When you least expect it, slip and fall injuries can happen out of the blue and take your life away from you. One in five falls causes serious injuries. Uneven pavement accidents can result in bruises, broken bones, and concussions. When you get injured in an uneven pavement accident, you need to consider getting compensation for your injuries. You are entitled to payment for the damages you received, as the premises owner neglected to manage the pavement on their property properly. To get help with seeking a settlement, you can work with a personal injury attorney who can guide you through the process.
To get started with your settlement claim in Orange County, you can recruit the help of a dependable attorney. Lawyers can review your case to make sure you are eligible for compensation. Contact Timothy J. Ryan & Associates for a free consultation.
How to Handle Uneven Pavement Accidents
Your lawyer will create a strategy to pressure the other party into providing a settlement for your damages. They help the other parties understand why your injuries should be taken seriously.
Can you sue for uneven pavement?
When you have damages directly caused by an uneven pavement accident, you can sue for your injuries. However, it is more likely that you will settle outside of court. Most personal injury cases settle instead of getting a court date, and even if you file a lawsuit, you will have to attend a pre-trial hearing to mediate the issue before a court date is set. Additionally, the uneven pavement has to be much more than a trivial defect. This means that the surface has to be significantly uneven for it to be considered a true hazard. Where the sidewalk is located is also important, as it has to be a common passageway meant for visitors to cross. If there are hazard signs up to warn you, then you cannot seek compensation as well.
How do I make a claim for pavement tripping?
To start your claim, you need to begin collecting evidence to help your attorney prove your case. This will be used to show that the premises owner was neglectful in some way. First, you have to take photographs of the area where you tripped. Also, take pictures of the wounds you received from your accident as well. After you get medical treatment, you will need to contact an attorney. With your personal injury lawyer’s help, you can figure out how much your settlement is worth.
Your claim must include your medical bills, and this goes beyond your initial visit. For example, you can add in your medical tests, imaging scans, prescription medicine, physical therapy sessions, and follow-up appointments. Your motorcycle accident attorney will also need information on your wage loss and how many workdays you will miss in the long run. If you went through pain and suffering because of your injuries, you can also include this as a form of non-economic damages. Next, your lawyer will take over from there and negotiate with the other parties to obtain a settlement amount. The attorney may have to seek damages from a business owner, homeowner, or municipality, depending on the location of the sidewalk.
What height is classed as a trip hazard?
Typically, the pavement has to be uneven by more than one inch for it to uphold in court as being a hazard. However, if it is less than one inch, it is believed that the height difference is too trivial and does not need to be repaired by the property owner.
What are other factors to consider?
If a tree was growing near a sidewalk and its roots disturbed the pavement, making it uneven, then you will need to seek a settlement from the tree owner instead. Also, the shoes you were wearing at the time of the accident may play a part. You have to prove that you were wearing appropriate footwear that was not defective at the time of your accident.
What Are My Next Steps for an Uneven Pavement Accident?
Uneven pavement accidents have resulted in serious injuries, many of them resulting in head wounds. You may be missing time from work, unable to attend to your daily chores, or participate in the activities that you love because of your injuries. When you are experiencing damages, it is only fair that the person responsible pays for your losses. After you have collected enough information about your accident, you can seek the counsel of a knowledgeable personal injury attorney. Call Timothy J. Ryan & Associates today for a free consultation.