It was very wet last week and being mindful of cars I crossed the road without looking at the ground and tripped on a pothole. Am I eligible to claim for a sprained ankle after tripping on a pothole?
Generally road maintenance is the council’s responsibility and if you can demonstrate that their negligence resulted in your injury you should be able to make a compensation claim for a sprained ankle after tripping on a pothole.
If you are unsure who is responsible for maintaining the road where you suffered your injury you are advised to call the council planning office to find out. It is likely common sense would have prevailed and you sought immediate professional medical care after your accident but if not you should do so now as any delay in visiting you doctor or GP could jeopardise your claim for an injured ankle after falling in a pothole.
Once you have received adequate medical care, you should return to the scene and photograph the hole where you tripped and bring a measuring tape so you can show the depth of the hole in the photographs. Unless it appeared immediately before you tripped it is likely the council will be liable for your injury as they have failed to maintain safe roads. You should also gather contact details of any witnesses who saw your accident as well as any CCTV footage if cameras were present on the road, all this information could prove very useful in supporting a potential claim for a sprained ankle after tripping on a pothole.
You are then advised to speak with a personal injury claims solicitor; if you wish to pursue a compensation claim they will initiate proceedings by sending a ‘Letter of Claim’ to the council’s insurers. They then have 21 days to acknowledge the receipt of the letter and a further 90 to indicate whether they accept liability.
If they accept liability your solicitor will enter into negotiations with them to ensure you receive the maximum amount of compensation you are entitled to for your claim for a sprained ankle after tripping on a pothole. If liability is denied, your solicitor will initiate court proceedings against the negligent party subject to your approval.