Sidewalk Accident Attorneys in Encino
Helping Victims Seek Justice in Sidewalk Accident Cases
Whether you’re taking a stroll around your neighborhood, walking to go to work, or busy running errands, you have the right to expect that the Los Angeles sidewalks are safe. You may be entitled to compensation if you’ve been injured due to an uneven or poorly maintained sidewalk in the Encino area. Many injured pedestrians suffer serious harm due to trips and falls on unsafe sidewalks owned by the city. Broken and cracked sidewalks can lead to severe injuries, including broken bones, soft tissue injuries, brain injuries, damaged joints, or spinal cord injuries.
Tracking negligent parties in cases like these can be difficult. The first step is to determine who is liable. The building adjacent to the sidewalk could be public, commercial, or private property. It may be owned or operated by the city, county, or state. With an experienced personal injury attorney, you can go after the responsible party to recover damages.
If you’ve been seriously injured in a sidewalk accident, you deserve compensation for your injuries, pain, and suffering. An experienced sidewalk injury lawyer can help you hold liable parties accountable and seek damages for what you’ve gone through. At V&A Law Firm, we are dedicated to helping our clients get the compensation they deserve. For a free consultation and learn how to move forward to seek compensation, call (818) 369-3270 today.
Understanding Premises Liability Law
Premises liability holds property owners or occupants liable if their negligence leads to injuries on their property. In the context of sidewalks, individuals or businesses may face claims if they fail to address known issues like broken pavement, steep slopes, or deteriorating surfaces. An owner’s duty to warn the public of hazards often extends to installing temporary signage or barriers until repairs are complete. This area of law requires showing that the defendant had control over the property, knew or should have known about the condition, and neglected proper remediation.
What Are Common Causes of Sidewalk Accidents?
Slip-and-fall accidents can happen for a number of reasons and are unfortunately common. However, some circumstances often cause sidewalk accidents.
These circumstances include:
- Overgrown plants. Grass and shrubs should always be trimmed back so they don’t overhang onto the sidewalk. Overgrown plants can disguise cracked and uneven sidewalks, leading to accidents.
- Uneven surfaces. Sidewalk accidents caused by tree roots are unfortunately common. As trees grow and spread their roots underground, they can push up on the sidewalk, causing bumps and cracks. These tripping hazards can easily cause a sidewalk slip-and-fall accident.
- Poor maintenance. Repairing and maintaining uneven sidewalks is typically a homeowner’s responsibility. However, replacing sidewalks can be expensive, and many homeowners neglect this responsibility in favor of saving money.
- Bad weather. Rainy weather can cause sidewalk accidents to occur more often. It is typically the property owner’s responsibility to ensure that sidewalks are safe, even in poor weather. They must be cleared of debris and any uneven walking surfaces corrected.
What Kind of Injuries Are Common in Sidewalk Accidents?
Sidewalk accident injuries vary widely but are often due to tree roots leading to raised or sunken areas. Some injuries are common in sidewalk accident cases.
These injuries include:
- Broken bones: Sidewalk falls frequently cause fractures, particularly in wrists, ankles, and hips. These injuries often result from the impact of bracing oneself during a fall or landing awkwardly on hard pavement, requiring immobilization, surgery, or prolonged rehabilitation to heal fully.
- Bodily injuries, like bruises, contusions, and cuts: Sidewalk accidents commonly lead to bruising, abrasions, and deep lacerations from hitting rough or sharp surfaces. Though typically less severe, these injuries can be painful and risk infection. They may require stitches, ongoing wound care, or medication to manage symptoms.
- Traumatic brain injuries: A sudden fall onto concrete or asphalt can cause concussions and traumatic brain injuries (TBI), leading to symptoms like headaches, confusion, memory loss, dizziness, or mood changes. A severe brain injury can result in long-term cognitive impairment, require extensive rehabilitation, and often involves significant lifestyle adjustments.
- Neck and shoulder injuries: Landing forcefully or awkwardly during a sidewalk fall often injures the neck and shoulder regions. Strains, sprains, rotator cuff tears, or whiplash-type injuries can cause ongoing pain and limited range of motion and necessitate extended physical therapy or surgical intervention to recover functionality.
- Spinal cord injuries: Serious falls may cause spinal cord trauma, such as herniated discs or vertebral fractures. These injuries can significantly impact mobility, sensation, and overall function. Extensive medical treatment, rehabilitation, and sometimes lifelong adjustments to daily living are often required after such spinal injuries.
- Wrongful death: Tragically, severe sidewalk accidents sometimes prove fatal, particularly for elderly or vulnerable individuals. Fatal injuries may result from traumatic head impacts, spinal injuries, or severe internal damage, leaving surviving family members facing devastating emotional, financial, and practical consequences that necessitate compassionate legal guidance.
Investigating a Sidewalk Accident Scene
An in-depth examination of the site can make or break a legal claim.
- Photographic Evidence: Clear images capturing cracks, uneven slabs, and other defects demonstrate the nature of the hazard.
- Measurements: Precise dimensions of height differentials or gaps help illustrate code violations.
- Environmental Factors: Water accumulation or debris that aggravates sidewalk defects can illuminate broader maintenance issues.
- Property Boundaries: Determining exact lines clarifies who is responsible for upkeep.
Sidewalk accidents can also cause damages that aren’t physical, like damaged property or mental anguish. If you’ve been injured or damaged in some way after a sidewalk accident, don’t hesitate to reach out to our experienced team for help.
What Should I Do After a Sidewalk Accident?
Being injured in a sidewalk accident can be frightening, and many people aren’t sure what to do right after. Several key steps can help build a case against the negligent party.
