What Are Fell in Pothole Claims?
If you were to sustain an injury in the street due to falling in a pothole, you may be eligible for compensation for your injuries through fell in pothole claims. Claims for having fallen in a pothole compensation are legal civil actions which can be made against any party who has responsibility for your health and safety and has failed in their “duty of care” to maintain the streets in a safe condition.
What is Meant by a “Duty of Care”?
In order to successfully make fell in pothole claims for compensation, it has to be proven that a council, utility company or other third party was negligent by failing to identify the pothole which caused your accident and have it repaired or cordoned off and clearly indicated as a hazard. This breach in their duty of care makes the negligent party liable for your injuries and gives you the right to claim fell in pothole compensation.
However, a duty of care is not always “absolute”. This means that if the pothole had only recently appeared – and the party against whom your fell in pothole claim is being made had not had a reasonable period of time in which to identify the hazard and rectify it – it may not always be possible to claim compensation for having fallen in a pothole. For this reason, it is always in your best interests to discuss your pothole fall and injury with a lawyer at the first practical opportunity.
Fell in Pothole Claims and your Health
When making fell in pothole claims, in addition to establishing that a council, utility company or other third party was in breach of their duty of care, it is also important to prove that your pothole accident resulted in an injury. Consequently it is vital that, after sustaining an injury when falling in a pothole, you receive professional medical attention as soon as possible.
By visiting a hospital or your family GP, the injuries that you sustained due to your pothole fall will be recorded in your medical notes along with any ongoing treatment or long term consequences to your health. The administration of first aid at the site of your accident or when you returned home is insufficient proof that an injury has occurred when making a claim for fell in pothole compensation.
Making a Claim for Fell in Pothole Compensation
Once it can be determined that you have suffered an injury in the street due to the negligence of somebody who was in breach of their duty of care, you can make a claim for fell in pothole compensation. The procedure for making a fell in pothole claim is that your lawyer will write to the negligent party, advising them that you are making a claim against them, and the negligent party then has 90 days to conduct their own investigation into your pothole fall accident and advise your lawyer whether they will accept liability for your injuries.
If liability is accepted, your lawyer will liaise with the negligent party´s insurers to obtain the maximum possible settlement of your fell in pothole claim. Should liability be contested for your pothole fall accident, your lawyer will issue court proceedings – an action which often initiates an offer of settlement from the negligent party´s insurance company who are keen to save money on court costs. As an offer of settlement for your fell in pothole claim may be made to you directly, it is important to be aware of how much compensation for having fallen in a pothole you may be entitled to in order that you do not inadvertently accept an inappropriate offer.
How Much Can I Claim for Having Fallen in a Pothole?
How much compensation for having fallen in a pothole you will be entitled to receive will depend on the nature and severity of the injuries you sustained in relation to your age, sex and general state of health prior to your accident in the street. The way in which your fall in the street injury affects your quality of life will also be taken into account and it is advisable that you maintain a diary in order to record the occasions when you are unable to complete everyday tasks or participate in social and leisure pursuits as a consequence of your accident in the street.
Any expenses you have incurred for medical treatment can be recovered in a fell in pothole claim, along with any costs for alternative forms of transport if you are unable to drive and any loss of earnings if the injury you sustained in your fall prevents you from working. Consequently, no two claims for having fallen in a pothole are the same – even when the injuries sustained are identical – and this is the reason why you should always seek professional legal advice when making a fell in pothole claim for compensation.
“Contingency Fee” Fell in Pothole Claims
Most lawyers will offer a free preliminary assessment of your personal situation and advise you whether you have a claim for having fallen in a pothole compensation which is worth your while to pursue. Should you have a fell in pothole claim for compensation which has a strong probability of success, you will likely be offered legal representation on a “Contingency Fee” basis.
“Contingency Fee” fell in pothole claims enable you to pursue compensation for your injuries without having to worry about lawyer´s fees if your claim for having fallen in a pothole is unsuccessful. However, as you may be liable for the negligent party´s legal fees if your case is lost, lawyers offering “Contingency Fee” fell in pothole claims will want to know about any legal fees insurance you have attached to a household contents or car insurance policy and advise you to take out additional protection if it is considered necessary.
Free Legal Advice about Fell in Pothole Claims
If you, or somebody close to you, have been injured due to falling in a pothole in the street and sustaining injuries for which you were not to blame, you are invited to call our freephone service and discuss the circumstances of your fall in a pothole accident directly with an experienced public liability lawyer. Our lawyer will provide you with practical and helpful advice which is relative to your personal circumstances and answer any questions you may have about making fell in pothole claims.
There is no obligation on you to proceed with a claim for having fallen in a pothole compensation once you have spoken with us and all conversations between yourself and our lawyers are completely confidential. We would recommend that you speak with us as soon as possible after you have received professional medical treatment for your fall injury to maximise the likelihood of a successful fell in pothole claim.