New York Sidewalk Injury Lawyers

Hurt on a Sidewalk? Get Help from a New York Injury Lawyer

If you’ve been injured in a sidewalk accident in New York City, you may be entitled to compensation. Sidewalk hazards like potholes, uneven surfaces, or slippery conditions can lead to serious injuries. An experienced sidewalk accident attorney in NYC can help you navigate the legal process and fight for the compensation you deserve.

The sidewalk accident attorneys at Hecht, Kleeger & Damashek, P.C. understand premises liability law, as well as relevant New York City administrative codes (including NYC Admin. Codes 7-210 and 19-152), that apply to your case. Our NYC premises liability attorneys will use this knowledge to build a strong argument for you to get the money you need for your damages.

Understanding Sidewalk Injuries in New York

A sidewalk injury occurs when someone is injured due to a dangerous condition on a sidewalk. They are often caused by negligence of a property owner, construction company, maintenance company, government entity, or other responsible party.

Common Causes of Sidewalk Injuries

There are many potential causes of sidewalk injuries, including:

• Uneven pavement
• Poorly maintained sidewalks
• Snow and ice
• Construction debris
• Potholes
• Slippery surfaces

Regardless of what caused your slip and fall on a sidewalk in NYC, you should seek help from a lawyer who can help you prove negligence and get compensation.

Who Can Be Held Liable for a Sidewalk Injury?

In New York City, property owners are responsible for maintaining the sidewalks adjacent to their property. This means that they are liable for injuries caused by dangerous conditions on their sidewalks. However, there are exceptions to this rule, and the specific circumstances of each case can influence who is responsible.

Here are some other parties who may be liable for your fall on a sidewalk:

• Municipal Responsibility: In certain cases, the city may be responsible for sidewalk maintenance, especially in public areas or high-traffic areas. These cases can be challenging to handle on your own.
• Contractors or Construction Companies: If a contractor or construction company is performing work near a sidewalk and their actions create a dangerous condition, they may be liable for injuries.
• Utility Companies: If a utility company has excavated near a sidewalk and failed to properly restore it, they may be liable for injuries caused by the resulting dangerous condition.
• Other Third Parties: If a third party, such as a business or individual, has placed debris or obstructions on a sidewalk that cause injuries, they may be liable.

Proving Negligence in Sidewalk Injury Accidents

To successfully prove negligence in a sidewalk injury case, you must establish four elements:

1. Duty of Care: The defendant had a legal duty to exercise reasonable care in maintaining the sidewalk. This duty is generally placed on property owners, but other parties may also have a duty.
2. Breach of Duty: The defendant breached their duty by failing to act as a reasonably prudent person would under the circumstances. This means that they did not take reasonable steps to identify and correct dangerous conditions on the sidewalk.
3. Causation: The defendant’s breach of duty was the direct and proximate cause of the plaintiff’s injuries. This means that the defendant’s negligence was a substantial factor in causing the accident and resulting injuries.
4. Damages: The plaintiff suffered actual damages because of the injury. This includes medical expenses, lost wages, pain and suffering, and other losses.

Injuries Caused By Sidewalk Accidents

Sidewalk accidents can result in a wide range of injuries, depending on the nature of the hazard and the circumstances of the fall.

Here are some common types of injuries:

• Fractures: Broken bones are a common result of sidewalk accidents, especially falls from a height or impacts with hard objects. Fractures can occur in any part of the body, but they are particularly common in the wrists, ankles, and hips.
• Sprains and Strains: Sprains and strains are injuries to ligaments and tendons, respectively. They can occur when a joint is twisted or overextended, often because of a fall.
• Head Injuries: Falls onto hard surfaces can cause serious head injuries, including concussions, traumatic brain injuries, and skull fractures.
• Spinal Injuries: Injuries to the spine can be particularly devastating, as they can lead to paralysis or other long-term disabilities. Spinal cord injuries can occur when the spine is fractured or dislocated.
• Soft Tissue Injuries: Sidewalk accidents can also cause soft tissue injuries, such as bruises, cuts, and lacerations.

