Pothole Accident Claims – How Long Do You Have To Seek Compensation?

Do you want to know the time limits for making pothole accident claims? Are you unsure if your case is eligible? If so, this guide outlines how long you have to make a personal injury claim and the eligibility criteria you must satisfy.

pothole accident claims

Pothole Accident Claims – How Long Do You Have To Seek Compensation?

We also discuss how evidence could support your personal injury claim and the pieces you may want to consider gathering.

Furthermore, we explore how your personal injury claim could be assigned a value, including what could be included in your settlement if your case succeeds.

To conclude, this guide examines how working with a No Win No Fee solicitor could benefit you if you have an eligible case.

To find out the validity of your public liability claim and see if you can appoint a solicitor from our panel, contact our advisors now. You can do so by:

  • Calling on 0161 696 9685
  • Completing our ‘contact us‘ form to enquire about your claim online.
  • Speaking directly to an advisor using the live chat function below.

Jump To A Section

  1. Pothole Accident Claims – How Long Do You Have To Seek Compensation?
  2. What Is The Eligibility Criteria For Pothole Accident Claims?
  3. Evidence That Could Help When Making A Claim For Pothole Damage
  4. Claims For Pothole Damage – How Much Compensation Could You Receive?
  5. Make A Pothole Injury Claim Using A No Win No Fee Solicitor
  6. Learn More About Claiming For Accidents In Public Places

Pothole Accident Claims – How Long Do You Have To Seek Compensation?

For pothole accident claims to be valid, they need to meet a set of eligibility criteria. Additionally, to pursue a personal injury claim, you must adhere to the time limits established in the Limitation Act 1980. Generally, you have three years to start the claims procedure from the date of your accident.

However, there are some exceptions. If someone’s mental capacity makes them unable to act for themselves there is an indefinite pause placed on the time limits. During this time, the courts could appoint a litigation friend to act for them. When someone gains the mental capacity to start legal proceedings, if no claim has been initiated for them, the claimant would have three years to start their case from this date.

Also, if the accident caused someone under 18 to be injured, the individual wouldn’t be able to act for themselves. Again, the time limit would be paused until they turn 18 and the courts could appoint a litigation friend to act on their behalf. Alternatively, the claimant could wait for their 18th birthday, when they could act alone, and the three-year time limit would begin.

Contact our advisors now to learn more about the time limits and your eligibility to pursue personal injury compensation.

What Is The Eligibility Criteria For Pothole Accident Claims?

In addition to adhering to the time limits for pothole accident claims, you must satisfy the eligibility criteria to pursue personal injury compensation. As such, you must be able to show:

  • That a duty of care was owed to you.
  • This duty was breached.
  • You suffered harm as a result.

The three points above form the basis of negligence in personal injury claims.

Parties in control of the premises owe a duty to take steps to ensure the reasonable safety of visitors using the space for the purpose they are permitted to do so. In the case of the highway network, they must comply with the Highways Act 1980 and the Occupiers Liability Act 1957.

Reporting A Pothole

In circumstances involving public highways, the local council is usually the party responsible for maintaining the roads and pavements. Depending on whether the pothole has previously been reported or not could determine whether you can make a personal injury claim.

A public member can either report a pothole to their local council or the highway authority for it to be investigated and repaired if necessary. Depending on the road, who you need to contact will differ. National Highways maintain major A roads and motorways in England, so you’d need to contact them if your concern is related to these roads.

Following a pothole report, the party responsible for maintaining the road should resolve the matter within a reasonable timescale. If the pothole is not fixed within a reasonable time, you could suffer injuries in an accident such as:

Accidents could involve, for example, a pedestrian tripping over a pothole on a crossing, or a road user who has crashed after a pothole caused them to lose control of their vehicle.

Contact our team of advisors now for a free case assessment to determine whether you’re eligible to seek compensation for your injuries following a pothole accident.

Evidence That Could Help When Making A Claim For Pothole Damage

Evidence can help strengthen pothole accident claims as it can help you prove third-party negligence and show how the incident has affected you. Examples of the evidence you could supply include:

  • CCTV footage of the accident
  • Photographs of your injuries 
  • Witness contact details
  • Your medical records
  • Journal entries of your symptoms and the treatments you receive

If you have a valid personal injury claim, a solicitor from our panel could help you gather evidence as part of their service. Contact our advisors now for a free consultation.

