Damaged for Life After a Pothole Fall – Can I Claim?


A mother of 2 was out on the school run when she tripped on a pothole and broke her kneecap.

Potholes int he road

Pothole on the School Run

The woman was walking along a path that led towards a well-known convenience store. Suddenly, she tripped on a large pothole whilst crossing the road. The pothole caused her to fall forward and land hard on her knee. She tried to carry on with her journey but was in too much pain and the school was still around 25 minutes away. She decided to make her way home the best she could with the children.

Broken Kneecap Led to Surgery

Back in 2012, the AA conducted a study that showed how pedestrians were becoming the new victims of potholes. They are a particular problem for the elderly, who can suffer serious injuries as a result of falling. We often tell the stories of elderly people who have fallen victim to potholes, but anyone of any age can become a victim of badly maintained roads due to the fault of their local councils.

When she arrived home her husband realised she was in a great deal of pain and that her knee was in an unnatural position. Her knee was in fact on the other side of her leg.

He immediately rang for an ambulance and she was rushed to hospital where it was confirmed she had broken her kneecap. Despite her leg being placed in plaster cast for the following 6 weeks, her knee kept dislocating, resulting in 6 further visits to the hospital.

Because of the complications that followed, an orthopaedic consultant operated on her leg. Screws were inserted into her ankle and knee and the leg was put back into a full leg plaster cast. She remained in the hospital for just over a week to recover under medical supervision.

Medically Examined to Get Compensation

The woman was still wearing a leg brace for 24 hours a day when she came to us, which was almost 6 months after the incident. Doctors were unsure of how long she would be in the full leg brace, but as a result of the fall, she had lost full mobility. She was advised that she would never regain it and positions such as squatting would be impossible. Lisa Sheldon, partner and solicitor for Simpson Millar LLP, considered all this when acting for her.

The woman was a housewife prior to the accident. Due to her lack of mobility, her husband had to give up his job as a chef to become a carer for her and the 2 children.

To ensure that she was properly compensated for this terrible accident, we arranged for her to be medically examined by an independent expert. This was done to strengthen her case. The expert’s report allowed us to negotiate with Telford & Wrekin Council to get the woman £9,280 in compensation.

Top Tip to Take Away

  • Accidents on the road do not always have to involve a motor vehicle to make a claim
  • We can arrange for an independent expert who can ensure you are properly compensated

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