Accidents on the Highway claims
Councils and local authorities are legally required to ensure that pavements, roads and other property they have an obligation to maintain and/or repair are safe for public use. Nevertheless, every year people suffer avoidable injuries. To bring such a claim for compensation it will be necessary to prove your injury was a result of the council's failure to take appropriate care for your safety by properly discharging their duty to maintain and repair.
We can help pedestrians make a claim if you have been injured as a result of potholes on roads or footpaths, loose paving stones, or ice and snow.
For road users, we can help if you have been injured due to an accident caused by mud and/or water on the road, perhaps due to defective drainage. If the accident was caused by defective street furniture such as traffic or street lighting, it can lead to a successful claim. Even ice on the road where it could be shown that the council failed to properly ‘grit’ has led to compensation for injured road users.
Cyclists are particularly vulnerable to poorly maintained roads – if you have fallen off your bike after hitting a pothole, we could help you make a claim against the responsible local authority.
How to make a claim
Supportive evidence is very important in any accident claim but it is especially significant in claims against local authorities. That is why we would advise anyone who has had an accident to:
- Take photographs as soon as possible after the accident of the place where you were injured making sure that the cause of the accident is clear. If the accident is due to a pothole, defective paving slab or some other issue, it is important that the extent of the defect of where your injury took place is shown clearly in the photographs. Something to bring it into scale i.e. a ruler, coin or other item next to or in the defect will help with this.
- Take measurements of the size of the defect (depth is particularly important), or the extent of spillage/ice that caused your injury.
- Take the names, addresses and contact details of any witnesses. Sometimes local residents will be able to say how long the defect was there for, even that they had previously complained about it.
- These investigations are vitally important to undertake immediately, as the local authority may repair the defect upon learning of an accident. Any dispute about the size of the defect is difficult to prove after it has been filled in/repaired.
You should contact us as soon as possible after an accident has occurred as there are strict time limits by which you must make a claim. If you are an adult, you have 3 years from the date of the accident to bring court proceedings. The court will expect you to have presented your claim to the defendant well before court proceedings are necessary. If you are under the age of 18 at the time you were injured, the 3 years that you have to bring court proceedings does not start until you are 18.
Why choose us?
At Admiral Law we have years of experience of dealing with serious accidents from which there have been life changing injuries, significant long-term impairment and restriction at home and in work.
Our focus is to ensure you receive the optimum rehabilitation at the earliest opportunity. Through the involvement of industry recognised rehabilitation providers, therapists, support workers and medical experts providing nation-wide coverage, our team will ensure that every aspect of your injuries are considered and a bespoke rehabilitation package implemented via third party funding.
As signatories to the Serious Injuries Guide, along with most major insurers in the UK, we will look to implement a rehabilitation program even before an admission of fault.
We have secured millions of pounds for clients whose lives have been changed forever, giving them the opportunity to move forward and regain their independence.
How will my claim be funded?
You may have legal expenses insurance attached to your car or home insurance policy. We can make enquiries to see if any such legal expense insurance exists and can be used to fund your claim. If you do not have existing legal expenses insurance we can enter into a Conditional Fee Agreement (a no win no fee agreement) and a bespoke policy of after the event legal expenses insurance. Under the terms of a no win no fee agreement, you may be charged a success fee.
How long will my claim take?
We aim to conclude your claim as soon as is possible. The length of time this takes depends very much on the severity of the injury, the duration of your recovery and importantly the willingness of the defendant to accept fault.
It is important that we ensure that you are recovered completely or have a final prognosis for your injuries in order to calculate any resulting losses, before attempting to settle your claim.
How much compensation will I receive?
The consequences of the same injury or illness will vary between individuals. This means the amount of compensation you receive will be personal to you. A dispute as to whether the defendant should pay compensation may also affect the amount you receive.
Our personal injury solicitors are experienced in accurately valuing claims based on your particular circumstances, to ensure you get the compensation you deserve.