Claims For Pothole Damage – How Much Compensation Could You Receive?

You may want to know how much compensation could be awarded in successful pothole accident claims. If you succeed, your settlement could include up to two heads of claim. One of those heads is called general damages, compensating you for the pain and suffering experienced due to your injuries. 

The amount you could be awarded would depend on factors such as:

  • The severity of your injuries.
  • The recovery timescale.
  • Any loss of enjoyment you experience from missing events, such as holidays you had arranged prior to your injuries.

Furthermore, a document called the Judicial College Guidelines (JCG) could be used to help your injuries be assigned a value. The JCG takes figures previously awarded in court cases and provides valuation brackets for different types of injuries. Also, your medical report could be obtained to compare your injuries with this document.

Below we provide a table of injuries with figures extracted from the JCG. Please note these are only guideline figures and cannot be guaranteed in your case due to the uniqueness of all pothole accident claims.

Compensation Table

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Injury Severity Compensation Notes
Neck Serious (ii) £65,740 to £130,930 Serious fractures or damage to discs in cervical spine, leading to considerable disabilities, such as permanent brachial plexus damage.
Moderate (iii) £7,890 to £13,740 Soft tissue injuries with a fairly protracted recovery period and an increased vulnerability to further trauma.
Knee Severe (i) £69,730 to £96,210 Disruption of joint, causing considerable pain and loss of function.
Moderate (i) £14,840 to £26,190 Dislocations, torn cartilage or meniscus leading to minor instability or other mild future disability.
Back Severe (ii) £74,160 to £88,430 Nerve root and spinal cord damage leading to very serious consequences, such as severe pain, disability and incomplete paralysis.
Moderate (ii) £12,510 to £27,760 Disturbance of ligaments and muscles, leading to backache.
Wrist Significant Permanent Disability £24,500 to £39,170 Despite a permanent and significant disability, some useful movement will remain.
Less Severe £12,590 to £24,500 Some permanent disability, such as a degree of persisting pain and stiffness.
Shoulder Serious £12,770 to £19,200 Dislocation causing pain in shoulder and neck, with sensory symptoms in the forearm and hand.
Moderate £7,890 to £12,770 Frozen shoulder with limited movement and discomfort. Such symptoms will persist for about two years.

Special Damages In A Pothole Accident Claim

The second head of claim you could receive is special damages, compensating you for reasonable losses you incur due to your injuries, both in the past and in the future. For example, you could be reimbursed for any lost income if you have needed to take time off work to recover from the harm you sustained.

To make sure you recover the losses you’re entitled to, you should keep evidence of them. Such evidence could include:

  • Receipts
  • Invoices
  • Payslips

If your personal injury claim is eligible, a solicitor from our panel could ensure your settlement is valued correctly. Contact our advisors now to find out if a solicitor from our panel could assist you.

Make A Pothole Injury Claim Using A No Win No Fee Solicitor

You may wish to instruct a No Win No Fee solicitor to ensure your personal injury case runs smoothly. If it is eligible, a solicitor from our panel who has experience handling pothole accident claims could offer their services under a Conditional Fee Agreement which is a type of No Win No Fee agreement. This means that:

  • You don’t have to pay any fees upfront for a solicitor to start work on your case.
  • You don’t have any ongoing fees to pay for their services as the claim continues.
  • If your claim is unsuccessful, no fees will need to be paid for the service you have been provided.
  • If your claim wins, a success fee will be taken, which is a small, legally capped percentage of your compensation. 

Our panel of experienced solicitors offering this type of agreement will only work with you if they believe your personal injury claim has a good chance of winning. Therefore, you can be confident your time will be well spent if you instruct them.

To find out if you can pursue personal injury compensation with a solicitor from our panel, contact our team of advisors now. You can do so by:

  • Calling us on 0161 696 9685
  • Completing our ‘contact us‘ form to enquire about your claim online.
  • Speaking directly to us on our website using live chat.

Learn More About Claiming For Accidents In Public Places

For more of our helpful guides, look here:

For some external resources, please look below:

We hope this guide has answered your questions about pothole accident claims. If you require any further guidance, please contact an advisor on the number above.

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Published by NL