How Is Compensation Calculated In Pothole Accident Claims?

This guide explains how compensation is calculated for successful pothole accident claims, including the different heads of loss that could make up your settlement. Additionally, we will explain the specific eligibility criteria that must be met in order to be able to make a public liability claim for compensation.

Furthermore, this guide will look at the evidence that could be used to support a pothole accident claim and the time limits that must be adhered to when starting legal proceedings.  We will also share how one of the experienced public liability lawyers on our panel could assist you with your specific case on a No Win No Fee basis.

To receive free advice for your potential personal injury claim, or to ask any questions you may have, you can contact a member of our advisory team. They can be reached by:

A pothole in the road filled with rain water.

Select A Section

  1. How Much Compensation Could Be Received From Pothole Accident Claims?
  2. When Are You Eligible To Make A Pothole Injury Claim?
  3. What Is The Time Limit To Making A Personal Injury Claim?
  4. Potential Evidence That Could Help In Pothole Accident Claims
  5. Use No Win No Fee Pothole Accident Claim Lawyers To Seek Compensation
  6. Learn More About How To Claim Against The Council

How Much Compensation Could Be Received From Pothole Accident Claims?

Compensation for successful pothole accident claims could consist of two heads of loss. The first is known as general damages, which compensates you for the pain caused by your injuries. How much you could be awarded under general damages will be affected by various factors, such as:

  • The severity of your injuries.
  • How long it takes for you to recover.
  • The treatment you required.

Those who value this head of claim may refer to the figures listed within the Judicial College Guidelines (JCG). This document lists different types of injuries alongside guideline compensation brackets for them. Within the table below, we have used some of the compensation guidelines found within the JCG’s 16th edition.

This table should only be referred to as a guide.

Compensation Table

InjurySeverityCompensationNotes
Head and BrainModerate (ii)£90,720 to £150,110Intellectual deficit of a moderate to modest degree, with the ability to work greatly reduced.
Head and BrainLess Severe£15,320 to £43,060Some persisting problems like poor concentration and memory but with a good recovery made.
KneeSevere (i)£69,730 to £96,210Where the joint has been disrupted and osteoarthritis develops, requiring a lengthy treatment and leaving considerable pain.
KneeModerate (ii)Up to £13,740Injuries include lacerations, twisting and bruising.
FootSevere£41,970 to £70,030Permanent pain due to fractures of both feet or heels causing restricted mobility.
FootModerate£13,740 to £24,990Continuing symptoms causes by displaced metatarsal fractures and also resulting in a deformity that is permanent.
AnkleVery Severe£50,060 to £69,700Transmalleolar fracture of the ankle with extensive soft tissue damage. This results in deformity and the future risk of the need for amputation.
AnkleSevere£31,310 to £50,060Requiring an extensive period of treatment and leading to significant residual disability, including instability and the ability to walk severely limited.
Wrist(a)£47,620 to £59,860Like when an arthrodesis has been performed and there is a complete loss of function in the wrist.
Achilles TendonModerate£12,590 to £21,070A significant injury or partial rupture to the tendon.

Special Damages In A Claim For A Pothole Injury

The second head of claim you could receive is called special damages. This compensates you for any financial losses and expenses you have experienced due to your injuries. Some examples could include:

  • Loss of earnings due to taking time off work to recover – payslips could help prove this loss.
  • Medical expenses, such as paying for prescriptions – your prescription receipts could help with proving this loss.
  • Care costs if you needed a carer to help you with daily tasks due to your injuries – a copy of their invoice could help with supporting your claim for special damages.

For more information on how personal injury compensation is calculated for successful pothole accident claims, you can contact our advisory team. They could also provide you with a free valuation of your specific case.

When Are You Eligible To Make A Pothole Injury Claim?

Under the Occupiers’ Liability Act 1957, those in control of a public space have a duty of care to ensure your reasonable safety while you are using that space for its intended purposes. For example, local councils and authorities are in charge of most public roads and pavements.

They can maintain their duty of care by performing regular risk and hazard assessments and fixing any maintenance issues within a reasonable time frame.

If you have suffered injury when you fell in a pothole, in order to have a valid public liability claim, the below eligibility criteria must be met:

  • A duty of care was owed.
  • This duty was breached.
  • An injury was suffered due to the breach.

Reporting a Pothole

When members of the public spot a pothole, they can report it to the party responsible for its maintenance. The responsible party for most public adopted roads will be your local council. However, National Highways will likely be the responsible party if the pothole is found on a major road or motorway in England. It is important to determine who is responsible for the maintenance of the road, as the process you need to follow will differ.

Following a report, the responsible party must rectify the problem within a reasonable timescale. However, if a reasonable timescale has passed and you suffer an injury due to the pothole not being fixed, you could be able to make a personal injury claim.

Contact our team of advisors now to find out more about pothole accident claims and to check the eligibility of your case.

A grey car about to drive over a pothole in the road.

What Is The Time Limit To Making A Personal Injury Claim?

Generally, you have three years to begin your personal injury claim, as outlined in the Limitation Act 1980. However, there are some exceptions to this general rule.

For example, if someone cannot make their own claim as they lack the mental capacity to do so, the time limit is paused indefinitely. During this pause, a litigation friend could make a claim on the injured person’s behalf. If they were to regain this required capacity and a claim had not already been made for them, the injured person will have three years to begin legal proceedings, running from the date they required this mental capacity.

Additionally, those under the age of 18 cannot make their own claim until their 18th birthday. They will then have three years to begin one from this date. Alternatively, a litigation friend could start a claim on their behalf prior to this date.

To learn more about the time limits for pothole accident claims, you can contact a member of our team.

Potential Evidence That Could Help In Pothole Accident Claims

To make a personal injury claim, you must show that your injuries were the direct result of another party breaching the duty of care they owed you. Evidence that could be collected to help support pothole accident claims includes:

  • Witness contact details – a legal professional could collect a statement from them at a later date regarding how the accident occurred.
  • CCTV footage that captures how the accident happened.
  • Photographs of the pothole and any visible injuries you have suffered.
  • Medical records detailing the type of injuries you suffered and the treatment you have and will need for them.

These are only a few examples of the evidence that could be collected for pothole injury claims. For further advice, you can contact one of our advisors, They may also be able to connect you with a lawyer from our panel.

Use No Win No Fee Pothole Accident Claim Lawyers To Seek Compensation

If you have a valid case, you may want to consider working with a lawyer who has experience with pothole accident claims. One of the experienced lawyers on our panel could help guide you through the pothole accident claims process. Additionally, they may offer to represent you on a No Win No Fee basis if they agree to take on your claim.

By offering you a Conditional Fee Agreement, some of the benefits generally include:

  • Upfront costs aren’t required for your lawyer to begin working on your case.
  • No ongoing fees to pay to retain your lawyer’s services.
  • If your pothole compensation claim claim doesn’t succeed, you won’t be obligated to pay your lawyer’s service fees.

In the event of a successful pothole injury claim, you will be required to pay your lawyer a success fee. This fee is a legally limited percentage that will be taken from your compensation.

A solcitor and client sat at a desk discussing the pothole accident claims process.

Contact Us

To check whether one of the lawyers on our panel could help you claim compensation for your pothole claim, you can contact our advisory team. They can be reached 24/7 by the following methods:

Learn More About How To Claim Against The Council

Additional guides by us about personal injury claims:

Further external resources:

If you have any additional questions regarding pothole accident claims, you can contact a member of our advisory team today.