Tripping and falling on uneven pavement and a city sidewalk is a common yet serious issue. This problem can lead to significant injuries and costly medical bills in case of a serious injury.
Most people have very little idea on how damaging such incidents can really be. The fall incidents sometimes even lead to death. According to WHO, Each year an estimated 684 000 individuals die from falls globally!
If you’ve experienced a fall accident on an uneven sidewalk or public property, you might be wondering about your legal options and who is responsible for your injuries.
We will guide you through the causes of uneven pavement, common fall injuries, steps to take after a fall, proving negligence, and the potential for receiving compensation for lost wages and other damages.
What Causes Uneven Pavement?
Understanding the reasons for an uneven pavement can help an in better understanding fall cases. Moreover, it can help an experienced lawyer determine the severity of injuries from uneven sidewalks to some extent. Uneven pavement can result from various factors, including:
- Weather conditions: Freeze-thaw cycles can cause pavement to crack and shift.
- Tree roots: As tree roots grow, they can lift and break sidewalks.
- Poor maintenance: Lack of regular sidewalk maintenance can lead to deterioration.
- Construction issues: Poor construction practices or substandard materials can result in uneven surfaces.
- Heavy traffic: Frequent use by vehicles or pedestrians can wear down pavement over time.
Understanding the cause of your trip and fall is crucial in determining liability and pursuing a legal claim.
What Are Common Fall Injuries?
Falls can cause a range of injuries, from minor to severe, including:
- Broken bones: Fractures in the arms, legs, hips, and wrists are common.
- Sprains and strains: Ligament and tendon injuries can result from awkward landings.
- Head injuries: Concussions and other traumatic brain injuries can occur if you hit your head.
- Cuts and bruises: Surface injuries from hitting the ground.
- Back and spinal injuries: Falls can cause herniated discs or other serious spinal issues.
These injuries can lead to significant pain, suffering, and medical expenses, making it essential to seek legal advice from an experienced slip and fall attorney.
What Should I Do After a Trip and Fall?
If you’ve slipped, tripped and fell on uneven pavement, taking the following steps can protect your health and legal rights:
- Seek medical attention: Immediate medical treatment ensures your injuries are documented and treated properly.
- Report the incident: Notify the property owner or city government about your fall accident.
- Document the scene: Take photos of the uneven pavement and surrounding area. Note any dangerous conditions that contributed to your fall.
- Collect witness statements: If anyone saw your fall, get their contact information and statements.
- Keep records: Save medical bills, treatment records, and any correspondence with the property owner or city.
- Consult an experienced attorney: A lawyer can help you navigate the legal process and determine the best course of action.
Who Is Responsible After Falling on Uneven Pavement?
Determining responsibility for a trip and fall incident depends on various factors, including the location of the fall and the condition of the pavement. Potentially liable parties include:
- Property owners: If you fell on private property, the owner might be responsible for maintaining safe walkways.
- City government: Falls on public sidewalks may fall under the jurisdiction of the city or local government.
- Business owners: Commercial property owners must ensure their premises are safe for pedestrians.
- Tenants: In rental properties, the lease agreement may specify whether the landlord or tenant is responsible for sidewalk maintenance.
Identifying the responsible party is crucial for filing a legal claim and seeking compensation.
Proving Negligence After Tripping on Uneven Pavement
There are a few different types of fall accidents that can occur. However, if you want to hold someone liable for your fall, you must prove that they were negligent in maintaining the pavement. Key elements to establish negligence include:
- Duty of care: The property owner or responsible party had a duty to maintain the pavement in a safe condition.
- Breach of duty: The responsible party failed to fulfill their duty, resulting in a dangerous condition.
- Causation: The breach of duty directly caused your fall and injuries.
- Damages: You suffered actual damages, such as medical expenses, lost wages, and pain and suffering.
An experienced attorney can help gather evidence, such as photos, witness statements, and maintenance records, to prove negligence.
Can You Sue After Falling on Uneven Pavement?
Yes, you can sue if you’ve tripped and fell on uneven pavement due to someone else’s negligence. To pursue a legal claim, you need to:
- Determine liability: Identify the party responsible for maintaining the pavement.
- File a claim: Submit a legal claim with the appropriate court or government entity.
- Gather evidence: Collect documentation to support your case.
- Negotiate or litigate: Work with your lawyer to negotiate a settlement or take your case to court if necessary.
