How To File A Personal Injury Claim For A Sidewalk Accident

A cracked or icy sidewalk may not seem like a serious hazard, but thousands of people get hurt from it each year. One bad fall could result in serious injuries, from broken bones to head trauma. If you’ve recently experienced an accident like this, understanding your rights could help you get the benefits you rightfully deserve. This guide will walk you through how to file a personal injury claim for your accident and seek justice for your injuries.

Are Sidewalk Accidents Common?

Sidewalk accidents are a common concern, especially in busy cities like NYC that experience a lot of foot traffic. Weather conditions, wear and tear, and poor maintenance also play a role in why they happen. The combination of these reasons can lead to dangerous conditions for pedestrians, making sidewalk accidents a serious issue for those who live there.

Some of the most common sidewalk accidents include:

  • Tripping over uneven pavement
  • Slipping on ice or wet surfaces due to weather conditions
  • Falling due to poor maintenance
  • Injuries from debris or other obstructions that can cause someone to fall

Who’s Responsible For A Sidewalk Accident?

Determining who is responsible will depend on the accident’s details. Some of the most common parties responsible for sidewalk accidents include: 

Property Owners

New York’s laws require property owners to keep their sidewalks in a safe condition. This includes ensuring that the surface is even and not blocked by tree roots or other debris. If they choose to ignore the problem and you suffer an injury, the courts could hold them directly liable for damages.

Government

The local government or municipal authorities could be responsible for damages depending on your jurisdiction and where you fell. For example, NYC’s government is legally responsible for maintaining tree wells, ramps, and curbs. If your accident happened due to one of these issues, you can hold the city accountable for what happened.

Contractors

If recent construction creates dangerous sidewalk conditions, such as leaving it uneven, contractors may also be liable for accidents. You and your lawyer will need to gather evidence proving the connection between the contractor’s work and your accident to hold them responsible for any damages.

Can You File A Personal Injury Claim For A Sidewalk Accident In NY?

In New York, it is possible to file a personal injury claim for any damages you sustained during the accident. You’ll need to demonstrate that the responsible party was negligent in maintaining the sidewalk. This involves proving they knew about the hazard or should have known about it, and that it directly caused your accident.

Gathering evidence, such as photographs of the accident scene, medical records, and witness statements can also help you prove negligence and secure the compensation you need.


How Long Do You Have For Filing A Claim?

In New York, the statute of limitations for personal injury claims, including sidewalk accidents, is three years from the date of the accident. However, if you were injured on state or government-owned property, you have up to 90 days to file a Notice of Claim. Missing this deadline can result in losing your right to pursue a claim, so speak to a lawyer and take action immediately.

Start Your Personal Injury Claim Today

Have you suffered an injury due to a sidewalk accident? Having the right legal representation will help you get the best results. Our New York personal injury attorneys are here to guide you through the process and defend your rights. Please contact us online or at (866) 931-4254 to schedule a free consultation and start your claim today.