Long-Term Consequences of Sidewalk Accident Injuries

It’s important to note that even seemingly minor injuries from a sidewalk accident can have long-lasting consequences, including:

• Chronic Pain: Injuries such as fractures, sprains, and soft tissue damage can lead to chronic pain that may persist for years or even a lifetime.
• Limited Mobility: Some injuries, particularly those involving the spine or joints, can result in limited mobility and difficulty performing daily activities.
• Disability: In severe cases, sidewalk injuries can lead to permanent disability, requiring ongoing medical care and assistive devices.
• Anxiety and Depression: The physical and emotional pain associated with sidewalk injuries can contribute to anxiety and depression. These conditions can affect a person’s quality of life and relationships.
• Medical Expenses: Sidewalk injuries often require extensive medical treatment, including surgery, rehabilitation, and ongoing care. These expenses can be substantial and can lead to financial hardship.
• Lost Wages: If an injury prevents a person from working, they may experience significant financial losses due to lost wages and benefits.
• Future Earnings Potential: Injuries can also impact a person’s future earning potential, particularly if they result in a permanent disability or limit their ability to work in certain professions.

Steps to Take After a Sidewalk Injury in NYC

If you or a loved one has been injured in a sidewalk accident, it’s important to act quickly. You need to protect your rights and ensure that your injuries are properly treated.

Here are the steps you should take:

1. Seek medical attention. Call 911 or go to the doctor or urgent care right away.
2. Document the scene. Take photos and videos of the sidewalk and visible hazards.
3. Get witness information. If there were any witnesses to the accident, collect their contact information.
4. Contact a Lawyer. An NYC sidewalk accident lawyer can help you understand your rights and options.
5. File an insurance claim or lawsuit. Your attorney can help you get the compensation you deserve.

Compensation for Sidewalk Injuries in NYC

If you’ve been injured in a sidewalk accident, you may be entitled to compensation for various types of damages. You can seek economic and non-economic damages.

Economic damages are the out-of-pocket expenses you have to pay after an accident, like medical bills or damaged property. Non-economic losses are conceptual damages inflicted by your injuries, like pain and suffering.

Other possible damages include:

• Lost wages
• Lost earning potential
• Long-term care
• Disability
• Disfigurement
• Property damage

Filing a Sidewalk Injury Lawsuit in New York

Filing a lawsuit against responsible parties in a sidewalk accident involves several key steps:

1. Consult a Lawyer: A New York City premises liability lawyer can assess your case, gather evidence, and advise you on the best course of action.
2. File a Complaint: Your lawyer will draft a complaint, a legal document that outlines the details of the accident, the injuries suffered, and the damages sought.
3. Serve the Defendant: The complaint must be served on the defendant or their representative. This means formally notifying them of the lawsuit.
4. Discovery Phase: During the discovery phase, both sides gather information and evidence related to the case. This may involve interrogatories, depositions, and requests for documents.
5. Negotiation and Settlement: In many cases, the parties involved will attempt to negotiate a settlement to resolve the case without going to trial.
6. Trial: If a settlement cannot be reached, the case will proceed to trial. A judge or jury will determine whether the defendant is liable and the amount of damages to be awarded.

Importance of Acting Quickly: Statute of Limitations

New York has a statute of limitations, which sets a time limit for filing a lawsuit. For personal injury cases in New York, the statute of limitations is typically three years from the date of the accident.

If you fail to file your lawsuit within this time period, you may lose your right to recover compensation.

FAQs About Sidewalk Injuries in New York

What Should I Do if I Don’t Know Who is Responsible for My Sidewalk Injury?

If you don’t know who should have maintained the sidewalk that caused your injury, that is something that your personal injury lawyer can help with. Their investigation will identify liable parties.

How Long Does it Take to Resolve a Sidewalk Injury Claim in NYC?

The timeline for resolving a sidewalk injury claim can vary depending on the complexity of the case, the severity of the injuries, and whether the case goes to trial. Your lawyer can provide a more specific estimate based on the details of your situation.

What types of evidence are crucial in proving a sidewalk injury claim?

Key evidence includes photos of the accident scene, witness statements, medical records, and any documentation showing the property owner’s failure to maintain the sidewalk properly.

Are there any specific challenges when filing a sidewalk injury lawsuit against the city of New York?

Yes, lawsuits against the city involve additional challenges, such as strict notice requirements and shorter deadlines. An attorney familiar with municipal liability can help ensure all procedures are properly followed.

How can a lawyer help me after a sidewalk accident?

Sidewalk accidents can be traumatic and stressful. An attorney can guide you through making an insurance claim and filing a lawsuit, if necessary. They are skilled at negotiating fair settlements and taking cases to trial if a settlement isn’t possible.

Call a New York Sidewalk Injury Lawyer Now

Hecht, Kleeger & Damashek, P.C. have extensive experience handling complex sidewalk injury cases. We are committed to helping victims secure the compensation they deserve.

Call us today at (212) 490-5700 to discuss your case with a lead sidewalk injury lawyer in NYC.

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