Dealing With City Sidewalk Slip And Fall

Falling off due to poorly maintained sidewalks can result in fatal injuries. One may be furious and embarrassed at the same time, keeping in mind that it was not their fault. Apart from the embarrassment, you may have gone through, your slipping and falling may be worth top dollar compensation.

 Filing a claim will mean proving that the negligent party was liable for the injuries you suffered. However, in some cases, sidewalk slip and fall don’t mean someone was responsible for your injuries.

Dealing With City Sidewalk Slip And Fall

Who To Hold Liable For Your Sidewalk Slip and Fall

If you slip and fell off on a street or any other walkway, you may be wondering who is to be held liable for your injuries. You will need the correct legal information to know how to deal with the situation. Property owners or the local government may maintain sidewalks. You may need to  hire attorneys in Wasilla Alaska determine whether the sidewalk condition was due to negligence as follows:

  • When a property owner is liable: Placing liability on a property owner may require you to prove that the property owner knew of the sidewalk condition but took no action to ensure passersby were safe. For instance, you may be walking on a broken pavement on your apartment’s sidewalk; in such a case, it may be easy to blame the property owner since he/she could also be using the same pavement and knew of the danger. It would be better if you have taken photos of the pavement, as such pictures may be worth a thousand words.
  • When the local government is liable: It becomes challenging when it comes to blaming the government. For one, there are strict rules on how you should take notice of a claim. In fact, in some states, a claim may be denied by the mere fact of sending such to the wrong agency. More to this, you may be forced to file your lawsuit within a short time. Again, you may have a limit on how much you can recover as damages. The local government becomes liable for your injuries if only you can prove that the roads’ failed and should have known that the sidewalk was unsafe. 

 In some rare circumstances, both the property owner and the municipality may be held liable for your injuries. But success in such claims would require a seasoned personal injury lawyer to decide whether it’s reasonable to file a lawsuit against both defendants and explain special rules needed to sue a city, county, or state for injuries suffered.

Compensatory Damages 

 Due to the technicality of such cases, it’s vital to have an experienced lawyer guide you in the process of making a claim. Such a lawyer can guide you in sending the notice of claim to their right department. Again, you will learn what to be included in the notice of claim and how to file. He/she will ensure the notice is sent within the shortest time possible; some states have a shorter notice of 30 days. That would be a short time for anyone who is not aware of the rules and how they can apply to their claim. The truth is that some states have strict rules that may lend you to claim being barred.  

 You may wonder how much your slip and fall injury claim is worth. The property owner or the municipality will be liable for compensatory damages to ensure you return to your position before the accident occurred. You may recover damages such as:

  • Medical expenses
  • Lost wages
  • Property loss where you may have damaged your laptop, phone, or watch after the fall. You may be entitled to reimbursement for the fair market value of such properties.

 With the above, you may ask how much your personal injury case is worth. It becomes hard to determine damages to be offered in such cases. But you can get an estimate from a seasoned lawyer. You may be eligible for the above, keeping in mind that your financial recovery may be limited to some damages if you are to file a claim against the municipality. Also, in most states, you cannot recover punitive damages from the local government. Thus, it’s always wise to work out your case with an experienced lawyer. Again, you may also have limits on the damages to receive. Such limitations also vary from state to state. 

 A Lawyer Can Help 

 If you were injured after a sidewalk slip and fall, a lawyer could better position you for success. There will always be loopholes to achieve justice for anyone who wants to sue the government. This is due to the strict rules to follow in negotiations before one can sue the local government. In some cases, the local government may choose to negotiate with you and avoid a long process of going to court.

Where negotiations seem impossible or you disagree with the amount being offered, you have the right to take your case to court. Negligence is a significant factor that will determine whether your case wins or not.  

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