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Pothole Injury Claims in Scotland - How do I make a claim?

If you have been injured in an accident that wasn’t your fault, contact our lawyers today to find out if you can make a claim.

 

Pothole Injury Claim Lawyers Glasgow, Edinburgh, Dundee & Perth

Public roads, carparks and pathways can be hazardous if they have not been properly maintained as poor maintenance may cause people to trip or slip, injuring themselves. Sometimes these occurrences may just be an accident with no one at fault. It is possible, however, that precautions could have been taken to reduce the risk of injury to the general public. In these circumstances it may be possible to make a compensation claim for the injuries you have sustained.

How do I make a claim for a pothole injury?

If you are injured as a result of falling over a pothole, you may be entitled to make a personal injury claim. In order to be successful, you must be able to show that the pothole had failed to be adequately repaired or maintained by the relevant local authority, and that the injury you sustained was as a result of their negligence.

At Calio Claims, we can help you claim compensation for your injury and financial loss. 

To discuss the circumstances of your accident with a lawyer who can help, call us today on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you right away. 

In order for us to determine if you have a reasonable chance of success, it is helpful to have the following evidence: -

  • Full details of the exact accident location and the accident circumstances
  • Photographs of the defect which caused you to fall along with photographs showing the exact measurement and depth of the pothole using a measuring tape
  • Photographs of the surrounding area are also very helpful
  • Independent witness details which may include local residents or shopkeepers who can speak to the time the defect has existed
  • Photographs of your injury/injuries
  • You should also report the incident to your Local Authority as soon as possible preferably by email

How deep does a pothole need to be to make a claim?

Previous judgements issued by Scottish Courts have ruled that potholes on the road have to be more than 40 millimetres deep and ones on the pavement more than 20 millimetres deep to be  actionable. It helps your claim significantly if there is evidence of previous complaints made about the defect which caused your injury. However, we will look at the circumstances on a case-by-case basis.

How much compensation should I expect?

The exact value of your claim will depend on the extent of the harm you have suffered and any other losses that have occurred as a result.

We will investigate all aspects of your claim to understand what impact the injury has had on your life and ensure we get you the best settlement in order to allow you to move on with your life.

How long will my claim take?

The length of each claim will be different depending on the facts and circumstances. The time it takes to resolve a claim will depend on how much investigation is necessary and how the defenders handle the case. When necessary, we will initiate court proceedings. We will swiftly establish the facts and advance your claim to successful conclusion.

How much will it cost to make a claim?

We would be pleased to go over the various funding packages we have with you. We do accept cases after an initial inquiry on a “no-win-no-fee” basis, which means you will not have to pay for the work done as your case develops.

It could be essential for us to initiate court proceedings on your behalf if we are unable to negotiate resolution of your claim with the defenders. In certain cases, we can offer affordable After the Event Insurance protection, shielding you from any award of costs in the event that your claim is denied.

Is there a time limit for pothole injury claims in Scotland?

With all personal injury claims, there is a three-year time limit. This will start running from the date of your incident. We recommend seeking advice as soon as possible. 

For a free initial consultation to discuss your case with a member of our team, call us today on 0800 988 8082 or complete our online enquiry form and we will get back to you right away.