What to Do If You’re Injured While Walking on a Sidewalk
Sidewalks provide safe pathways for people walking to work, running errands, or simply enjoying a stroll outside. But sometimes, sidewalks can have cracks, holes, or other dangers. If you get hurt while walking on a sidewalk, you might feel confused or worried about what to do next. You can have broken a bone, sprained your ankle, or hurt your back after tripping on uneven pavement. You may even have cuts or bruises from a fall. These injuries can lead to medical bills, missed work, or other problems. In such situations, a Reading personal injury lawyer can help you understand your legal options and seek compensation for your injuries.
Why Do People Get Hurt on Sidewalks?
You might think of a sidewalk as a safe place, far from the dangers of busy streets. But sidewalks can still have problems. These can include cracks from old age, uneven areas where tree roots push up the cement, slippery spots caused by ice or water, or even loose stones that make walking unsafe. When people trip or slip on these hazards, they can fall hard and get injured.
Sometimes, people get hit by bikes or scooters on sidewalks. While many towns have rules about where bikes or scooters can go, not everyone follows them. You can get hurt if someone riding too fast on the sidewalk bumps into you. Also, workers might leave tools, cords, or signs on the sidewalk. If someone places these objects improperly, you might trip over them. All of these hazards can lead to injuries, which might be minor or major.
Who Is Responsible for Keeping Sidewalks Safe?
This is not always an easy question to answer. In many places, the local government is in charge of public sidewalks, but there are also areas where business owners or homeowners must care for the sidewalk in front of their property. If a sidewalk is part of a store’s property, the owner might be responsible for fixing cracks or clearing snow. If the sidewalk is on city property, the city might need to repair or salt the ice.
You often have to check local laws or rules to figure out who should fix the sidewalk hazard. Some cities have special codes that say, “Property owners must fix cracks over one inch deep,” or “Sidewalks must be free of ice and snow within 24 hours of a storm.” Finding out who is at fault for your injury may require looking into these laws. A premises liability lawyer can step in if things get complicated.
When Should You See a Doctor?
Any time you feel pain or notice an injury after a sidewalk fall, seeing a doctor is a good idea. Even if you only have a small bruise, you cannot always tell if the damage is worse underneath the skin. A doctor can take X-rays or do other tests to find hidden injuries. They can also advise you on how to heal faster, such as using crutches or wearing a brace.
If you delay seeing a doctor, the person or group responsible for the sidewalk might argue that your injuries weren’t serious or came from something else. Going to the doctor soon after you fall shows that you care about your health and are doing what you can to recover. Plus, you will need medical records if you ask for money (compensation) later.
What If the Sidewalk Was Slippery?
Slippery sidewalks are common during winter or after a rainstorm. Ice, snow, and even wet leaves can make walking unsafe. You can hold someone responsible if you fall because the sidewalk was not shoveled or salted. But it depends on local rules. Some cities say that property owners must remove snow within a certain time. Others say the city will handle it. You have to check the rule that applies to your sidewalk.
If the sidewalk was slippery due to something else—like spilled liquids or a leak—you need to find out where it came from. Was a store owner throwing wash water onto the sidewalk? Was there a broken sprinkler that flooded the area? The person who did not fix the problem or warn people might be at fault. Again, pictures and witness statements can make things clearer.
Can You Blame the City for Your Fall?
Cities often have a legal duty to keep sidewalks safe. However, proving the city is at fault can be harder than proving a private person or company is at fault. Special rules or laws may protect the city from being sued easily. Sometimes, you must follow strict steps to file a claim against a government agency. These steps might include telling the city about your injury within a short time, like 30 or 60 days.
The city may refuse to pay for your injuries if you do not follow these rules. If you think the city is responsible, talking to a personal injury attorney who handles claims against government groups is wise.
Why Do You Need Proof of Negligence?
Negligence is a legal term that means someone did not act as carefully as they should have. In a sidewalk injury case, you have to show that the person or group in charge of the sidewalk was negligent. Maybe they knew about a crack but did not fix it. Maybe they were supposed to salt the icy sidewalk but forgot. Or maybe they created a hazard by leaving tools on the sidewalk without warning signs.
If you cannot prove negligence, you will likely not get any compensation. That is why gathering evidence—like photos, medical records, and witness statements—is so important. The more proof you have, the easier it is to show that someone else’s carelessness caused your injury.
What If You Do Not Feel Hurt Right Away?
Some injuries, like muscle strains or concussions, might not immediately show symptoms. You might initially feel okay but start hurting a day or two later. If this happens, you should still see a doctor when you notice pain. Remember that you fell on the sidewalk, likely when you got hurt. Track how the injury affects your daily activities, like walking or lifting.
Even if you did not get medical help right after the fall, you can still seek help later. Just be sure to connect the injury to the sidewalk accident. If there is too much time between the fall and your doctor visit, the other side might claim that something else caused your injury. Explain when the pain began and why you believe it’s connected to the fall.
