Pavement accident compensation claims

If you've had a pavement accident, you could make a pavement accident compensation claim.

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Claiming compensation for falling on pavement

Slip, trips, and falls on sidewalks can cause painful and sometimes serious injuries. They can also leave you feeling embarrassed and frustrated. The liability for a slip and fall accident on a public sidewalk depends on a number of factors, including the specific circumstances of the accident, the laws of the state where the accident occurred, and the local government's policies and procedures for maintaining sidewalks. In general, the property owner or manager is responsible for maintaining public sidewalks in a safe condition. This means that they must inspect sidewalks regularly for hazards, such as cracks, uneven surfaces, and debris, and take steps to repair or remove any hazards that they find. However, there are some exceptions to this rule. For example, if the accident was caused by a third party, such as a contractor who was working on the sidewalk, the third party may be liable for the accident. Additionally, if the victim was contributorily negligent, meaning that they were partially at fault for the accident, their compensation may be reduced. If you have tripped and fallen on an uneven sidewalk due to poor maintenance, we may be able to help you get the compensation you deserve.

Common causes of slips and trips on pavement include:

  • Obstructions and hazards such as drain covers or signs
  • Uneven curbs or paving
  • Poorly or incorrectly laid paving
  • Sidewalk damage resulting from tree root intrusion
  • Poor maintenance or sidewalks

What should I do?

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If you are involved in a slip and trip accident on a public sidewalk, there are a few things you should do:

  • Get medical attention immediately. This is important, even if you don't think you're injured. Some injuries, such as head injuries, may not be immediately apparent. A doctor can document your injuries and make sure you receive the treatment you need. This will help to document your injuries and establish a timeline for your recovery.
  • Report the accident to the authorities. You should report the accident to the police or to the municipality responsible for maintaining the sidewalk. This will create a record of the accident and help you if you decide to file a lawsuit later.
  • Take photos of the accident scene. This could include photos of the hazard that caused you to fall, as well as any injuries you sustained. Photos can be helpful evidence in a personal injury lawsuit.
  • Get the names and contact information of any witnesses to the accident. Witnesses can provide valuable testimony about what happened, and their statements can be used to support your claim.
  • Keep a record of all your Medical expenses. This includes doctor's visits, hospital bills, medication costs, and any other expenses related to your injuries.
  • Retain any documents related to the accident. This could include the police report, your medical records, and any photos or videos you took of the accident scene.

How much is my claim worth?

The amount of compensation a slip and fall accident victim on a public sidewalk is entitled to can vary depending on the specific circumstances of the accident. However, there are a few general factors that are typically considered, including:

  • The severity of the victim's injuries.. The more serious the victim's injuries, the more compensation they are likely to receive. This includes both physical injuries, such as broken bones and head injuries, as well as emotional injuries, such as post-traumatic stress disorder (PTSD).
  • The victim's Lost wages.. The victim may also be entitled to compensation for their Pain and suffering. This is a more subjective factor, as it is difficult to quantify the amount of pain and suffering a person experiences. However, a judge or jury will typically consider factors such as the length and severity of the victim's pain, as well as the impact it has had on their quality of life.
  • The victim's Pain and suffering.. The amount of lost wages that the victim has suffered is also a key factor. The insurance company will likely be willing to pay more for a claim with higher Lost wages.
  • The victim's Medical expenses.. The victim is entitled to compensation for all of their reasonable and necessary medical expenses related to the accident. This includes doctor's visits, hospital bills, medication costs, and any other expenses related to their treatment.
  • The property owner's liability.. The amount of compensation the victim receives will also depend on the property owner's liability for the accident. If the property owner was negligent in maintaining their property, they may be fully liable for the victim's damages. However, if the victim was also partially at fault for the accident, their compensation may be reduced.

The average claim for a slip and fall accident can vary depending on the severity of the victim's injuries, the property owner's liability, and other factors. However, according to the National Floor Safety Institute, the average slip and fall settlement is between $10,000 and $50,000.

It is important to note that these are just averages, and the actual amount of compensation a victim receives can vary significantly. Some slip and fall victims may receive much more than the average settlement, while others may receive much less.

A few extra useful tips

It is important to speak with an attorney if you have been injured in a slip and fall accident. An attorney can help you understand your legal rights and options, and they can represent you in a personal injury lawsuit if necessary.

Here are some additional tips for filing a slip and fall accident claim:

  • Identify the property owner or manager. The first step is to identify the property owner or manager responsible for maintaining the sidewalk. This may be the city, county, or state government, or it may be a private property owner.
  • Contact the property owner or manager. If you find any hazards on the sidewalk, you should contact the property owner or manager and report the hazards. You should also ask the property owner or manager to repair or remove the hazards.
  • Retain an attorney. If the property owner or manager refuses to repair or remove the hazards, or if you are injured in a slip and fall accident, you should retain an attorney to discuss your legal rights. An attorney can help you understand the factors that may affect liability for the accident and can represent you in a personal injury lawsuit if necessary.

Examples of successful slip and fall settlements

  • In 2019, a woman in New York City was awarded $2.5 million in a settlement against the city after she tripped and fell on a broken sidewalk. The woman suffered a fractured wrist and other injuries in the fall. The city had been aware of the broken sidewalk for several months before the accident, but had not taken any steps to repair it.
  • In 2018, a man in Los Angeles was awarded $1 million in a settlement against the city after he tripped and fell on a tree root that had grown through the sidewalk. The man suffered a broken leg and other injuries in the fall. The city had been aware of the tree root for several years, but had not taken any steps to remove it.
  • In 2017, a woman in Chicago was awarded $500,000 in a settlement against the city after she tripped and fell on a pothole in the sidewalk. The woman suffered a concussion and other injuries in the fall. The city had been aware of the pothole for several weeks before the accident, but had not taken any steps to repair it.
  • In 2016, a man in Philadelphia was awarded $300,000 in a settlement against the city after he tripped and fell on a piece of debris that had fallen from a tree onto the sidewalk. The man suffered a head injury and other injuries in the fall. The city had been aware of the debris for several days before the accident, but had not taken any steps to remove it.
  • In 2015, a woman in San Francisco was awarded $200,000 in a settlement against the city after she tripped and fell on a crack in the sidewalk. The woman suffered a broken ankle and other injuries in the fall. The city had been aware of the crack for several months before the accident, but had not taken any steps to repair it.

These are just a few examples of successful claims or settlements against municipalities for injuries resulting from public sidewalk obstructions or poor maintenance. In each of these cases, the municipality was found to be liable for the victim's injuries because they had failed to maintain the sidewalk in a safe condition.

If you have been injured in a slip, trip, or fall on a public sidewalk, it is important to speak with an attorney to discuss your legal rights. An attorney can help you determine if you have a claim against the municipality and can represent you in a personal injury lawsuit if necessary.


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