A Clearwater cracked or defective or broken sidewalks slip and fall injury lawyer can potentially help you recover compensation if you have suffered damages in a fall. A lawyer can help you understand the legal context that can be confusing in claims or lawsuits involving defective sidewalks. There may be several at-fault parties in your case.
To have a chance of recovering compensation, you will first have to find out whom you can hold responsible. A sidewalk could be the city of Clearwater’s responsibility to maintain or a private property owner’s responsibility.
Also, consider that not all slip and falls qualify as personal injury lawsuits. You will have to prove that someone else’s negligence directly caused your fall, injuries, and damages. If you simply slipped or tripped due to inattention or ill-fitting shoes, you likely do not have a case.
Call the Law Offices of Anidjar & Levine today for a free consultation to explore your legal options and discuss if you can recover compensation at 1-800-747-3733.
Injuries in Slip and Fall Accidents
While not all those who fall on a cracked or broken sidewalk suffer from serious injuries, a bad fall can have devastating consequences for an individual. Injuries suffered in falls can include:
- Head and brain injuries
- Neck and back injuries
- Spinal cord injuries
- Dislocations and sprains
- Cuts and lacerations
- Contusions
- Fractures
Older individuals can see their health severely compromised after a serious fall. According to figures from the Centers for Disease Control and Prevention (CDC), 3 million older people are treated in emergency departments annually after suffering severe injuries from falls.
Determining Who Is Responsible for Sidewalk Maintenance
A property owner has the general responsibility to ensure their premises are free of hazardous conditions. This includes any sidewalks on the property. Visitors and customers to a property, such as a shop or a restaurant, have the right to be reasonably safe when visiting. When it comes to sidewalks, the same principle generally applies. Sidewalks should be free from major defects, such as large cracks and big potholes that could cause members of the public to trip and suffer injuries.
However, in cases involving sidewalks, the legal context can be more complicated than with other types of properties. Sidewalks can be owned by the government, such as the City of Clearwater, or a private property owner.
Sidewalks in Private Ownership
When a sidewalk is located on private property, the property owner typically is legally responsible for maintaining it. This means that if a visitor or customer to a private property comes to harm due to a defective sidewalk, they could have a claim or lawsuit against the private property’s owner, who could be liable for the accident victim’s damages. In some instances, maintenance of sidewalks in Clearwater could fall on a homeowner’s association, complicating a case.
Sidewalks in Public Ownership
The general principle of responsibility is similar with publicly owned sidewalks. If you come to harm due to a broken sidewalk on public property, you could hold the city accountable. However, municipalities can have complicated rules that determine exactly how and when you can file a lawsuit against them. Without acting quickly, accident victims hoping to recover compensation may be out of luck when it comes to publicly owned sidewalks. Seeking counsel from a lawyer can make accident victims aware of their legal options.
If you suffered injuries in a fall on a broken sidewalk recently, you could work with a Clearwater cracked or defective or broken sidewalks slip and fall injury lawyer with the Law Offices of Anidjar & Levine. Call 1-800-747-3733 today for help and advice during a free consultation.
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Claims Against the Government
Suing the government in Florida can be challenging because it comes with its own set of rules that differ from filing a suit against a private property owner. Florida Statutes §768.28 specifically deals with claims against the government and lists situations in which the state’s immunity to lawsuits is lifted. The statute also caps the amount of money plaintiffs can hope to receive in a lawsuit, as well as the time limits for filing lawsuits against the government.
In addition to these restrictions on suing the government, local administrations may also require the claimant to file a notice of suit soon after an accident. This may be necessary before plaintiffs can proceed with any legal action against a local government. Not following these special rules and regulations can prevent accident victims from filing a lawsuit and recovering compensation.
A slip and fall lawyer can assist with filing a lawsuit against local government entities and help those injured on public property fight for their rights.
Damages Recoverable in Clearwater Sidewalk Falls
If you can hold a public or private property owner responsible for failing to repair a sidewalk, you may be able to recover compensation for your expenses and other damages. While any compensation will depend on various factors, including the seriousness of any injuries, plaintiffs could receive:
- Past, present, and future medical expenses
- Physical therapy
- Medications
- Medical devices, such as a wheelchair or crutches
- Medical transport costs
- Pain and suffering
- Disability
- Out-of-pocket expenses
Your Clearwater cracked or defective or broken sidewalks slip and fall injury lawyer can advise you comprehensively on the worth of your claim and any compensation you could receive in a lawsuit.
The Law Offices of Anidjar & Levine Can Fight for You
While a sidewalk slip and fall case can be challenging to litigate, we do not shy away from tough cases. If you or a loved one suffered serious injuries and significant expenses due to a private or public landowners’ negligence, help is available. You should not have to shoulder the medical bills and other costs if someone else is responsible for your accident.
Whether a public or private property owner is responsible, sidewalks must be adequately maintained. They should not be unsafe for the public to use. We understand that filing a lawsuit, especially if you are still recovering from your injuries, can seem stressful and overwhelming. However, we offer responsive legal care and can take care of pursuing what you deserve while you are free to focus on getting better.
Contact the Law Offices of Anidjar & Levine now for a free case review at 1-800-747-3733.
