Can You File A Lawsuit If You Fall On An Uneven Public Sidewalk In New Jersey?
Trip and falls can lead to serious injuries. A negligent business or property owner can potentially be held legally liable for a victim’s fall accident injuries through a premises liability claim. This raises an important question: What happens if you fall on an uneven public sidewalk?
You may still have a claim—but these cases are especially complicated. Here, our Monmouth County trip and fall accident lawyer explains the most important things you should know about filing a claim for an uneven sidewalk fall in New Jersey.
The New Jersey Tort Claims Act Allows Injured Victims to Sue Government Entities
To start, it is important to understand that government entities in New Jersey—the state, state agencies, municipalities, etc—have sovereign immunity. In effect, this means that they cannot be sued unless they give their consent to the legal claim. There is good news: The New Jersey Tort Claims Act clearly and straightforwardly allows injured victims to have dangerous conditions on property if the entity had “actual or constructive notice” of the condition. The government entity, agency or municipality responsible for the sidewalk may be liable.
Special Rules Apply: 90 Days to File a Notice of Claim
The standard statute of limitations is not the only deadline in a personal injury claim against a government entity. You have very limited time to start your case. Under the New Jersey Tort Claims Act, a Notice of Claim must be filed within 90 days of the date of the underlying incident. Do not wait to get started with this legal process. Consult with a New Jersey trip and fall accident lawyer right away.
You Must Prove Be Prepared to Prove Negligence
Trip and fall accident claims—including uneven public sidewalk claims—are negligence cases. In order to prove negligence in an uneven sidewalk case, you must establish that the party responsible for the sidewalk failed to take due care. A comprehensive investigation of the trip and fall accident is a must. You should be prepared to present evidence of fault including things like photographs or witness statements. Our New Jersey trip and fall accident lawyer can help you build a case.
Recovering Compensation for Trip and Fall Accident Injuries
Trip and falls can lead to very serious injuries. You have a right to seek compensation for the full extent of your damages, including non-economic losses. Unfortunately, government defendants and insurers do not make the claims process easy. Our New Jersey premises liability attorneys are committed to helping victims maximize their compensation, including for:
- Emergency medical treatment;
- Hospital bills and other medical costs;
- Lost wages and loss of earning power;
- Pain and suffering; and
- Long-term disability or disfigurement.
Schedule a Free Case Review With a New Jersey Trip and Fall Accident Lawyer
At Poulos LoPiccolo PC, our New Jersey trip and fall accident attorneys are skilled, justice-driven advocates for injured victims. If you were hurt in an accident caused by an uneven sidewalk, we can help. Contact us today for a free, no obligation review of your case. Our law firm handles trip and fall accident claims in Monmouth County and throughout the surrounding region in New Jersey.