses and travel expenses. The more severe your injuries, the more compensation you're likely to be awarded. Cuts, bruises and whiplash are common types of pothole injuries. Whiplash is a type of neck injury that's typically sustained in road traffic accidents, as well as pothole accidents. It occurs once the head is shunted forwards, backwards or sideways in an accident. Payouts for whiplash usually vary from £1,000 to £6,000 depending on the severity of the injury. Pedestrians who trip over or fall into potholes often sustains contusions, lacerations and broken bones, all of which may cause significant pain and suffering. To get a much better idea of how much compensation you may be owed, contact our team today. We will assess your case on a no-win-no-fee basis and give you a practical estimate.
I Was Injured by a Pothole on a Private Road - Am I Able to Claim?
Most pothole claims are made against councils, however, pothole accidents that occur on non-public roads may be brought against private property owners if it's in agreement that the landowner had a responsibility to take care of his or her road and protect road users from harm. Our extremely experienced team have successfully brought personal injury cases against private landowners and will be able to assist you in pursuit of your claim.
My Child Was Harmed in a Pothole Accident - Can They Claim?
If your child has been injured in a pothole accident, you can make a claim on his or her behalf. Children cannot lodge personal injury claims until they turn eighteen, however, parents can act on their behalf adopting the role of their child's litigation friend. As your child's litigation friend, you'll be accountable for accurately representing their interests, speaking with solicitors, and carefully making any decisions required. Appropriate compensation will be awarded to your child and will be properly held in a court-appointed checking account until your child turns eighteen. If you do not wish to act as your child's litigation friend, your child will have 3 years from their eighteenth birthday to form a claim. The earlier claims are brought to the court's attention, the more likely it is that there will be a positive outcome for the applicant. We have experience in handling children's injuries and will work effortlessly to secure the compensation your child deserves.
How Do I Make a Claim?
If you would like to speak to one of our specialist personal injury claim solicitors, please call our free accident claim line on 0800 182 2171 or fill out our online contact form, and arrange for a free, no-obligation assessment of your claim.
Your claim will be handled from start to finish by one of our expert personal injury solicitors, once we have had an initial discussion we will be able to confirm the likelihood of success and whether we can fight your case on a No Win No Fee Injury Claim basis.
Once instructed we will fight to ensure that you not only receive maximum compensation for any physical or psychological injuries sustained but also that you secure additional compensation for other losses such as unpaid absence from work, damage to personal property and to meet the costs of any medical and therapeutical costs that can enable a speedier recovery