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Trip and Fall on Uneven Pavements: Legal Guide for New York

Trip and Fall on Uneven Pavements: Legal Guide for New York

Trip and Fall Accident on Uneven Pavement? Get the Compensation You Deserve

Trip and fall accidents on uneven pavement on Long Island are more common than many people realize. These incidents usually occur when the pavement is uneven, causing pedestrians to trip and injure themselves. On LI, some sidewalks are maintained by municipalities; others may be the homeowner’s or landowner’s responsibility. When they fail to maintain them properly, injuries can result. These types of injuries can lead to serious injuries, pain and suffering, medical bills, lost wages, and other problems for the victim.

Trip and Fall Cases: Duty of Care

New York has laws governing who is responsible for keeping pavements safe. The responsible party has a duty of care to ensure the sidewalk and pavement on their property is safe for pedestrians. They can be held legally responsible for any accidents that happen because of their failure to maintain the property in a safe condition, leading to the accident that caused the injuries.

It is also important to understand that the rules in New York might differ depending on where you fell. For example, different rules may apply if you fall on a public sidewalk versus a private parking lot. Also, if someone was invited onto the property, they are owed a duty of care different from that of a trespasser. Our lawyers understand these legal differences and can help guide you in seeking compensation for your injuries.

Proving Liability in Uneven Pavement Accidents

To win a trip and fall case, you must prove that someone else was responsible for your fall. This means showing that the property owner, or the municipality, knew or should have known about the uneven pavement and failed to fix it in a timely manner.

Photographs of where you fell can be very helpful. They can show the condition of the pavement at the time of your accident. Witness statements can also support your case. If someone saw you fall, or if others have tripped in the same spot, their testimony can help demonstrate that you were in fact injured in that location.

In certain cases, we may use experts to help prove your case. They can assess and explain how the uneven pavement was dangerous, did not comply with standards, and why it should have been fixed. Our team will work with you to gather the evidence needed to support your case and help you get the justice you deserve.

Challenges in Trip and Fall Lawsuits

Trip and fall cases can be complicated. One challenge is the idea of comparative liability. This means that in some situations, both the person who fell and the property owner may be partly responsible. For example, if a person was texting while walking and not paying attention, they may be found partially at fault for their injuries.

In New York, if you are found partly at fault, it could impact your recovery even if you have a judgment in your favor.

Another issue many people are unaware of are statutes of limitations. In New York, you have three years to start your lawsuit after you fall. If you fail to file within this time period, you may be barred from seeking compensation.

Note that where a municipality is involved, you typically have 90 days to file a Notice of Claim with the municipality, putting them on notice. If you fail to do this, you cannot bring an action against that party. Additionally, your statute of limitations to commence an action is one year 90 days, shorter than the normal three year statute of limitations in a negligence case.

Compensation in Trip and Fall Cases on Long Island

Compensation for trip and fall cases typically includes both economic and non-economical factors. In New York, you can recover for economical losses, such as medical bills and lost wages. Non-economic compensation may include pain, emotional distress, loss of consortium and loss of enjoyment of life.

The amount of compensation depends on a variety of factors, including the seriousness of your injuries and how the accident impacted your life. Calculating this compensation can be complex and is subject to the opinions of a jury or judge, and every case is different.

In New York, the law considers not only your current losses, but also future losses as well. This award may include ongoing medical treatment, future surgeries, or therapy. It may also provide for future lost wages if you are unable to continue working within your career or industry.

We must emphasize that each case is unique. The amount and type of compensation you may receive can vary greatly. We take the time to understand every aspect of your situation to fight for the maximum compensation you deserve. Our goal is to help you recover financially so you can focus on healing physically and emotionally.

Contact the Law Office of Frank J. Cassisi, P.C. to Discuss Your Trip and Fall Lawsuit

If you have been injured in a trip and fall accident on uneven pavement, speaking with an experienced attorney who understands these types of pedestrian accidents is essential. At the Law Office of Frank J. Cassisi, P.C., we have experience handling these cases and are ready to help you.

You can reach us by calling (516) 294 5050 or submitting a form on our website to schedule a consultation. During this consultation, we will listen to you, answer your questions, and explain how we can help.

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