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TRIP AND FALL
It’s easy to sign away your rights, especially your right to a civil lawsuit, if you agree to offers from an insurance company or a lawyer representing someone else – even the city or county government.
You deserve your own knowledgeable lawyer to represent you and make sure your rights are upheld.
Unfortunately, cracks, gaps, and broken slabs on public sidewalks are common in the Los Angeles area. Due to a lack of maintenance, people trip over cracked sidewalks every day and sustain serious injuries.
When you are injured after falling on a cracked sidewalk, it is important to act immediately. Make sure you receive medical care, but do not talk to insurance companies until you speak with an experienced LA premises liability attorney.
Over time, wear and tear due to environmental factors can cause sidewalks to become uneven, raised, depressed, and or otherwise unleveled. Oftentimes tree roots that are allowed to grow unchecked can cause an abrupt uplift in a sidewalk. Other times runoff or poor soil compaction can cause a sudden depression in a sidewalk.
Regardless of the reason for the uneven sidewalk, a defective sidewalk can become unsafe and pose a serious danger to the public. This is especially true when the trip hazard is on a public right of way, such as a city sidewalk. When a trip hazard is located on a city sidewalk, the trip hazard is often referred to as dangerous conditions on public property. This is because a trip hazard on a public property can lead to serious and even catastrophic injuries.
Like any personal injury, the aftermath of a sidewalk fall can be very confusing. Understanding the various factors that could affect your case can help you decide if you are entitled to compensation. Obtaining the assistance of our best sidewalk accident attorney can help you get the compensation you deserve.
Responsibility for maintaining a public sidewalk often falls on the city or county in which the defective sidewalk is located. This is because the city or county that owns or controls the sidewalk may owe certain duties and obligations to the general public to keep the sidewalk safe.
Sometimes the responsibility for maintaining the sidewalk may lie with the adjacent property owner. Arguably, this is because the sidewalks can be considered a public asset that belongs to the owner of the adjoining property. However, this does not necessarily absolve the city from their own duties and obligations in relation to the sidewalk.
Other times, depending on the circumstances, a public utility company or some other governmental entity may be liable for injuries caused by a sidewalk accident.
It is often difficult to find out who is liable for a sidewalk trip and fall injury. Liability may even be shared amongst multiple entities. An experienced sidewalk fall attorney can help discern the parties that are likely to be responsible for the injuries.
The law imposes very strict time limitations within which lawsuits must be filed with the courts. You could be forever barred from pursuing your legal remedies and receiving compensation if you fail to meet these time limitations.
Generally, a claim for personal injuries must be filed within two years from the date of the incident. However, if your claim is against a governmental entity, you must file a claim notice within six months of the incident. Therefore, it is important that you act quickly and without delay. The appropriate statute of limitations for a government claim may be complicated and difficult to discern.
An experience sidewalk injury attorney can assist you with how much time you have to file a claim and help determine the parties that are likely to be responsible for your injuries.
A sidewalk fall lawyer me be able to help you obtain the compensation you deserve. Compensation for a sidewalk injury can include, but is not limited to:
– Medical expenses coverage
– Past and future pain and suffering
– Past and future loss of earnings
– Damage to property
According to the California Civil Jury Instructions No. 1100, an injured party that claims that their injuries resulted from a dangerous condition on public property is required to show the following:
1. That [name of defendant]] owned [or controlled] the property;
2. That the property was in a dangerous condition at the time of the injury;
3. That the dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred;
4. [That negligent conduct of [name of defendant]’s employee created the dangerous condition;]
[That [name of defendant] had notice of the dangerous condition for a long enough time to have protected against it;]
5. That [name of plaintiff] was harmed; and
6. That the dangerous condition was a substantial factor in causing [name of plaintiff]’s harm.
To be successful in a claim for injury due to a dangerous condition of public property, a plaintiff must prove all six elements. An experienced sidewalk fall attorney can help you prove the elements required to hold the governmental entity liable for your injuries. However, it is important to abide by the strict time limitations required within which a claim must be correctly filed with the appropriate governmental entity.
There are essentially two ways to resolve a claim resulting from a sidewalk fall. The first and most common method of resolving this claim is through a negotiation process wherein the parties will attempt to come to an agreement as to an amount to compensate the injured party for their damages. The second method is to obtain a verdict at trial against the defendant. In either scenario, a sidewalk accident lawyer can help you obtain the compensation you deserve.
Like with any claim for personal injury, there is no set amount to compensate someone for their injuries. Instead, guidelines are often used to come to a figure. These factors include, but are not limited to:
– The severity of the injuries
– The amount of past and future medical bills
– The necessity of future medical treatment
– Loss of past or future earnings
– The extent to which the claimant may have contributed to their own injuries
Although pratfalls might be funny to Hollywood, in real life they are not only extremely painful but can require years of physical therapy to recover from. Some common injuries from falls include:
While we do not have to worry about snow here in Los Angeles like they do in the Midwest, proper sidewalk maintenance is still important. Large cracks and uneven areas of sidewalk should be reported to business owners or the City of Los Angeles right away. If the City is aware of damaged areas of sidewalk that present a hazard to pedestrians, but fails to do anything about it, that can be seen as an act of negligence, which may make the City liable for injuries that occur.
Similarly, walkways on private property, including storefronts, must also be properly maintained or the business owner could be held liable. Speak with our Los Angeles slip-and-fall accident attorneys now at (818) 305-6041 for a free consultation. Our fees are 100% contingency – if you don’t recover, you don’t owe any attorney’s fees.
It is smart to speak with a qualified attorney about your options. If you have suffered an injury due to a sidewalk fall, you may be entitled to compensation. To speak with an experienced attorney, contact the best sidewalk fall lawyers in Los Angeles at NOVIK LAW GROUP.
It’s important to contact an attorney regarding your sidewalk fall and injury as soon as possible after its occurrence. There are legal processes that must occur before earning compensation, and it is critical to have spoken about the details of the event and the extent of injuries before they are forgotten or without proof.
If you have sustained injuries from a sidewalk fall in Los Angeles, then the attorneys at Novik Law Group can help you. Even if the consequences from a sidewalk accident were minor, you may be entitled to compensation from the negligent party. Property managers and the city of Los Angeles are responsible for the condition of their sidewalks. When an accident occurs on the sidewalk, then it is best to seek legal counsel to earn justifiable compensation.
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If you’ve been injured in an accident, contact NOVIK LAW GROUP. Our experienced attorneys will help you achieve the best possible outcome in your case.
For a FREE Consultation, Call: (818) 305-6041