Whom Can I Sue?
You may be able to sue various parties, depending on where your fall occurred:
- Private property owners: For falls on residential or commercial properties.
- City government: For falls on public sidewalks or city property.
- Businesses: For falls on premises like stores or restaurants.
- Landlords: For falls on rental properties where the lease agreement specifies maintenance responsibilities.
Consulting with an experienced attorney can help you determine the appropriate party to sue.
When Can I Sue After Falling on Uneven Pavement?
Timing is crucial when filing a legal claim for a trip and fall incident. In Nevada, the statute of limitations for personal injury cases is generally two years from the date of the fall. This means you have two years to file a lawsuit; otherwise, you may lose your right to seek compensation.
How Can I Sue After Falling on Uneven Pavement?
To sue after a trip and fall, follow these steps:
- Consult an attorney: Seek legal advice to understand your rights and options.
- File a complaint: Your attorney will draft and file a legal complaint outlining your case.
- Serve the defendant: The responsible party must be officially notified of the lawsuit.
- Gather evidence: Collect documentation, witness statements, and expert opinions.
- Negotiate or go to trial: Your attorney will negotiate a settlement or represent you in court.
Legal Considerations
Several legal considerations can impact your case, including:
- Comparative negligence: Nevada follows a modified comparative negligence rule, meaning you can still recover damages if you’re less than 50% at fault for the fall. However, your compensation will be reduced by your percentage of fault.
- Sovereign immunity: Suing a government entity can be more complex due to sovereign immunity laws, which protect government agencies from certain lawsuits. An experienced attorney can navigate these complexities.
Can I Receive Compensation for Lost Wages After a Trip Injury?
Yes, you can seek compensation for lost wages if your fall injuries prevent you from working. To claim lost wages, you’ll need to provide:
- Pay stubs or income statements: To prove your regular earnings.
- Doctor’s notes: To verify that your injuries prevent you from working.
- Testimony: From your employer or colleagues confirming your inability to work.
Lost wages are part of the damages you can claim, along with medical expenses, pain and suffering, and other related costs.
How an Attorney Can Help You After a Trip and Fall on Uneven Pavement
Experiencing a trip and fall on uneven pavement can be overwhelming and painful. Navigating the legal process to seek compensation for your injuries and losses can be equally daunting. This is where an experienced personal injury attorney becomes invaluable. Here’s how an attorney can help you after a trip and fall on uneven pavement:
- Initial Case Evaluation and Legal Advice: An attorney will provide a free case evaluation to assess the merits of your claim, reviewing your account, evidence, and advising on your legal options.
- Investigation and Evidence Collection: They will conduct a thorough investigation of the accident scene, gather witness statements, obtain maintenance records, and consult experts to strengthen your case.
- Determining Liability: Your attorney will identify the responsible party, whether it’s a private property owner, business, or city government, and assess any negligence involved.
- Proving Negligence: They will help prove negligence by establishing the duty of care, showing the breach of duty, linking causation to your fall, and documenting all your damages.
- Negotiating with Insurance Companies: An experienced attorney will handle communications, negotiate settlements, and advocate for your rights to ensure you receive fair compensation.
- Filing a Lawsuit and Representation in Court: If necessary, your attorney will file a lawsuit, represent you in court, present compelling evidence, and advocate on your behalf during the trial.
- Maximizing Compensation: Their goal is to secure the maximum compensation by accurately assessing damages, pursuing all compensation sources, and ensuring the settlement reflects your injuries’ impact.
- Handling Complex Legal Procedures: An attorney will meet all legal deadlines, navigate procedural requirements, and manage the legal complexities, allowing you to focus on your recovery.
Contact BLG’s Experienced Lawyers for Trip and Fall Accidents
Tripping and falling on uneven pavement can result in serious injuries and significant financial burdens. Understanding your legal rights and options is crucial for seeking compensation and holding the responsible parties accountable.
If you’ve experienced a fall accident on an uneven sidewalk or public property, consult an experienced personal injury attorney to guide you through the process. With the right legal support, you can pursue a claim and receive the compensation you deserve for your injuries and losses.
If you’ve been injured after tripping and falling on uneven pavement, don’t wait to seek legal advice. Our experienced attorneys at BLG are here to help you navigate your legal options and pursue the compensation you deserve.
Contact us today for a free consultation.
1-800-870-8910