If you are injured, be sure to:
Seek Medical Attention
If you’ve been injured in a sidewalk accident, seeking medical attention at once is essential. Even if you believe your injuries are not serious, you could still have underlying personal injuries you don’t know about. A serious injury could take days or even weeks to show symptoms, so it’s best to undergo a medical assessment as soon as possible.
Record Any Medical Expenses
Keep a running record of any medical expenses, including hospital visits, doctor’s appointments, or physical therapy appointments. A record of how much you spent on each visit will help you seek damages later on and also prove how much your sidewalk accident injuries have cost you monetarily.
Record Lost Wages
As you recover, record any lost earning potential you may be going through. If you’ve had to miss work or you lost your job because of your injuries, make a note of that. This will help our sidewalk accident lawyer prove your pain and suffering.
Contact a Sidewalk Accident Lawyer in Encino
Proving negligence for an uneven sidewalk injury case may prove to be very challenging. Going after homeowners or a public utility company without legal counsel can be difficult and may not be the best way to pursue full compensation. As soon as possible, contact our sidewalk accident attorney to start building your case and seeking damages for your sidewalk injuries and other damages, including pain and suffering.
Understanding Premises Liability Law
Premises liability holds property owners or occupants liable if their negligence leads to injuries on their property. In the context of sidewalks, individuals or businesses may face claims if they fail to address known issues like broken pavement, steep slopes, or deteriorating surfaces. An owner’s duty to warn the public of hazards often extends to installing temporary signage or barriers until repairs are complete. This area of law requires showing that the defendant had control over the property, knew or should have known about the condition, and neglected proper remediation.
Who is Liable in a Sidewalk Accident?
Determining liability in a sidewalk accident case is the first step to seeking compensation for damages. The responsible party could be a property owner, manager, or a governmental agency. In most cases, the city or town you reside in is responsible for monitoring and reporting sidewalk issues. Still, the property owner is responsible for repairing their sidewalks promptly. Many homeowners neglect this responsibility because of the high cost of sidewalk repair. However, if the building adjacent to the sidewalk is owned or maintained by the city or state, then it’s that municipality’s responsibility to repair the sidewalks. Similarly, if the building or area is public property, then the Los Angeles sidewalks are likely the responsibility of the public utility company.
Finding a party liable for a defective sidewalk can be time-consuming, which is why having a personal injury attorney on your side is crucial. Our experienced personal injury lawyers will help you track down the liable party and demand the compensation you deserve.
Importance of Witness Testimonies
Statements from bystanders or nearby residents can confirm how long a sidewalk defect existed, whether warning signs were present, and how the accident occurred. Witnesses may also note if the victim was acting reasonably before the fall. When municipal defendants claim ignorance of a walkway’s condition, credible witness accounts demonstrating ongoing neglect often strengthen a plaintiff’s argument. These testimonies can form critical pieces of evidence during settlement discussions or at trial.
Time Limits for Filing a Sidewalk Accident Claim
California’s statute of limitations for personal injury actions allows two years from the date of injury to file a lawsuit. However, claims involving government entities may require a formal notice of claim within six months. Missing a key deadline can bar your ability to be compensated entirely. Consulting with an attorney ensures awareness of the relevant timeline and helps preserve the right to seek damages.
What Kind of Compensation Can I Receive?
Pedestrian accident victims can receive compensation for any injuries they’ve received. The amount and type of payment you can get depends on the nature of your accident and any sustained injuries. However, there are some common types of damages that you can request as an injured party.
These damages may include:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional damages
- Damaged property
- Wrongful death
In any of these instances, the negligent party would be liable for damages. Having a sidewalk accident lawyer on your side will help you prove dangerous conditions to get the maximum payout.
Frequently Asked Questions About Sidewalk Accident Cases
Who is liable for sidewalk accidents on private property?
Owners or occupiers often bear legal responsibility if they control the property and fail to fix or warn against hazards. Proving this usually involves showing they knew or should have known about the dangerous condition.
What evidence is most helpful in a sidewalk accident claim?
Photographs of the defect, accurate measurements, medical reports linking injuries to the fall, and witness testimonies all help establish liability and document damages.
Can I file a claim against a government entity?
Yes. Public entities can be liable if they caused or knew about a hazardous condition and did not remedy it. Strict filing deadlines for formal notices apply to these cases.
Are sidewalk injury claims typically settled out of court?
Many such claims are resolved through negotiation or mediation, especially when liability is clear. However, a settlement’s success often depends on robust evidence and thorough legal representation.
Does weather impact liability in sidewalk accidents?
Rain, ice, or other weather conditions may influence whether a hazard is deemed foreseeable or if responsible parties took appropriate steps to minimize risk. Weather alone does not absolve all liability but can complicate fault analysis.
Individuals harmed in a sidewalk accident can seek legal recourse to cover medical bills, lost income, and pain and suffering. An experienced lawyer in Encino can guide clients from initial investigation through resolution, ensuring that vital evidence is gathered, and deadlines are met.
How Can a Sidewalk Accident Lawyer Help Me?
After a pedestrian accident, the last thing you want to do is track down homeowners or go through the city to recover compensation. These liable parties often try to give you the minimum payout or even nothing at all. Our team of sidewalk injury attorneys will review your legal options and assist with your personal injury case so you can focus on resting and recovering from your sidewalk injuries.
Please don’t feel like you have to go through this trying time alone. Call V&A Law Firm at 818-369-3270 for a free case evaluation. Our sidewalk accident attorneys are dedicated to providing personalized, supportive legal help so you can seek compensation for what you’ve gone through.