What looks like a simple sidewalk fall can change your life in seconds. A cracked sidewalk, uneven pavement, or hidden defect can leave you with serious injuries, mounting medical bills, and a property owner already looking for someone else to blame. If you were hurt because a sidewalk wasn’t kept reasonably safe, a Washington, D.C. sidewalk accident lawyer at Kitchel Injury Law can help you understand where you stand.
With 28 years of combined experience, our Washington, D.C. personal injury lawyers investigate what happened, identify everyone who may be responsible, and handle the insurance company from the start. We know DC. We know what is required for proper sidewalk maintenance. And we have a strong track record of securing verdicts and settlements because of DC sidewalk injuries.
Sidewalk Accident Cases We’ve Represented
For example, one of our clients tripped and fell here, on uneven sidewalk pavers in Mount Vernon Square in DC. We obtained video footage of her fall from a nearby business and extensive evidence against the DC government that many, many people had complained about this, and yet they did nothing about it. The DC government settled for $175,000.
In another case, our client tripped over a missing brick outside a popular P Street, NW restaurant in Dupont Circle. If you’ve been to DC, you know lots of sidewalks look worse than this, and evidence suggested our client wasn’t paying attention and so was responsible for her own fall. We successfully obtained a $40,000 settlement for our client.
Responsibility for a Washington, D.C. Sidewalk Accident
One of the first questions in a sidewalk injury case is who was responsible for the area where the accident happened. Depending on the location and circumstances, a potentially responsible party could include:
- A property owner
- A utility – DC Water is sometimes responsible for sidewalk defects
- A business leasing or controlling the property
- A property management company
- A homeowners’ association
- A contractor performing construction or repairs
- A government entity
One of the first things we determine is who actually had the legal responsibility to maintain the sidewalk. We’ve handled enough premises liability cases to know that the answer isn’t always obvious. Property records, maintenance agreements, inspection reports, surveillance footage, and witness statements often tell a very different story than the one the insurance company starts with.
Evidence Can Disappear Quickly Following a Fall on a Sidewalk
After a sidewalk accident, the condition that caused your fall may not remain unchanged. A property owner might repair the damaged pavement. Construction materials may be removed. Weather conditions can change. Surveillance video may be recorded over.
The sooner we can investigate, the better the chance of preserving the evidence that shows what really happened.
If you are physically able, useful steps may include:
- Taking photographs of the exact hazard and surrounding area
- Photographing your injuries and damaged clothing
- Reporting the accident to the appropriate property owner or manager
- Getting the names and contact information of witnesses
- Seeking prompt medical attention
- Keeping copies of medical records and bills
- Saving the shoes and clothing you wore at the time of the accident
- Avoiding repairs or alterations to any evidence you intend to preserve
Property owners and their insurers often begin investigating before you’ve even had your first follow-up appointment. They’re looking for reasons to argue the sidewalk wasn’t dangerous, they didn’t know about it, or you simply weren’t paying attention. We’ve seen those arguments before.
The Challenges That Washington, D.C. Sidewalk Accidents Present
These cases become difficult because the property owner usually says the sidewalk wasn’t dangerous, someone else was responsible for maintaining it, or you should have seen the hazard. In Washington, DC, even those arguments matter because the insurance company only needs a small opening to start pointing the finger back at you.
Washington, D.C.’s rules regarding fault can also make these cases particularly challenging. The circumstances of the accident, the type of claim involved, and the parties involved may all affect how fault is evaluated. When a government entity may be responsible, additional requirements and deadlines may apply.
Claims involving public property can involve notice requirements that differ from those applicable to claims against private property owners. Missing a deadline could affect your ability to pursue compensation. A Washington, D.C., sidewalk accident attorney can evaluate these issues early and determine what steps may be necessary to protect your claim.
Compensation You May Be Able To Recover After a Sidewalk Accident
Most people think about the emergency room bill first. The financial impact of a serious sidewalk injury often goes much further than that. A fair settlement should account for what you’ve already lost and what this injury may continue to cost you in the months and years ahead. Depending on the circumstances of your case, you may be able to pursue compensation for losses such as:
- Medical bills
- Future medical expenses
- Lost income
- Reduced earning ability
- Pain and suffering
- Emotional distress
- Permanent disability
- Reduced quality of life
We don’t start with a number. We start with what this injury has actually cost you. How much work have you missed? What treatment will you need next year? What parts of your life haven’t gone back to normal? That’s how we evaluate compensatory damages in a sidewalk injury claim.
How a Sidewalk Accident Lawyer Serving Washington, D.C. Can Help
After a serious fall, dealing with a legal claim may feel overwhelming. You may already be managing doctor’s appointments, physical pain, and financial concerns. A lawyer can take on many of the tasks involved in pursuing your case.
We handle the parts of the case that insurance companies hope no one looks at too closely. We preserve evidence before it’s gone, identify everyone who may be responsible, gather the records that matter, and deal directly with the insurer while you focus on getting better.
Most sidewalk injury cases settle without ever going to trial. That doesn’t happen because the insurance company suddenly decides to be fair. It happens because they’re dealing with a case that’s been fully prepared from the beginning.
Speak With a Sidewalk Accident Attorney in Washington, D.C. Today
If you were seriously hurt because someone failed to keep a sidewalk reasonably safe, you don’t have to figure this out on your own. If you aren’t sure whether you have a case, that’s exactly what the consultation is for.
We’ll explain what we see, who may be responsible, and what your options actually look like. Every client works directly with their attorney from the beginning, and there are no fees unless we win.
