Slip and fall accidents are the most common type of incident that results in injury across the nation. The injuries that result range from minor bruises and sprained ankles to broken bones and even disability or death. Often, these accidents are caused by issues like snow and ice, oil, gravel or even crumbling pavement.
If someone was responsible for maintaining the sidewalk, the person injured can sue to collect damages to cover their injuries. Learn how to determine liability when you slip and fall on a sidewalk in public and why a Odessa premises liability attorney can be vital to getting compensation.
Who Is Responsible?
If you’re seeking damages in a personal injury claim, there has to be someone liable for the accident. This means that negligence played a role somewhere. You can’t sue someone else, for example, if you trip over your own feet. If on the other hand, there was a major crack in the pavement that hadn’t been repaired or a slick patch of ice that wasn’t addressed, someone may be at fault.
Negligence means someone held responsibility for keeping the sidewalk clear and free from hazards and failed in that duty. It also means that this failure led directly to your accident and injury. That’s the key to any personal injury claim—someone was negligent.
Building Owner, Tenant or City?
If you did slip due to a condition that should’ve been addressed, the next step is to determine who was at fault. Who was it that held responsibility for maintaining the sidewalk? If it was a public park or municipal building, the city may be responsible. If it’s a business, the business owner might hold that responsibility. If it’s a residential building, the building owner or even the tenants could be responsible.
Filing a Lawsuit
You can collect a number of damages from a personal injury, starting with all of your medical bills related to the accident including procedures, doctor’s visits, medication, therapy and even transport. You can also recover lost wages and potential future earnings you miss out on. You can get pain and suffering, compensation for lost quality of life, and emotional damages.
The trick is filing the lawsuit. These suits can get very complex, especially if you’re trying to sue the local municipality, which will have special rules and potential limits what you can recover. There could be deadlines for when you can file to notify the city of your intent. They could even have immunity from certain suits.
Calling a Personal Injury Attorney
You’ll need help to know which steps to take and when in your slip and fall case. That’s why you should always talk with a premises liability attorney. An attorney can advise you on whether you have a case and what to do next and can make sure your rights are protected every step of the way. Best of all, good attorneys won’t charge you for your consultation or indeed for any fees unless you win your case. That means you have nothing to lose and everything to gain. If you’re in West Texas and need help with an injury suit, contact Braker White for help today.
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