Pothole Accident Claims Solicitors

If you have been injured as a result of a defect in a path, road or car park (commonly known as a pothole injury) where someone else was wholly or partly to blame, then you may be entitled to claim compensation.

Being injured in an accident involving a pothole can have devastating consequences for both you and your loved ones. As well as having to deal with the physical injuries you suffer, you will also have to contend with other factors, such as paying for medical treatment, or being unable to work. These issues may only affect you in the short-term, but they could also stay with you for the rest of your life.

If your accident was caused by someone else, such as a local authority who has failed to properly maintain a road, then you may be eligible to receive compensation. This can be used to help fund your recovery, pay for medical treatment and replace lost income from your inability to work.

Get expert help to make a pothole accident claim

WSP Solicitors’ expert Personal Injury Claims team are highly experienced in pursuing pothole accident claims for a wide range of clients. We can help you find out if you may be owed compensation, then take decisive action to get you the money you are owed.

Your claim will be run by one of our qualified personal injury lawyers, Demelza PallantLisa Walton or John Davies. They each have over 10 years’ experience in the industry, so you are guaranteed to get someone working for you who is qualified and able to provide you with the very best legal advice.

We have a strong track record of success, regularly securing substantial pothole accident compensation for our clients. With accreditation from APIL – The Association of Personal Injury Lawyers, you can be assured we have the expertise to handle your claim effectively.

Take advantage of our no win no fee pothole accident claim funding

We offer no win, no fee funding for pothole accident claims, so there is no upfront cost or financial risk to you when pursuing a claim with WSP Solicitors.

Alternative funding options, such as trade union funding and legal expenses insurance may also be available depending on your situation.

Find out more about funding your personal injury claim.

Have a free initial consultation with our pothole accident solicitors

We know that the thought of taking legal action can be intimidating and confusing, especially when dealing with the consequences of an injury. That’s why we offer a free initial consultation with our team, so you can ask any questions you have and find out if you may be able to claim before deciding whether to take action.

Request a free initial consultation with our pothole accident lawyers using our simple enquiry form.

Looking for a quick answer to a pothole accident question?

Take a look at our personal injury claims FAQs or feel free to ask us what you want to know and we’ll get back to you promptly.

Confused by any terminology you’ve heard? Check out our guide to personal injury claims jargon for clear explanations of all the key terms.

Book your free consultation with our expert pothole accident solicitors

To book your free initial consultation with our pothole accident claims team, please contact your local WSP Solicitors office in Gloucester, Stroud or Dursley, or use our simple enquiry form and we’ll get back to you promptly.

Types of pothole accident claims we can assist with

Our expert pothole accident lawyers can advise on all types of pothole accident claims, including:

  • Pothole slip, trip & fall claims
  • Pothole related head or brain injury claims
  • Pothole related back injury claims
  • Pothole related neck injury claims
  • Workplace pothole accident claims
  • Road traffic pothole accident claims
  • Motorcycle pothole accident claims
  • Cycling pothole accident claims

To find out more about our specific expertise in the type of claim you need assistance with, please get in touch.

How pothole accident claims work

Finding out if you are owed pothole accident compensation

The first step is to find out whether you may be owed compensation for a pothole accident. We can discuss the details surrounding your accident in a free initial consultation with our team, including whether you are likely to be owed compensation, how much you may be able to claim and how the claims process works.

Gathering evidence to support your pothole accident claim

For your pothole accident claim to be successful, we will need to collate various pieces of evidence. These include:

  • Your testimony about the accident
  • Testimonies from eyewitnesses to your accident
  • Examination from an independent medical professional about the extent of your injuries
  • CCTV footage
  • Evidence that the pothole had previously been reported to the appropriate authority

Our pothole accident solicitors will make sure that all of the necessary evidence is collected and presented effectively so that your claim is robust and more likely to be upheld if court proceedings are necessary.

Working out how much pothole accident compensation you can claim

We appreciate how important it is for our clients to understand the level of damages they will be owed for a pothole accident. The process for working this out is referred to as ‘assessing quantum of damages’ or ‘assessing quantum’.

The amount you will be able to claim will depend on your individual circumstances, the extent of your injuries and the financial and non-financial impact on your life.

Damages fall into two categories:

General damages – For non-financial losses, such as pain and suffering, losing the ability to carry out normal activities (known as ‘loss of amenity’) and reduced quality of life.

Special damages – For specific financial losses, such as medical fees, rehabilitation costs, care fees, lost income and reduced future earning capacity.

For more information on what you can claim for a pothole accident, please take a look at our personal injury claims FAQs.

Seeking an out-of-court settlement for your pothole accident claim

The vast majority of the claims our team take on are settled before court proceedings are needed. This allows us to get compensation much faster and with lower legal costs for our clients, while ensuring that we still get the maximum available compensation to meet our client’s needs.

Court proceedings can prove to be costly and time consuming, which means that avoiding wherever possible is one of our team’s top priorities.

