Let a Philadelphia Sidewalk Accident Lawyer Help After a Slip and Fall
Tripping and falling on a sidewalk is a serious matter. In Pennsylvania, the property owner of the sidewalk is typically responsible for maintaining the area where you were injured. This means that a homeowner, municipality, or business may be responsible for the injuries you sustained after a sidewalk slip and fall. When the property owner or municipality fails to maintain the sidewalk properly, holding that party responsible for your injuries is critical.
Anthony C. Gagliano, III, Esquire, P.C., is a Philadelphia slip and fall lawyer who knows how to advocate for your rights. When a property owner or municipality fails to maintain the safety of their sidewalk, severe injuries may occur. Was it a dangerous hazard that was not fixed in a timely manner?
Many conditions on or near a sidewalk end up being dangerous. However, when these hazards are difficult to notice, proving liability becomes challenging. Financial losses, as well as pain and suffering, are among the most significant negative impacts of a slip and fall accident. Contact us today for more information about how we can assist you.
How to Determine Liability after a Sidewalk Slip and Fall
First, determining whether the property owner or municipality had knowledge of the hazardous sidewalk is important to decide on. Similarly, if the property owner or municipality did not have knowledge – should they have? Sidewalks need regular inspection. Tree roots, as an example, cause sidewalks to become uneven, where individual slabs of concrete can move and create dangerous walking surfaces.
The status of the sidewalk at the time of your slip and fall must be examined closely when determining liability. Many times, a sidewalk can have ice, debris, or cracked surfaces, which lead to treacherous walking surfaces. How well maintained the sidewalk was at the time of you tripping and falling is a key question in the liability analysis.
Finally, you need to determine who is responsible for the sidewalk and the area surrounding the sidewalk. This is an oftentimes difficult question to answer. Researching the appropriate party to file an insurance claim or lawsuit against takes time. Mistakes made in determining the correct party to pursue a claim against can set your case back considerably. Anthony C. Gagliano, III, Esquire, P.C., has the experience to make the correct determination on liability the first time around.
Holding a Municipality Responsible for Your Injuries in a Sidewalk Trip and Fall
The key to holding a municipality responsible for causing your injuries in a sidewalk trip and fall is understanding the circumstances of your case, forwards and backwards. Whether the sidewalk is on public property matters when looking at liability.
If the sidewalk is on publicly owned property then a municipality, such as a city, county or state of Pennsylvania, then that public entity must maintain the sidewalk. However, there are specific requirements that must be met in order to file a lawsuit against a municipality. This means that having a thorough knowledge of the steps in filing an insurance claim or lawsuit is absolutely necessary. When you make a mistake at this stage of your case, it can cause delays that cost money and time.
Compensation Available after a Slip and Fall in Philadelphia
There are a variety of different types of damages that may be possible for you to recover after being injured in a sidewalk trip and fall. However, these damages are not automatically given to you. Rather, you need a plan to seek the compensation you deserve. What’s more, you do not have an unlimited amount of time to advocate your positions, prove liability, and earn this compensation.
Economic damages cover “bills” and other financial costs that have a specific value. For example, if you needed to go to an emergency room, orthopedic surgeon, and physical therapist after your trip and fall, then the value of these bills can be recovered in the form of economic damages. It is critical that you keep medical bills organized so they can be presented to an insurance company for payment during settlement negotiations.
Next, non-economic damages are more difficult to calculate than economic damages but are nonetheless important. Non-economic damages cover pain and suffering, a reduced quality of life as well as emotional distress associated with your sidewalk accident. While it is not as simple to place a dollar value on these items, having an experienced Philadelphia slip and fall lawyer on your side allows you to argue more convincingly for these damages.
Finally, punitive damages are those that are awarded in cases where a property owner or municipality acted in an especially egregious manner or showcased extreme negligence. We can help you identify whether punitive damages are possible in your case.
Contact a Philadelphia Slip and Fall Lawyer to Develop a Winning Strategy after a Sidewalk Accident
Don’t fight an insurance company alone. When you need help advocating for your rights, contact Anthony C. Gagliano, III, Esquire, P.C. We fight for the rights of our clients with preparation and experience. Allow our team of legal professionals to serve you. We offer free consultations for people injured in sidewalk slip and fall accidents. When you need justice for your injuries – reach out to a slip and fall attorney who puts the interests of their clients first.