Sidewalk Accidents in Philadelphia

Injured in a Sidewalk Accident in Philadelphia? Recover Maximum Compensation With Legal Help

Severe injuries can result from slipping, tripping or walking in a sidewalk accident. Philadelphia sidewalks present risks which can foreseeably lead to major injuries. Uneven pavement, slick surfaces and melting snow all make walking down a Philadelphia sidewalk a risky proposition. When a sidewalk accident occurs on someone else’s property there is a possibility that the property owner or operator is responsible for your injuries. 

However, proving that another person is at fault for your injuries is not simple. There are challenges associated with sidewalk accidents in Philadelphia which begin with determining who, if anyone, is at fault for your injuries. Anthony C. Gagliano, III, Esquire, P.C. serves clients who are injured in sidewalk accidents in Philadelphia. Recovering maximum compensation for injuries, lost wages and other damages begins with a phone call to our office. 

We can arrange a free of charge consultation with one of our experienced sidewalk accident attorneys. When you are dealing with the aftermath of a sidewalk accident you do not have any time to spare. Rather, now is the opportunity to speak with an attorney who has helped people in your circumstances recover their life and win compensation for their injuries. Our team fights for your rights and works to hold responsible the person who caused your injuries. 

How Can an Attorney With Anthony C. Gagliano, III, Esquire, P.C. Help You After a Sidewalk Accident?

Sidewalk accidents can impact your life dramatically. Finding yourself injured after falling, tripping or slipping on a sidewalk puts you in a position where you need to start making decisions for yourself. Consider that injuries suffered in a sidewalk accident are only the tip of the iceberg for an insurance claim or legal case. Lost wages, pain and suffering and emotional distress may all have impacted your life in varying degrees. Coming up with a plan to recover those damages is what separates an OK plan from a great plan.

 Anthony C. Gagliano, III, Esquire, P.C. focuses on helping clients hold negligent parties responsible for their bad actions. Any party who is potentially liable for your injuries should be brought into your injury claim and made to account for their actions/inaction. We investigate each of our client’s circumstances thoroughly. This way we can ensure that every option and avenue for damages recovery has been explored on your behalf. 

When you hire our office to represent you in a sidewalk accident case here are some reasonable expectations for you to have. Once our office has conducted a comprehensive investigation into the circumstances of your sidewalk accident, we will then take steps to file claims against any party who appears to be at fault based on the available evidence. 

Next, our team will determine what damages you should pursue in your claim. Ultimately it is your decision as to what options you choose in a personal injury claim or legal case. However, our team of experienced sidewalk accident lawyers works together with you on understanding your case. From there, we empower you to make decisions that you believe are in your best interests. 

Negotiating With an Insurance Company Takes Skill and Experience

Contrary to what many people injured in sidewalk accidents believe, it is an insurance company that you will pursue for damages first. Only after you are not able to settle your claim would you file a personal injury lawsuit against any party who is at-fault for having caused the sidewalk accident. If you have never negotiated with an insurance company before this puts you at a major disadvantage. However, having the experience of Anthony C. Gagliano, III, Esquire, P.C. by your side is a great equalizer at any phase of your case.

Being well-organized and intentional while negotiating is critically important. Organization begins with understanding what your injuries are and how they impact your life. It is also necessary for you to show how the sidewalk accident led to those injuries. Especially if you have a pre-existing condition or injury, it becomes more difficult to show that the sidewalk accident was the predominant or only cause of that injury. 

Intentionality when negotiating means having a focus on what matters most to you. Every action you take, each step in the negotiation process requires that you identify why you are asking for a certain amount of money. Losing in a negotiation means getting sidetracked or failing to sufficiently focus. Instead of risking the compensation you deserve, contact Anthony C. Gagliano, III, Esquire, P.C. today. Our team of legal professionals knows that negotiating well is equal parts preparation and intentionality.

What Causes Sidewalk Accidents in Philadelphia? 

Many sidewalks in and around Philadelphia are quite old. Older sidewalks tend to break down and develop cracks. These cracks can create uneven surfaces that are dangerous if you do not pick up your feet sufficiently while walking. Even if you are paying close attention to your walking injuries may still occur if you are unable to avoid walking into a raised portion of the sidewalk. For the same reason, roots from large trees can grow beneath a sidewalk and create an uneven walking surface. 

Next, consider that melting snow or ice can create slick walking surfaces. In colder months in Philadelphia, the snow may be in various stages of falling or melting at any given time. As more people walk over the slick sidewalk it creates warmth which further melts the snow. By the end of the day in each area you may find that the sidewalk is incredibly moist and slick. Business operators and property owners may have a duty to maintain the safety of a sidewalk in front of their business. 

