Pothole accidents | Slip and fall

Pothole accidents

As a conscientious driver, you've done your best to pay attention and avoid road hazards while driving. This usually pays off, but sometimes the hazards aren't foreseeable or avoidable. If you've suffered a pothole injury, you might not have any idea how to identify what happened or who's responsible, just as when you drive without incident you might not give much thought to who to thank for the safe road conditions!

A skilled New Hampshire personal injury lawyer with Liberty Legal will be able to help you sort out how to proceed. Chances are that road maintenance is the responsibility of your state or local government. But which? Does it depend on which road the pothole formed in? Are you allowed to bring suit against your government? Are there any limitations on what kind of suit you can bring or a cap on how many damages you can receive? Does the government have any procedural privileges that you need to take into consideration when planning your suit? These are questions that you definitely need a lawyer to answer for you.


You might think that you can't afford a lawyer, but fortunately the legal system provides a way for people without financial means to get legal help in cases like pothole injury. A lawyer can take your case for a contingency fee, meaning that you don't have to pay any money up front. Instead, the lawyer will handle your case in return for receiving a percentage of your financial award at the end of your case when you receive it. This way, you can afford a lawyer no matter what, and lawyers can still help people who otherwise wouldn't be able to pay.

In a pothole injury case, you need to call a lawyer as soon as possible after the accident happens. After the responsible agency knows that an accident has taken place, it has a duty to correct the pothole so that others are not also injured and may act to do so quickly. If the pothole is filled in, it will be too late to get pictures and accurate measurements of it to use as evidence in your case. Therefore, make sure to call a lawyer as soon as you possibly can, so that he can gather as much evidence as possible.

If the pothole is filled in before you're able to have a lawyer examine it, it's all right: you can still gather all of the evidence you need to prove your case. You'll just have to go about it differently. In civil suits, the law allows a process called discovery. This means that the parties in the suit are allowed to force each other to disclose certain documents, records, and answers to questions. Some disclosures need to be made automatically, and you'll need a skilled New Hampshire personal injury lawyer to help you know what you have to disclose, in order to avoid penalties for non-compliance, and also to help you make sure that the opposing party has disclosed everything that it is required to. Discovery then also allows you to ask for certain additional documents and records. You'll need an experienced lawyer to know what you're allowed to ask for, what to ask for that will be most helpful to your case, how to phrase the requests, and other details that will give you the maximum strategic advantage in the case.

Finally, it might be possible to simply settle the case instead of going to court and having a full trial. Settling means agreeing with the other party that they will pay you a certain sum of money, and in return you will dismiss the case and never bring it again. Your lawyer will advise you how much it's wise to settle for, or whether you should hold out and risk going to court, and can also negotiate a better settlement for you if possible.

Don't delay, and don't go it alone: call our lawyers for a consultation and advice about your case today.