Sidewalks in New York are a vital part of daily life, but when they are uneven, broken, or poorly maintained, they can become hazardous.
If you’ve suffered a fall on a sidewalk, it is crucial to take the right steps to protect your health and legal rights.
At Ferrante & Koenig, PLLC, we have dedicated our careers to helping individuals who are injured due to the negligence of others. With a proven track record of recovering millions of dollars for clients through jury verdicts, settlements, and arbitration, we know how to handle significant personal injury matters, including cases involving sidewalk accidents.
Injured from a fall on a New York sidewalk? Reach Out to Ferrante & Koenig 24/7 for qualified legal guidance.
In this guide, we’ll offer clear, actionable steps to take immediately after a sidewalk fall to ensure that you protect your health, document the incident properly, and understand your legal options for pursuing compensation.
8 Steps to Take After a Sidewalk Fall Injury in New York
There are several crucial steps to follow after a slip and fall on a broken sidewalk or a trip and fall on an uneven sidewalk to protect your well-being and preserve your legal rights. Below are the key actions to take, ranging from medical care to documenting the scene, each of which will play a vital role in strengthening any potential personal injury claim.
Read: New York Attorneys I Recommend for Slip & Fall Cases
1. Seek Immediate Medical Attention
After a trip and fall on an uneven sidewalk or a slip and fall on a broken sidewalk, prioritize your health by seeking medical care promptly. Even if injuries appear minor, a medical evaluation is essential to identify hidden injuries like fractures or concussions and to create a clear record of the injury for any potential legal claim. Medical documentation helps establish the cause and extent of injuries, linking them to the sidewalk fall incident.
2. Gather Evidence from the Scene
If you are able, take photos and videos of the scene, focusing on sidewalk defects such as cracks, gaps, or other hazards that caused the fall. Capture different angles and nearby landmarks to establish the exact location. If there are witnesses, ask for their contact information, as their statements may support your claim. This documentation can be critical in establishing liability, especially if the property owner or city contests responsibility.
3. Report the Incident
Filing a report with the property owner (if the sidewalk is adjacent to private property) or the appropriate city department is an essential step. This creates an official record of the sidewalk fall, documenting the date, time, and location. Reporting also puts the responsible party on notice of the hazard, which may support your case if they were aware of the defect and failed to fix it.
4. Understand How Damages Are Calculated in New York
In New York, damages in a personal injury claim are calculated based on the impact of the injury on your life, medical expenses, lost wages, and pain and suffering. Compensation for a fall on a sidewalk may include:
- Medical expenses. This includes reimbursement for hospital stays, surgeries, physical therapy, and other healthcare costs;
- Lost wages. If injuries prevent you from working, you may claim lost income for the recovery period and, in severe cases, diminished future earning capacity.
- Pain and suffering. New York law allows plaintiffs to seek compensation for both the physical pain and the emotional impact of the injury, though these amounts vary based on factors like injury severity and length of recovery.
Because New York follows the “pure comparative negligence” rule, even if you bear some fault for the fall, you may still recover damages. However, your compensation may be reduced by the percentage of your own negligence in the accident.
Read: How Much Is My New York Slip-and-Fall Case Settlement Worth?
5. Know the Statute of Limitations for Sidewalk Fall Lawsuits in New York
New York has a three-year statute of limitations for filing a personal injury lawsuit following a sidewalk fall. This means that you have three years from the date of the fall to file a lawsuit. Failing to file within this period generally results in losing the right to pursue compensation. However, if your claim involves a city or municipal property, additional procedural requirements and shorter notice deadlines may apply, so consulting with an attorney as soon as possible is crucial.
6. Consult with an Experienced Personal Injury Attorney
Navigating the complexities of a sidewalk fall case requires in-depth legal knowledge, especially if the claim involves a government entity. Anthony A. Ferrante and the team at Ferrante & Koenig, PLLC, have a wealth of experience in sidewalk accident cases and are prepared to guide you through every step of the claims process. From investigating the accident to negotiating with insurers and litigating if necessary, an attorney can be your strongest advocate in securing fair compensation.
7. Document All Related Expenses and Losses
Retain all records of medical expenses, prescriptions, therapy costs, and any other financial losses incurred due to the fall. Track any missed workdays or changes in your work capability, as these losses may be included in your claim. Pain and suffering, a subjective but significant component, may also be part of your compensation, depending on the impact of the injury on your life.
8. Avoid Giving Statements to Insurance Companies Without Legal Representation
Insurance adjusters may contact you for a statement or offer a quick settlement. While this might seem like a fast solution, initial offers often don’t reflect the full scope of damages. Avoid providing recorded statements or accepting settlement offers without consulting with an attorney, who can help you evaluate the offer and protect your rights.
Consult a New York Sidewalk Fall Injury Attorney
A fall on a sidewalk can lead to severe physical, emotional, and financial burdens. Taking the right steps after a sidewalk fall injury not only protects your health but also strengthens your potential claim.
If you or a loved one has been injured in a sidewalk fall in New York, contact Ferrante & Koenig, PLLC, for a consultation.
Remember, New York law generally limits you to three years from the date of the accident to file a claim, so it’s essential to act promptly. Trust a team with the experience and dedication to handle your case effectively and guide you toward a successful outcome.