Finally, some sidewalk accidents in Philadelphia occur due to an incomplete or ineffective attempt to repair a broken sidewalk. Large cracks or gaps in sidewalks are dangerous enough as they are. However, consider that a city or other municipality in charge of sidewalk repairs could make a bad situation even worse. Failing to complete the sidewalk fix can further damage the sidewalk surface making injuries more possible. 

How Can You Prove That a Property Owner is Responsible for Your Sidewalk Accident?

Your objective in a property claim or trial is a determination that the property owner was negligent in causing your sidewalk accident. Simply put, negligence is the failure to act with reasonable care. First, did the property owner owe you a duty of care? As in- did the property owner owe you, specifically, a duty to maintain the sidewalk and ensure your safe passage across it? If so, then you have established the first portion of the negligence test. 

Second, was that duty of care breached? A breach in the duty of care means that the property owner did not uphold their responsibility to you as far as maintaining the safety of the sidewalk. The breach in the duty of care may have occurred over time as substantial cracks developed in the sidewalk. Or the breach could have been a result of not clearing away melting snow quickly enough. 

Next, it needs to be determined that the breach in the duty of care was the cause of your injuries. Proving causation, as it is known in the legal world, is challenging. For example, you may have an x-ray which shows you broke your left arm on the same day you suffered the sidewalk accident. What you must be able to do is show that the fall on the sidewalk was the event that broke your arm. Rest assured, an insurance company or defense attorney will be working to try and show that another factor caused your injury. 

Finally, it must be answered whether you suffered damages because of the sidewalk accident. Damages could be medical bills, lost wages, or pain and suffering. Being able to prove damages in your personal injury claim remains a major factor in the case. Totaling up your damages and then proving the legitimacy of them is an area of your case where Anthony C. Gagliano, III, Esquire, P.C. excels. We prepare diligently to help clients put forth their best case for damages at both negotiation and trial phases. 

What if Your Sidewalk Accident Took Place on a Government-Owned Sidewalk?

As we have discussed it is difficult to prove causation when it comes to a property owner having caused your injuries in a sidewalk accident. There is a series of steps that you must go through to prove liability on the part of the property owner. It can also be challenging to prove liability on the part of a government agency when your sidewalk accident occurred on a sidewalk owned by the city of Philadelphia or any municipal government. 

Additional requirements exist when you have a governmental entity which is potentially responsible for your injuries. First, there is a limited amount of time with which you must file a claim against the City of Philadelphia. Preserving your right to be compensated for your injuries means identifying this time limit and acting in a responsive manner. Waiting around and missing the deadline to file a claim means that you have potentially missed out collecting damages of any kind. 

Making the Case for Maximum Compensation After a Sidewalk Accident 

Sidewalk accidents in Philadelphia can put you in a difficult position when it comes to your health and your work. Being injured in a sidewalk accident means seeking appropriate medical care in response to your injuries. On top of your injuries there may be time spent away from work to attend doctors’ visits or simply because you are unable to perform work duties due to your physical problems. In short, you must identify all the ways that the sidewalk accident has impacted your life. 

Pain and suffering relate to the physical toll that the sidewalk accident took on you, physically. How badly are you hurt and what has the residual pain been like in the days, weeks and months following the accident? Pain and suffering are notoriously difficult to prove in certain circumstances. Having an experienced attorney on your side can help you to better communicate your suffering to an insurance adjuster or jury. 

Another source for compensation after a sidewalk accident is the lost income and future earning potential you suffered in the sidewalk fall. Suppose the work you do requires you to be able to stay on your feet for extended periods and utilize your arms for heavy lifting. A significant back injury could both prevent you from working and cause you to lose wages in the future. Sometimes more physically intensive work is more lucrative from an income perspective than work that is less demanding physically. 

Representing clients injured in sidewalk accidents in Philadelphia, Anthony C. Gagliano, III, Esquire, P.C. is prepared to work on your behalf to secure the compensation you deserve.

Work With the Best in Your Philadelphia Sidewalk Accident Case

After a sidewalk accident where you are injured, it is normal to have more questions than answers. Ultimately,  you just want to make sure that you are getting cared for the right way. Many injured Philadelphians get the impression that insurance companies do not act in good faith during claim negotiations. Whether it be failing to accept liability in a timely manner or severely underrating the severity of your injuries, insurance companies are known for making life difficult for well-meaning individuals like yourself. 

Instead of wondering whether you are getting taken advantage of by an insurance company, why not reach out to an attorney who has your best interests at heart. Anthony C. Gagliano, III, Esquire, P.C. works alongside you to win maximum compensation for your injuries, lost wages as well as pain and suffering. Review your case with our team of legal professionals to find out how to proceed with confidence into your claim. Learning your legal options prepares you to make decisions which are focused on the goals most important to you.