I dashed across the road last week but ended up tripping on a pothole and injuring my knee. I believe I may be entitled to sprained knee compensation but my brother says I am not due to the fact that I ran across the road. Is he right?

Although your potential claim for sprained knee compensation may be complicated by the fact that it could be deemed you contributed to your accident, you may still be entitled to claim compensation for your injury. Road maintenance is usually the council’s responsibility and if you can prove that they were negligent with their upkeep of the road where you fell, you may be eligible for compensation.

If you are not sure who is responsible for the upkeep of the road, it is recommended that you call the council plans office to ascertain who you should direct your complaint against. Although there should be no pothole in the road, dashing across the road is not recommended either and it may be determined that your disregard for your general safety amounted to contributory negligence in this instance. This could alter the amount of sprained knee compensation you are entitled to claim therefore it is recommended that you speak with a personal injury solicitor to determine if it is worth your while pursuing a claim for compensation based on the circumstances surrounding your injury.

If you do intend to pursue then you must begin gathering evidence to support your claim. You should return to the scene of the accident with a camera and measuring tape and photograph the pothole making sure the depth of the hole can be easily seen. You should also gather contact details of anybody who may have seen your fall as well as CCTV footage from any camera that was present on the road.

Once your solicitor is satisfied with the evidence gathered they will send a letter of claim to the Council informing them about your intention to claim. They then have 21 days to acknowledge receipt of the letter and a further 90 days to indicate whether they accept liability.

If liability is accepted your solicitor will enter into negotiations with the insurance company to ensure you receive the maximum amount of sprained knee compensation you are eligible to claim.