PROPERTYSPARK ARTICLE

Did a Broken Sidewalk Cause Your Injuries? You May Be Eligible to Recover Compensation

Understanding Premises Liability Laws

Trip and fall accidents typically fall under premises liability standards which are governed by personal injury law. This means the steps for filing an accident claim are similar to the ones you take if you’re injured in a vehicle collision. The primary difference is determining who’s responsible for sidewalk maintenance.

You may believe the government, whether it’s state, county, or city, is responsible for keeping public sidewalks safe. However, this isn’t always the case. Sometimes, the business or residence is responsible for maintaining the section of sidewalk directly in front of their building.

Before you can even consider star ting the claim process, you must determine liability. Don’t panic, figuring out who is ultimately responsible for sidewalk management is relatively easy. A quick public records search should be enough to determine liability.

Something else to consider is the theory of sovereign immunity. This typically only applies to government entities. Sovereign immunity simply means you can’t file a personal injury claim against a government entity. This shouldn’t be an issue in your broken sidewalk injury claim. Texas Act Section 101.22 allows the city of Houston to be liable for premise liability claims. The act can also extend to county and state entities.

Steps for Filing a Broken Sidewalk Injury Claim in Texas

As we noted earlier, filing a broken sidewalk injury claim is pretty similar to recovering compensation after an auto accident. The primary difference is you may need to take a few extra steps if the sidewalk is owned by a government agency/entity.

Take Care of Your Health

Your health is always a priority. Before you start thinking about filing a claim for damages, visit a healthcare provider. This applies even if you can walk away after your sidewalk trip and fall. You may have internal injuries and it can take a while to start showing signs and symptoms.

There’s another reason why you should visit a physician immediately after your broken sidewalk accident. You’re going to need your medical records to support your claim you suffered injuries.

Document the Accident Scene

If your injuries are severe don’t worry about documenting the accident scene, the responding authorities will take care of this step. However, if possible, try to take some pictures of the broken sidewalk. Don’t forget to snap some pics of the building, if applicable, directly behind the sidewalk. This may be the entity responsible for sidewalk maintenance.

Look around for any witnesses to your accident. Get their contact information. Your personal injury attorney will want to interview the witnesses to help support your version of the accident.

Report the Accident

You have ten business days to report an accident to the authorities. If your injuries aren’t severe it can be tempting to put off alerting the authorities. This can be a mistake. Waiting to report an accident can result in crucial evidence being lost.

The individual or entity responsible for the sidewalk may make emergency repairs before the authorities arrive to investigate the scene. This can make it harder to prove your accident claim.

Gather Your Evidence and Submit Your Injury Claim

Gathering evidence usually isn’t too difficult. You’re going to need a copy of your accident report. You can usually pick up a copy of the accident report in about seven to ten business days. You’ll also need your medical records, along with any bills and receipts. Save any prescriptions. You should be able to claim prescription medications used to treat your injuries.

Fill out the paperwork, attach your evidence, and send everything off to the insurance company. This is usually when you sit back and wait for a response from the insurance adjuster. How long will you wait? Most insurance companies respond to submitted claims within about 14 or so business days.

Start Negotiations

Very rarely will an insurance company pay out the initial claim amount. You should expect to go through at least one round of negotiations. Most premise liability claims take more than one go at the negotiating table. This step in the claim process can go on for a few months.

Hopefully, you can settle with the insurance company. If not, your claim becomes a lawsuit filed in civil court. Yes, this usually means following a few more steps like going through mediation before your lawsuit is heard by a judge and/or jury.

Requirements for Filing an Injury Claim Against a Government Entity

Filing an injury claim against a government entity is a little more involved than if you’re seeking damages from a private citizen.

You must file a notice of claim for damages, and then this notice is submitted to Houston’s mayor and city council. You have 90 days from the date of the accident to file the notice. Missing the filing deadline can make it all but impossible to recover compensation for your damages.

The notice must include details of your accident, including the location where it occurred. Your notice must also detail the extent of damage to the sidewalk, your damage amount, and contact information. The city may be exempt from any liability claims if you fail to provide the necessary information.

You should also be aware of caps on potential damage amounts. Section 101.023 of the Texas Civil Practice Remedies Code caps damage amounts on premises liability claims against Houston at $250,000.

Partner with an Experienced Premises Liability Lawyer

Whether the broken sidewalk is considered private or public property, filing a premises liability claim can be a challenging process for you to go through, especially on your own.

To help make sure that you receive the maximum value of your claim, it’s a good idea to partner with an experienced premises liability attorney.