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 eligible to make a public liability claim.
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:
- Calling 0800 408 7825
- Filling in our Contact Us form for a callback.
- Using our live chat feature.
Browse This Guide
- What Compensation Could Be Awarded For Pothole Accident Claims?
- Who Could Make A Pothole Injury Claim?
- What Is The Time Limit To Making A Personal Injury Claim?
- Evidence That Could Help In Pothole Accident Claims
- Use No Win No Fee Pothole Accident Claim Lawyers To Seek Compensation
- Further Guidance On Claiming Compensation
What Compensation Could Be Awarded For 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 loss 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.
Compensation Table
This table should only be referred to as a guide.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Very Serious Injuries together with Significant Special Damages | Very Serious | Up to £500,000 + |
| Head and Brain | Moderate (ii) | £110,720 to £183,190 |
| Less Severe | £18,700 to £52,550 | |
| Knee | Severe (i) | £85,100 to £117,410 |
| Moderate (ii) | Up to £16,770 | |
| Foot | Severe | £51,220 to £85,460 |
| Moderate | £16,770 to £30,500 | |
| Ankle | Severe | £38,210 to £61,090 |
| Moderate | £16,770 to £32,450 | |
| Wrist | Complete Loss of Function | £58,710 to £73,050 |
Special Damages In A Claim For A Pothole Injury
The other head of loss is special damages, and it compensates for the monetary losses stemming from your injuries. In addition to immediate costs, future losses can also be compensated for if your injuries have an ongoing impact on your day to day life.
This means that it is very common for special damages payouts to be much higher than those paid out under general damages. We have provided a few possible examples here:
- Loss of earnings due to taking time off work to recover – payslips could help prove this loss.
- Out of pocket medical bills, including therapy, prescriptions and private treatment.
- 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.
Who Could 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 learn about the pothole accident claims process.
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. 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.
In both of these examples, the court may appoint a suitable adult to act as litigation friend for the duration of the claim. This individual would pursue the claim on behalf of the injured person, enabling the claim to get underway sooner.
To learn more about the time limits that may apply to your claim, you can contact our advisors at any time using the detail provided below.
Evidence That Could Help In Pothole Accident Claims
This section examines the evidence that could be gathered in support of pothole accident claims. The purpose of this evidence is twofold:
- To demonstrate the fault of the third party in causing your accident.
- Showing the extent of your injuries so a compensation figure can be accurately calculated.
We have provided examples of evidence that could be used in a pothole compensation claim here:
- Medical records, such as copies of any scans, test results or examination notes.
- Video footage of the accident occurring, such as from CCTV cameras or dash cam devices.
- You can also photograph the scene of the accident, what caused it and your injuries.
- Persons who were present for the accident, be they other drivers, passengers or pedestrians, could act as witnesses. Collect their contact details to enable their statements to be taken at a later date.
To learn more about gathering evidence, or to get a free assessment of your eligibility to claim compensation for pothole damage, contact our advisors today using the contact information provided below.
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.
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:
- Calling on 08004087825
- Filling in our Contact Us form for a callback.
- Using our live chat feature.
Further Guidance On Claiming Compensation
Additional guides by us about personal injury claims:
- When could you make a council slip trip accident claim, and how much compensation you could you receive?
- Advice on suing the council for uneven pavement accidents and when you may have a valid claim.
- Advice on what to do if you have been involved in an accident in a public park and when you could make a personal injury claim.
Further external resources:
- A guide on how to report a pothole by Gov.UK.
- Guidance on when to get medical help by NHS.
- A guide about when you could receive Statutory Sick Pay (SSP) from Gov.UK.
If you have any additional questions regarding pothole accident claims, you can contact a member of our advisory team today.