Do You Need a Lawyer If You Decide to File a Slip and Fall Claim?
Yes, a premises liability attorney can be very helpful. Slip and fall cases can be complicated, especially involving the city. A lawyer knows the rules about proving negligence, filing paperwork, and dealing with insurance companies. They also know how to negotiate a fair settlement. If you try to do it alone, you might miss important deadlines or settle for less money than you need.
Most premises liability lawyers work on a “contingency fee” basis. They only get paid if they win your case or get a settlement. You do not have to pay them upfront. This can make it easier to hire a lawyer if you are worried about costs. Many lawyers offer free consultations if you are unsure you have a strong case. You can ask questions and decide if you want to move forward.
What Kind of Compensation Can You Receive for a Slip and Fall?
You can receive money for various losses if you prove that someone else was at fault for your sidewalk injury. This money is called “damages.” It might include:
- Medical Bills: This can pay you back for doctor visits, hospital stays, medicine, physical therapy, or medical tests. You can sometimes include the cost of future care as well.
- Lost Income: If you cannot work because of your injuries, you might get paid back for your lost money. If your injury prevents you from returning to your old job, you might get additional help.
- Pain and Suffering: This is money for the discomfort, stress, or emotional trouble you went through. Putting a number on this is harder than medical bills, but it can be significant.
- Other Costs: If you had to hire someone to help with chores at home because of your injury or extra travel costs to see a specific doctor, those might be covered, too.
A personal injury lawyer can figure out what your case might be worth. They will examine how your injury affected your life and try to get you the right amount.
How Long Do You Have to File a Lawsuit?
Every state has a deadline called the “statute of limitations.” This is the time limit you have to file a lawsuit. It can range from one year to several years after the accident. If you miss this window, you usually cannot sue, no matter how serious your injuries are.
Also, if your case is against the government (like the city), you might have a much shorter time to file a special notice claim. That notice alerts the city to your injuries, and you plan to seek compensation. Again, a personal injury lawyer can explain these deadlines and ensure everything gets filed on time. Do not wait too long if you want to explore your legal rights.
Is There a Difference Between Trip-and-Fall and Slip-and-Fall?
They both fall under the idea of “premises liability,” which means a property owner can be responsible for injuries on their property due to unsafe conditions. Whether you slip on ice or trip over a crack, the main point is the same: a dangerous condition existed, and you got hurt. The owner (or city) in charge of fixing or warning about that danger can be at fault.
Sometimes, the details differ, such as how easy it is to prove the hazard was visible. If the crack was large and easy to see, the owner might argue you should have noticed it. You might have a stronger case if the ice was black and hard to spot. The key is to show that the property owner knew or should have known about the hazard and did nothing to fix or warn about it.
Do You Need to Worry About Legal Costs?
If you hire a personal injury lawyer on a contingency fee, you usually do not pay anything upfront. If you win or settle the case, the lawyer takes a percentage of the settlement money as their fee. If you lose, you might not owe them any money (although some lawyers will charge for expenses like court filing fees). Talking about fees with any lawyer you meet is important so you know what to expect.
Can a Child or Older Adult File a Claim?
Yes, children and older adults have the same right to safety on sidewalks. If a child is hurt, their parent or guardian might file a claim on their behalf. A family member or legal guardian might step in if an older adult is hurt and cannot handle the claim alone. Keep in mind that there can be special rules about how long a minor or older adult has to file. Again, this is something you might want to ask a lawyer about.
What Happens If the Insurance Company Won’t Pay?
You can file a lawsuit if the insurance company refuses to pay you fairly. This process can be longer and more expensive, but sometimes, it is the only way to get the money you need for medical bills and other damages. Your lawyer will present evidence to a judge or jury, who will decide if the other party is responsible and how much money you should get. If you win, the other side usually has to pay what the court orders. If you lose, you typically get nothing.
Some cases go through mediation or arbitration instead of a full trial. These are ways to settle a dispute without going in front of a judge and jury. They can be faster than a trial, but you usually need both parties to agree. A lawyer can guide you in choosing the best path for your case.
If You Have Been Hurt While Walking on a Sidewalk, Contact a Personal Injury Lawyer
Getting hurt on a sidewalk can be scary and frustrating. You might face medical costs, lost work time, and pain interrupting your daily life. But you do not have to face this alone. By taking the right steps—such as gathering evidence, seeking medical help, and talking to a personal injury attorney—you can protect your rights and seek fair compensation for your injuries.
If you or someone you love has suffered an injury while walking on a sidewalk, do not wait. Contact a personal injury lawyer today to learn more about your options. A personal injury attorney can determine who’s at fault, deal with the insurance companies, and walk you through the legal process. You deserve to walk with peace of mind, knowing that if someone’s carelessness caused your pain, you can move forward and recover.