When people think about accidents involving falls, there are two instances that come to mind: slip and falls and trip and falls. But people can also fall down from uneven surfaces, whether it’s a dip in the floor or a hole in the ground. Even if the person doesn’t fall down, the sheer impact of slamming your foot into the ground can lead to serious injuries.
These incidents can happen in many places, including public and privately-owned parks. Common hazards that are responsible for these accidents include:
- Open hole in the ground
- Exposed or unmarked drainage ditch
- Pot hole in the parking lot
- Failure to cover hole after tree or shrub removal
- Big cracks / broken asphalt on walkways
- Holes in the grass from animal burrows (moles, skunks, groundhogs, etc.)
If negligent conditions at a park is the reason for your accident, call us right away to speak with a foot fell into a hole at a park injury accident attorney. Medical expenses, pain and suffering, lost income, and other payments may be available to you, but there is a strict time limit on how long you have to file a lawsuit. Contact Normandie Law Firm to learn about your rights and legal options if you were injured at a city park.
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Injuries from Stepping in a Hole
When you get your foot caught in a hole, there are a few different things that can happen. You may trip over the opening if your foot doesn’t fall in completely, which is classified as a trip and fall accident. If the hole is deep enough, you may end up with blunt force trauma injuries that can be quite severe, depending on the depth of the hole. Alternatively, you may fall over while your foot is still in the ground and sustain serious injuries to your foot, ankle, knee, and leg.
Possible injuries from a stepping into a hole accident include, but are not limited to:
- Tendon and ligament tears
- Sprained ankle
- Fractures in your foot and/or ankle
- Foot or knee dislocation
- Deep cuts
- Head trauma, including traumatic brain injury
- Hand and wrist sprain
- Pelvic or hip fracture
- Back and neck injury
- Permanent nerve damage
City Liability for Open Hole Accident Cases
Some parks are owned by private companies, but the vast majority are city or county parks. Thus, if your foot fell into a hole at a city park, you would need to file a lawsuit against the city government or the agency in charge of managing the park. But how can you be sure that the city is responsible for your harm and suffering?
An owner’s duty to those on their property are defined the law of premises liability. Whether you are a private home owner or a government entity, you have a duty to prevent injuries to others that have a legitimate reason to be on your property. That means you have to take care of dangerous conditions, like open holes and wide cracks that people’s feet can fall into. If someone is harmed due to your failure to resolve these problems, they have a right to sue you for monetary compensation.
Even if it’s clear that negligence by the city or county caused you to be injured, how do you file a lawsuit and receive the payment you deserve?
How to File a Claim for Injuries at a Public Park
If you were injured at a privately owned park, you would file an accident claim with the owner’s insurance company, which may progress to a lawsuit if you are unable to reach a settlement. But this process works quite differently when a park is owned by the city. To sue the government for an accident, you must file a compensation claim with the city within 6 months from the day you are injured. Claim forms are usually available online on the city’s website. Or, you can call the City Clerk’s office if you ae unable to locate the form online.
Once you’ve completed the forms, you can submit them in person or send them by mail to the appropriate city agency. It’s best to use certified or priority mail, so you have an exact date for when the agency receives the application. This is important, as the agency has 45 days to respond to your claim. You will either receive an approval letter with a settlement offer or a denial notice. If your claim is denied, you have 6 months from the date of rejection to file a lawsuit. If 45 days have gone by since the date your application was received and there’s no response from the city, you have two years from the accident date to file a lawsuit.
Though it’s not required, help from an experienced personal injury lawyer is highly recommended. In particular, you will want to hire a lawyer with experience in lawsuits against the government, which we can provide you with here at Normandie Law Firm.
Average Value of a Hole in a Park Accident Lawsuit
The degree of your injury and their long-term impact on your life are the most important considerations, but there are many other factors that help us determine the value of a city park injury claim. The majority of victims we represent have one or more serious injuries that can take years to heal, and even then, they may be left with lifelong health issues. As a result, settlements usually range between $150,000 and $2,000,000 for these cases. On the other hand, if your injuries are relatively minor, $15,000 to $50,000 may be a reasonable settlement offer. We can help you calculate a fair payment amount to ask for if your foot fell into a hole at a park. Please schedule a time to speak with one of our attorneys if you’re interested in learning what your lawsuit is worth.
When will I Receive Payment from an Injury Claim?
Lawsuits against the government tend to be more complicated than compensation claims against private entities. This is due to the claims process that has to take place before you can proceed with a lawsuit. Even then, the law imposes certain guidelines and limitations when it comes to legal actions against public agencies. That’s why one to two years is the expected timeline to reach a settlement, though some cases are resolved in just a few months. For a complete explanation on the legal process for a city park accident claim, please give us a call at your earliest convenience.
Call us for a Free Second Opinion
Are you satisfied with the current lawyer that is representing you in a city or county injury claim? Do you feel confident in their ability to bring you the highest possible settlement? If not, you may benefit from a free second opinion on your case. This is your chance to have your claim evaluated by an experienced fall injury accident attorney. Based on their advice, you may choose to switch lawyers and transfer your case to us, but this is not a requirement to receive a second opinion from our legal experts. Our goal is to provide you with legal advice and possible solutions to your problem and leave the decision making up to you.
Fall Accident Injury Attorneys in California
The legal team of Normandie Law Firm is here for you if unsafe conditions at a park caused you to be injured from a fall-related accident. To help you make an informed choice about your legal options, we will offer you a free case evaluation.
If you decide that hiring one of our attorneys is in your best interest, you won’t have to worry about any payments under the Zero Fee guarantee. All costs associated with your case are charged to the defendant and paid to us as a part of your settlement. In short, we get paid at the same time you do, or we make nothing at all if we don’t succeed in winning your case.
Help from a step into a hole accident injury lawyer is just a phone call away. Contact our office and learn how you can receive compensation from a lawsuit for injuries at a city park.
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