In New Jersey, many people choose walking as their preferred transportation method, considered a safer alternative to driving. However, walking also comes with its own unique set of risks. Sidewalks were designed to create a safe passage for vulnerable road users like pedestrians and mitigate the risks of accidents. Sadly, devastating injuries can occur when the appropriate parties fail to ensure well-maintained sidewalks. Injured individuals often wonder who is responsible for their damages in such scenarios. Please continue reading to learn whether you can take legal action against the city for an unsafe sidewalk and discover how a skilled Monmouth County Sidewalk Accident Lawyer can help you fight for the compensation you deserve.
What constitutes an unsafe sidewalk?
When you’re just going about your day, taking a stroll down the sidewalk, you likely don’t anticipate being injured due to hazardous sidewalk conditions. However, dangerous sidewalk conditions are among the most common causes of slip, trip, and fall accidents. The following include but are not limited to some of the factors that can make sidewalks unsafe for pedestrians:
- Weather-related hazards (uncleared snow or ice)
- Debris and obstructions
- Missing sidewalk tiles
- Uneven surfaces
- Protruding tree roots
- Potholes and cracks
- Insufficient lighting
- Inadequate drainage (flooding)
How long do I have to take legal action?
Generally, the statute of limitations for personal injury lawsuits is two years. Essentially, this means you will have to file your claim within two years of the date of your accident. Failing to meet this deadline will automatically forfeit your rights to pursue legal action to recover monetary compensation for your damages. It is imperative to understand that if you were injured on a government-owned property due to an unsafe sidewalk, the fixed deadline for filing your claim will be much shorter. This is because when you take legal action against a government entity, you are required to file a Notice of Claim.
A Notice of Claim must be filed within 90 days of the accident. Failure to file within the timeframe will result in being barred from taking legal action in the future. A Notice of Claim is a formal notice that provides the municipality with advanced knowledge of your intent to pursue legal action and that it may be subject to a claim for damages.
If you’ve been injured on a government-owned property due to unsafe sidewalk conditions, you need a talented Monmouth County sidewalk accident lawyer from Flacon Law Firm on your side. Our legal team is prepared to help you file your claim within the right time frame to ensure you do not relinquish your right to seek monetary compensation for the losses you’ve endured. Allow us to assist you in fighting for the total and fair compensation you are entitled to.
