Pothole Fall Injury Claim

Mrs M was walking along a street, on her way home, when suddenly she fell forwards which caused her to land on her right arm.

It soon became apparent that the reason Mrs M had fallen was due to a large pothole that had formed in the pavement. The suddenness and force of the fall meant that Mrs M suffered a fractured elbow as well as a right shoulder strain from attempting to break her fall with her arms.

Because of her injuries, Mrs M had to have an operation to fit wires and a metal plate to her elbow as well as numerous sessions of physiotherapy to regain the strength in her arm. Even though the surgery was a success, it has led to Mrs M having a large amount of scarring.

How Tinsdills Helped

Once Mrs M instructed Tinsdills Solicitors to act on her behalf, we got to work putting a claim together for her. It became clear very early on, that a claim against the local council was possible as they had failed to inspect and maintain the pavement as the law requires them to do.

Initially, the insurer for the local council admitted responsibility for the client’s injuries. However, no sooner had they admitted liability, the insurers then protracted matters and refused to make any offers as they felt that there were potentially irrelevant or unreliable entries in our client’s medical records.

Nevertheless, we were confident that we were correct and that the insurers were liable and as such we issued court proceedings to allow a judge to determine matters.