What is a head injury due to a poorly maintained road or pothole?
A head injury caused by a poorly maintained road or pothole typically occurs when a trip, slip, or fall takes place on a public pathway or carriageway that is not in a safe condition. This can include uneven pavements, potholes in the road, or loose or broken pavement slabs. These injuries can affect pedestrians, cyclists, motorcyclists and even drivers, depending on the circumstances.
Common types of head injuries from such accidents include concussion, skull fractures, brain injuries and lacerations. The severity of the injury will vary, but even minor head trauma can lead to long-term complications such as cognitive difficulties, headaches and emotional distress.
Can you claim compensation for a head injury caused by a pothole or poorly maintained road?
Yes, you may be able to claim compensation if your head injury was caused by a pothole or poorly maintained road. Local authorities and highway agencies have a responsibility to ensure that roads and pavements are in a safe condition for public use. If they fail to adequately maintain these surfaces and someone is injured as a result, they may be held liable.
To make a successful claim, it is important to prove that the responsible party was negligent in maintaining the road and that this directly caused your injury. Gathering evidence such as photographs of the scene, witness statements, and medical reports can significantly strengthen your case. Our solicitors will support you in building a robust case to claim the compensation you deserve.
Why choose Stephensons?
At Stephensons, we have extensive experience in handling serious injury and amputation claims. We are recognised by The Legal 500 for our personal injury work, and our team includes members of the Law Society’s Personal Injury Accreditation Scheme and the Association of Personal Injury Lawyers (APIL). This demonstrates our commitment to achieving the highest standards of legal expertise and client care in the field of Personal Injury.
We recognise that no two cases are alike, and we work closely with our clients to understand the full impact of their injuries—physically, emotionally, and financially. Our solicitors strive to secure the maximum level of compensation while supporting you with sensitivity and respect throughout every stage of the legal process.
How we can help
At Stephensons, we take a proactive and tailored approach to every case. Our serious injury solicitors will:
- Assess the circumstances of your accident and identify the responsible party
- Gather supporting evidence, including witness statements, medical reports and accident records
- Advise you on the most appropriate route for your claim—whether through negotiation, mediation or court proceedings
- Support you with access to rehabilitation services and interim payments where possible
- Handle your case on a conditional fee arrangement (no win no fee) which means there will be no upfront cost to start your claim
What can you claim compensation for?
Compensation following a head injury due to a pothole or poorly maintained road is intended to cover the physical, emotional and financial impact of your injury. This may include:
- General damages for pain, suffering and loss of amenity
- Medical and rehabilitation costs
- Loss of earnings
- Care and assistance costs
- Travel expenses
Most common FAQs about head injury claims due to poorly maintained roads
What evidence do I need to support my claim?
Photographs of the pothole or hazardous area, medical reports detailing your injury, and witness statements can all be crucial. Also, documentation showing you reported the hazard and evidence that it was not repaired in a timely manner will be beneficial.
How long do I have to make a claim?
In most personal injury cases, you have three years from the date of the accident, or from the date of knowledge of your injury, to begin a compensation claim. However, there are exceptions, such as cases involving children or individuals lacking mental capacity. It's best to seek legal advice as soon as possible.
Who is responsible for maintaining roads and pavements?
Responsibility usually lies with the local council or authority. In some cases, private landowners or property management firms may bear responsibility if the injury occurred on private land.
Can I still claim if I was partially at fault?
Yes, you may still be able to claim compensation even if you were partly responsible. This is known as contributory negligence and may affect the amount of compensation awarded, but it does not necessarily prevent you from claiming.
Contact us
If you or a loved one has suffered a head injury due to a poorly maintained road or pothole, it’s important to seek legal advice as soon as possible. Our team at Stephensons is here to help.
Call us today on 0161 696 6235 to speak to a member of our personal injury team or fill in our enquiry form and one of our specialists will call you back at a time that suits you.
Your road to recovery and the justice you deserve starts here with Stephensons.