Filing a Claim for Injuries from Unsafe Sidewalks in Orlando

Female feet in white sneakers walking on the sidewalk low angle retro colors.

Unsafe sidewalks can pose significant hazards, leading to serious injuries such as fractures, sprains, or head trauma. In Orlando, where pedestrian traffic is high, understanding how to file a claim for injuries resulting from unsafe sidewalks is crucial for obtaining compensation. Here’s a clear guide on how to navigate this process effectively.

Identify the Cause of the Hazard

Types of Hazards: Unsafe sidewalks can be caused by various issues, including cracks, uneven surfaces, potholes, or debris. Identifying the specific hazard that led to your injury is essential for building your case.
Responsible Parties: Determine who is responsible for maintaining the sidewalk. This could be the city or local government, a private property owner, or a business that abuts the sidewalk.

Document the Incident

Photographs: Take clear photos of the hazardous condition of the sidewalk and your injuries. Capture the area where the incident occurred from different angles to provide a comprehensive view of the hazard.
Medical Records: Obtain and keep records of your medical treatment, including diagnoses, treatment plans, and any follow-up care. This documentation will support your claim by showing the extent of your injuries.

Report the Hazard

Notify Authorities: Report the unsafe sidewalk to the relevant local government agency or municipal department responsible for sidewalk maintenance. This helps ensure that the hazard is addressed and provides documentation of the issue.
Incident Report: File an incident report with local authorities if available. This report can serve as an official record of the hazard and your injury.

Consult with a Personal Injury Attorney

Legal Advice: Speak with an attorney experienced in premises liability and personal injury claims. They can help you understand your rights, assess the strength of your case, and guide you through the legal process.
Claim Preparation: Your attorney will assist in gathering evidence, documenting your injuries, and preparing the necessary legal documents for your claim.

File a Claim

Determine Liability: Based on the responsible party (government entity, private property owner, etc.), your attorney will help determine the correct entity to file a claim against.
Claim Process: Your attorney will file a claim with the responsible party’s insurance company or directly with the entity if they are self-insured. The claim will detail how the unsafe sidewalk led to your injury and outline the damages you are seeking.

Understand the Statute of Limitations

Time Limits: In Florida, the statute of limitations for personal injury claims is generally four years from the date of the injury. It’s important to file your claim within this timeframe to preserve your right to compensation.
Government Claims: If the responsible party is a government entity, there may be shorter deadlines or specific procedures to follow. Consult with your attorney to ensure compliance with these requirements.

Prepare for Possible Defenses

Contributory Negligence: The responsible party may argue that you were partially at fault for the injury. Your attorney will help counter these claims by demonstrating that the sidewalk’s condition was the primary cause of your accident.
Maintenance Records: The responsible party might provide records showing regular maintenance. Your attorney will need to review these records and argue whether the maintenance was sufficient or if negligence occurred.

Seek Compensation for Damages

Types of Damages: You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and any other related costs. Your attorney will help quantify these damages and seek appropriate compensation.
Settlement Negotiations: Your attorney will negotiate with the insurance company or responsible party to secure a fair settlement. If a satisfactory settlement cannot be reached, your attorney may recommend pursuing legal action.

Conclusion

Filing a claim for injuries resulting from unsafe sidewalks in Orlando involves documenting the hazard, reporting the issue, consulting with an attorney, and understanding the legal process. By following these steps and working with a skilled personal injury attorney, you can effectively pursue compensation for your injuries and address the dangers posed by unsafe sidewalks.