Filing a personal injury claim for a slip and fall accident can be difficult. Such an accident usually falls under either general personal injury law or premises liability claims. However, determining who holds responsibility, and pursuing a lawsuit for compensation can get very complicated when it comes to a public area. Learn how to determine liability when you slip and fall on the sidewalk and how a personal injury attorney can help you collect compensatory damages.
Personal, Business or Municipal Responsibility
The first step when you suffer a fall on a sidewalk is to determine who is actually responsible. If for example, you’re visiting a friend and you slip and fall on the sidewalk outside of their home, they may be responsible. However, if they are renting an apartment and their landlord is responsible for maintenance of the sidewalks, then the landlord holds responsibility.
If you’re at a business and you have a falling accident, the business owner or property manager likely holds responsibility. Finally, if you fall in a public place like in front of a municipal building, public park place or the like, the city may (but not always) hold responsibility for the accident.
Preparing to File a Damages Claim
The next step is to prepare your claim. This starts at the moment of your accident. Take photos of the conditions that caused your accident if you can. Talk to any witnesses and get contact information. Speak with police and make sure they file a report. Anything you can collect that will back up your claim will be important.
Secondly, was the situation that caused your accident truly negligence on someone’s part? To get compensated you need to prove that someone acted irresponsibly, that they violated a basic duty to provide you a relatively safe place to walk, and that failure is why you got hurt.
Consider an ice-related fall, which is the most common kind. Is there currently an ice storm going on that created the condition, or did it just end an hour or two ago? If so, the person responsible for the sidewalk may not be negligent as they haven’t had proper time to address the situation. If it happened yesterday, on the other hand, and there’s not even a warning sign, then you may have a case for negligence.
Work with Your Personal Injury Attorney
Seeking damages can be stressful and difficult. Your personal injury attorney is well equipped to stand up against bullying insurance companies who are trying not to pay. They know how to avoid claims of immunity by municipal governments. They can work to prove negligence, protect your rights and get you the full compensation you deserve for medical bills, lost wages, pain and suffering and more.
For years the attorneys at Disparti Law Group have helped people like you who are the victims of others’ irresponsibility. We bring decades of combined experience to the table as well as a deep knowledge of the law. If you’ve been hurt and need representation in the Chicago area, give us a call for a free consultation regarding the details of your case today.