Taking a pothole accident claim to court

In the unlikely event that we are unable to reach a settlement for your pothole accident, or the defendant is unwilling to accept liability, court proceedings may be required to secure the compensation you deserve.

We can help you to build an effective case that will presented in court, collating all of the necessary evidence to ensure that you achieve a positive outcome. As well as this, we can also provide close personal support during what can often prove to be a difficult time.

Common questions about pothole injury claims

Who might be responsible for a pothole accident?

At first, it may be difficult to understand who is responsible for an accident involving a pothole. Usually, it will be the responsibility of whoever is required to maintain the road or surface.

Different authorities are responsible for maintaining certain types of paths and roads, so we can work with you to clarify who is in charge of the area where you suffered your accident.

Is there a time limit for pothole accident claims?

The time limit for claiming pothole accident compensation is usually three years from the date you suffered an injury. However, there are certain situations where you may have longer to bring forward a claim, including where:

  • You realise that you were injured and/or someone else was to blame at a later date
  • You were under 18 at the time your pothole accident occurred
  • You are making a claim on behalf of someone who does not have the mental capacity to claim themselves (e.g. due to a head or brain injury)
  • You need to claim on behalf of someone who died in a fatal pothole accident

For a more in-depth explanation of personal injury claim time limits and the various exceptions, please take a look at our personal injury claims FAQs.

Can I claim compensation for a pothole accident that was partly my fault?

If it can be proved that someone else was at least partly responsible for your pothole accident, then you should be able to make a claim.

The level of compensation you receive will depend on the portion of blame the other party is deemed to have. For example, if you and the defending party are both equally responsible for your accident, then you will be able to claim half the compensation you would have been able to if the other party was wholly responsible.

For a more in-depth explanation of claiming compensation where you were partially at fault, please take a look at our personal injury claims FAQs.

How long does a pothole accident claim take?

The time it takes for your pothole accident claim to be resolved will depend on the circumstances of your accident and whether or not you are able to reach a settlement out of court.

If you are in immediate need of funds to cover medical costs, replace lost income or meet other essential costs, we may be able to secure interim payments while your claim is ongoing if the defendant accepts liability.

Can I claim compensation for someone who died in a fatal pothole accident?

Yes. If someone you were dependent upon died in a pothole accident, you may be able to claim compensation, and will normally have three years from the date of death to do so.

Fatal pothole accident compensation can cover costs such as:

  • Funeral costs
  • Medical expenses
  • Loss of the deceased’s income
  • Loss of financial benefits (such as pension income)
  • Loss of non-financial benefits (e.g. if the deceased was your carer)

Will claiming pothole accident compensation affect my means-tested benefits?

It is possible that receiving pothole accident compensation will affect your right to means-tested benefits, as your financial circumstances may change significantly. However, this can be avoided by setting up a Personal Injury Trust which ring-fences the funds, preventing them from being counted for means-testing.

 

Setting up a Personal Injury Trust is something our expert trust lawyers can assist with.

 

Didn’t find the answer you were looking for?

 

Take a look at our personal injury claims FAQs or feel free to ask us what you want to know and we’ll get back to you promptly.

 

Book your free consultation with our expert pothole accident solicitors

 

To book your free initial consultation with our pothole accident claims team, please contact your local WSP Solicitors office in Gloucester, Stroud or Dursley, or use our simple enquiry form and we’ll get back to you promptly.

After The Event Policy ‘ATE’: After the Event Insurance is an insurance policy taken out when you sign the No Win No Fee Agreement. It protects you throughout the claim from being responsible for any payments if the claim is not successful.

Causation: Establishing the link between negligence/breaches of statutory duty and the injury/illness suffered.

Liability: Legal responsibility for acts or omissions.

Negligence: Failing to use the appropriate level of care and competence required in the circumstances. A negligent act or omission may result in somebody sustaining an injury.

No Win No Fee (CFA): No Win No Fee Agreements (also referred to as Conditional Fee Agreements) mean that solicitors take no payment for their work unless they win the case. If your claim is not successful, then you may be liable for the other party’s legal costs, but your ATE policy will provide insurance to cover that eventuality. If you win the case, you will receive compensation and the majority of your legal costs will be recoverable from the other side.

Occupational Illness: Diseases or medical conditions which arise as a result of exposure at work to substances such as asbestos.

Quantum: The value of your claim.

Schedule of Loss: A document which sets out the financial losses sustained as a direct result of suffering injury or disease e.g. loss of earnings, travelling expenses, cost of care.

Success Fee: The fee we charge which is based upon the amount of time we spend working on your claim. It cannot exceed 25% of the damages you are awarded.


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    We can help with...
    • Recovering lost income
    • Arranging treatment and its funding
    • Arranging funding of any private operations
    • Obtaining early payment of part of your settlement
    • Rehabilitation
    • Updating your Will