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Case Study

Pothole Causes Fracture : Successful Claim for £7,000 Personal Injury Damages

The claimant’s details have been changed but this is indeed a true case

Phil Mulryne acted for Mr T, the Claimant, following an accident.

The Claimant was in the process of crossing the road and as he stepped into the road his ankle gave way due to a pothole that had formed on the road surface.

The claim was put to the relevant Highways Authority who were unable to show that they had in place the appropriate system and maintenance of the road and therefore accepted liability.

As a result of the accident the Claimant was diagnosed as suffering from a fracture to his ankle. The Claimant underwent physiotherapy and his symptoms steadily improved. However, it was felt that he would be left with some minor stiffness and aching which would be permanent.

Before medical evidence was served on the Defendants and offer of £3,500 was put forward. This was rejected. An increased offer of £6,210 was put forward (this included £210.00 worth of treatment costs). This further offer was also rejected and subsequently an offer of £7,000 for personal injury damages plus treatment costs was made and an agreement to settle the claim on the above basis was reached.

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