The legal side of a trip and fall in Roswell is complicated. You might believe someone is liable for your injuries, but you’ll need to prove it first. A premises liability case takes work and often legal expertise to win.
If you were hurt after tripping on a cracked, defective, or broken sidewalk, talk to a Roswell lawyer today. Our lawyers at John Foy & Associates can investigate your situation so that you know your options.
We only work on contingency, meaning you don’t pay us unless we win your case. With over 20 years of experience, we have worked on a wide variety of trip and fall cases.
To get started with a FREE consultation, call (404) 400-4000 or contact us online.
Proving Fault in a Sidewalk Trip and Fall Case
To have a valid case, you must prove that:
- The party responsible for the sidewalk had a duty of care to keep the property safe
- There was a hazard on the sidewalk that could cause harm
- The property owner knew or should have known about the dangerous condition
- You suffered injuries and damages because of the risky sidewalk situation
You must be able to show that the property owner was negligent. (Negligence is a legal term for being careless.) It’s not enough to prove that you fell on a cracked, broken, or otherwise defective sidewalk. You’ll need to confirm that the property owner is liable.
Property owners have a duty of care to keep their premises safe. However, injury victims must also act in a way that reasonably avoids harm, according to the Official Code of Georgia Annotated (OCGA) §51-11-7. You’ll need to show that you couldn’t have avoided becoming injured on the sidewalk.
The at-fault party in this type of accident could be:
- A property owner
- A business owner
- A homeowner
- A government agency
It’s important to determine who is responsible for the sidewalk property. This will tell you where to seek compensation for your damages. Then, you must show that the sidewalk was unreasonably unsafe and that the owner should have known about it.
As you can see, premises liability claims can be complicated. It’s best to work with a Roswell trip and fall lawyer who can help. Your lawyer can help you gather the right evidence to build your claim.
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Bringing a Case Against a City
If your trip and fall happened on a public sidewalk, a city, county, or state might be liable. If so, be aware that there is a shorter time limit.
In Georgia, the statute of limitations for a personal injury case is usually two years. However, you only have 12 months from an accident to bring notice of a claim against the state, according to the Official Code of Georgia Annotated (OCGA) §51-21-26. For cases against the city, you’ll need to know the laws of that city.
Talk to a lawyer as soon as possible before bringing a claim. At John Foy & Associates, we’ll review your case during a FREE consultation. Call us at (404) 400-4000 or contact us online today.
Damages to Claim from a Sidewalk Trip and Fall
If your claim is successful, you can recover any losses from your injuries. These personal injury damages include:
- Medical treatment costs, including bills, medications, and physical therapy
- Future or ongoing treatment needs
- Lost wages from having to miss work time
- Loss of earning capacity
- Property damage
- Pain and suffering, such as mental anguish and anxiety
A trip and fall can affect a victim in many ways. Tripping and falling might not sound like a big deal to some people. But an unexpected trip can lead to serious and life-changing injuries.
Most people reach out to catch themselves as they fall. This can lead to broken bones, severe abrasions, and sprains. A person might also fall on other objects that could cause more injuries. The actual act of tripping on a cracked sidewalk can cause twisted ankles, broken toes, and further damage.
Don’t discount any of your costs from the fall. Your lawyer will consider every way the accident has affected you. This includes the emotional aftermath a sidewalk injury has on your life.
What to Do After Tripping on a Sidewalk
As previously mentioned, you have limited time to bring a legal case. Since it takes time to build a claim, it’s best to start as soon as possible. That will allow for unexpected changes or negotiations between you and the insurance company.
The property owner’s insurance company typically pays for the damages. You can seek compensation by filing an injury claim or lawsuit. Before you do that, there are ways to start building your claim.
Here are some steps you can take to build your claim after the fall:
- Get medical attention as soon as possible. If you need emergency treatment, call for an ambulance. Otherwise, see a doctor after documenting the scene—even if you feel okay.
- Take pictures and videos. Use your phone or a camera to snap photos of the defective sidewalk, the entire scene, and your injuries. A property owner might rush to fix the problem soon after you fall. To prevent this from hurting your case, take as many pictures or videos as you can.
- Talk to any eyewitnesses. Since a sidewalk is usually public, there were probably other people around. Talk to anyone who witnessed your fall or noticed the broken sidewalk. Ask for these people’s contact information so that your lawyer can interview them.
- Report the trip and fall. Find out who is responsible for the upkeep of the sidewalk and report your fall to that party. Avoid admitting any blame or apologizing for what occurred.
- Save records of your damages. This includes medical bills and receipts. You will need this evidence for your claim.
Call a lawyer for help with all of the above. They can use the information you’ve gathered to build the most robust case possible.
Talk to a Roswell Broken Sidewalks Trip and Fall Lawyer
Tripping on a cracked sidewalk is a stressful and painful situation. If you’re not sure what to do, call John Foy & Associates. Our lawyers can handle the legal details while you focus on healing.
We have been helping accident victims in Georgia for over 20 years. As one of the largest law firms and the “Strong Arm” against insurance companies, we know what it takes to fight. Contact us today to learn more during a FREE consultation.
Call us at (404) 400-4000 or contact us online for your free consultation.
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