Councils have a legal duty to maintain what they're responsible for

Potholes, broken pavements, poorly maintained parks, faulty street lighting: local authorities have a specific legal duty to keep these reasonably safe, and a claim can follow where they didn't.

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Claims against a council work a little differently to claims against a business or an individual. Highway authorities have a defined duty under the Highways Act to maintain roads and pavements, and a specific legal defence is available to them if they can show a reasonable system of inspection and repair was in place.

That defence isn't automatic, and it's exactly the kind of thing worth having checked properly rather than assuming a claim against a council is harder than any other.

What kinds of council claim do we handle?

  • Pothole and road surface injuries

    To drivers, cyclists and motorcyclists.

  • Pavement and footpath defects

    Including trip hazards from uneven paving.

  • Poorly maintained parks and public land

    Including play areas, footpaths and open spaces.

  • Faulty or absent street lighting

    Contributing to an accident.

  • Disrepair in council-owned buildings

    Including housing and public buildings.

  • School and nursery accidents

    Where the council is the responsible body.

What if I was partly at fault?

Partial responsibility reduces compensation proportionally rather than removing the claim. Councils frequently raise their statutory maintenance defence; whether it actually holds up depends on their inspection records, not just their assertion.

What you could receive

Council injury claims cover general damages for the injury and its effect on your life, and special damages for financial losses, including lost earnings, treatment costs and, for vehicle-related claims, damage to the vehicle itself.

We'll talk you through what's realistic for your situation once we've reviewed the details. We won't overpromise, and we won't quote a figure before we've properly understood your case.

How does a claim actually work?

Four stages, and you always know which one you're in.

  1. 01

    Initial consultation

    You tell us what happened. We give you a straight view on whether your claim has merit, free and with no obligation.

  2. 02

    Investigation

    We gather evidence, photographs of the hazard, incident reports, and where relevant, the council's own inspection and maintenance records.

  3. 03

    Testing the council's defence

    Where a highway authority relies on its statutory maintenance defence, we assess whether their inspection system genuinely supports that.

  4. 04

    Negotiation and resolution

    Most claims settle through negotiation. We'll explain how our fee is calculated before you agree to anything.

Don't leave it late

How long do I have to claim?

Most personal injury claims must be brought within three years of the accident, or three years from the date you first connected your injury to it. For children, that three year clock starts on their eighteenth birthday.

If you're not sure whether you're still within the time limit, contact us. We'll tell you quickly.

The money side

What will it cost me?

Nothing upfront. Where a no win, no fee agreement applies, our fee comes from your compensation only if the claim succeeds, and it's set out in full, in writing, before you agree to anything.

  • We'll explain the funding options available for your claim, which may include a conditional fee (no win, no fee) arrangement, clearly and in full before you decide whether to proceed.
  • Where a conditional fee agreement applies and your claim succeeds, a success fee is deducted from your compensation. The law limits that fee in personal injury claims, and it is never taken from any damages awarded for future care or future loss of earnings. We explain exactly how it is worked out, in writing, before you agree to anything.
  • A cancellation fee may apply if you withdraw outside the 14 day cooling off period. Full details will be provided before you sign anything.
Common questions

Frequently asked questions

Is it harder to claim against a council than a business?

Not inherently, though councils can raise a specific statutory defence around road maintenance. Whether it applies depends on their actual inspection records, which we'll ask for.

Do I need to report the pothole or hazard myself?

It helps, and many councils have an online reporting system, but a claim isn't ruled out if you didn't report it yourself.

What if I don't know which council is responsible?

We can usually establish this from the location, some roads are managed by National Highways rather than the local council, and we'll check which applies.

Can I claim for damage to my car as well as my injury?

Yes, vehicle damage can be included alongside a personal injury claim where the same hazard caused both.

Ready to find out where you stand

Tell us what happened. We'll give you a straight answer, and we won't pressure you either way.

Start your claimOr ring 0333 360 9696
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