Occasionally tripping on cracked or uneven sidewalks is an unfortunate part of life in most cities. But if you’ve ever taken a particularly nasty tumble thanks to a sidewalk defect, you may have wondered, “Do I have a valid personal injury claim?”
“That depends on several factors,” says Peter Briskin of New York/New Jersey law firm Fishbeyn & Briskin, P.C. According to Briskin, there are three things to consider with regard to any potential personal injury case: liability, damages and ability to pay.
Who’s Liable?
Briskin explains that the most important part of any personal injury case is determining and then proving who is legally and financially liable for an accident. A sidewalk accident is an example of a case that involves what’s called “premises liability.” “Premises liability” is a legal term that refers to a property owner’s legal responsibility for accidents that occur on his property. If an accident occurs in your home, for example, as the result of a broken step you knew about but didn’t fix, you may be held liable for any costs associated with that accident.
Determining liability for an accident also involves determining whether you, as the accident victim, are partially responsible. Were you being careless? Were you under the influence of alcohol or drugs? “It’s true,” says Briskin, “that a property owner can be responsible for an uneven sidewalk in front of his property. However, he is not automatically 100% at fault if someone trips. Whether or not that person was alert and paying attention when the accident is also important.”
Briskin also says that if your accident occurs on a public sidewalk, it’s essential that you hire an attorney immediately. “No matter where you are,” he says, “governmental bodies are immune from suit. However, they do waive that immunity in certain situations.”
Briskin explains that, in New York or New Jersey, if you fail to file a Notice of Claim (a legal document outlining your intent to file a personal injury claim) within 90 days of the accident, you will be barred from pursuing a lawsuit, regardless of the extent of your injuries.
What Are the Damages?
“Damages,” in a personal injury case, refers to the amount of harm that’s been done to you as the result of an accident. Briskin explains that there are two types of damages. Compensatory damages are quantifiable damages. Compensatory damages include medical costs, lost wages and other accident-related out-of-pocket expenses. Non-compensatory damages are more difficult to assign a value to. They include pain, discomfort, lifestyle changes, physical limitations, and other negative impacts of an accident - the “pain and suffering” portion of your case.
“Tripping on a sidewalk isn’t a real problem for you,” says Briskin, “if you just scrape your knee. When it becomes a problem, and therefore a viable personal injury claim, is when you sustain an injury for which you need to seek medical treatment. And if you sustain an injury that involves long-term pain or disability, then the damages are even greater.”
Can the Liable Person Pay?
When evaluating any personal injury case, it’s important to consider whether the person (or entity) responsible for the accident is a) insured, or b) has access to money or assets that can be used to compensate the accident victim. If your sidewalk accident occurred on private property, there’s a good chance that the property owner is insured. If the fall occurred on public property, however, Briskin reiterates the importance of contacting an attorney right away. Because personal injury cases involving governmental bodies involve short timelines and more complexities than other cases, you’ll need an attorney to help you sort through the details and determine whether your personal injury case is worth pursuing.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
