California is one of the more accessible states for residents and guests who use a wheelchair. While the Americans with Disabilities Act requires all 50 states to provide accessibility measures for those with disabilities, California has remained a leader in providing ramps, wheelchair-accessible public restrooms, and other features to allow those in wheelchairs the ability to live a more independent life. Sadly, those in wheelchairs can become victims of one of the more common safety hazards that impact pedestrians, bicyclists, motorcyclists, and drivers, as well as the common pothole.
If you or a loved one suffered a wheelchair pothole accident injury, it is critical that you speak to the experts at Normandie Law Firm to understand your rights as the victim of a personal injury and how to secure any compensation that is owed to you. Our staff can be reached 24/7 to answer all your time-sensitive questions and help you formulate a plan of action. In addition, they are eager to assist you in scheduling a free consultation with a wheelchair pothole accident injury lawyer at Normandie Law Firm.
During your free consultation, you will explain the details of the incident and the injuries you sustained. Then, our expert will determine the legal merit of the claim and if you have grounds for a wheelchair pothole accident injury lawsuit. They will also relate to you the time limit to have your case filed with the court, which could be shorter than you would expect. With all of this valuable information, you will be well-prepared to decide if you wish to pursue legal action or not. But the choice is always yours, and our team will never pressure you in one direction or another. Our goal is only to ensure that all wheelchair pothole accident injury victims have the information and access to legal services to secure any compensation that is owed to them. Please reach out to our dedicated and compassionate staff today.
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Who Could Be Responsible For A Wheelchair Pothole Accident Injury?
Determining the responsible party in a wheelchair pothole injury incident can be more challenging than you would expect. The first consideration is who owns the property where the accident occurred. Most people think of potholes as existing only in city streets. However, that is only one place you might encounter such a hazard. Potholes can be routinely discovered in:
- City parking lots
- Private parking lots
- Parking spaces located along the side of the street
- Paved walkways in parks or recreation facilities
- City sidewalks
- Sidewalks on private property, including large venues
In most cases, the responsibility of maintaining paved surfaces ultimately falls to the property owner. However, there can be contractors or other businesses who have been hired to maintain or repair the pavement who share or own the liability for potholes. Finally, the responsibility for a pothole could fall to someone who damaged the surface and was responsible for having it repaired, such as a construction company working in the area or even a snow removal company that damaged the roadway or parking lot surface with a snowplow. But rest assured, as complex as this might appear, the expert wheelchair pothole accident injury lawyers at Normandie Law Firm will sort through the facts of the case to determine whom to hold accountable for the harm and expenses you suffered. Please reach out to our office at your earliest convenience to set up a time to meet with a lawyer experienced in handling cases involving wheelchair pothole injury incidents for clients like yourself.
Understanding Duty Of Care
All private and public property owners are legally obligated to regularly inspect their properties and provide routine care and maintenance to ensure the safety of guests on the property. Premises liability laws define the construction and maintenance standards the property owner and their staff must meet. In addition, duty of care defines the actions they must take when a hazard is reported by a patron or discovered during a routine inspection.
The staff must provide at least the same level of care as would the average prudent person in a similar situation. You can think about the action you would take if you found a pothole on the sidewalk at your home. You would immediately repair the damage or block off the space to prevent accidents. That is what is required under duty of care and the common sense reaction to the hazard. If the staff at a property fail to take this required action, they can be deemed negligent in their duty of care. Furthermore, if their negligence is later found to have caused or contributed to an injury accident, the property owner can be held responsible for the losses and expenses incurred by the victim due to the wheelchair pothole injury accident.
The Common Harm Caused By Wheelchair Pothole Accidents
There are many factors to consider when thinking about the injuries that could result from a wheelchair pothole incident. The overall health of the victim and their current medical challenges can intensify the damage caused by even a minor fall or collision. The damage can range from minor cuts, bruises, and abrasions to much more severe harm that could include:
- Broken or fractured bones
- Joint dislocations and damage to the connective tissue of joints
- Severe lacerations and puncture wounds that might include damage to internal organs and internal bleeding
- Injuries to the back, neck, and spinal cord
- Facial injuries to the eyes, ears, nose, mouth, or delicate skin of the face
- Soft tissue and nerve damage
- Head injuries ranging from a skull fracture or severe concussion to a traumatic brain injury
The priority after any wheelchair pothole accident injury is your health and seeking immediate medical care for treatment of the injuries. However, once you have gotten the care needed to protect your health, please reach out to Normandie Law Firm. Our staff is here to handle all of the added stress and complications of the injury incident. We will work diligently to help you get the compensation needed to cover your medical expenses and any damage to your wheelchair to restore your mobility and independence.
What Is The Average Value Of A Wheelchair Pothole Accident Injury Lawsuit?
It is very understandable that victims of any personal injury incident want to learn more about the compensation they can seek via a lawsuit. Suffering harm because of someone else’s negligence is upsetting and unfair. But you must know that there are no predetermined values for certain injuries or accidents. Instead, you will work closely with the legal team at Normandie Law Firm to compile all the supporting documentation for your allowable expenses and losses. These items will be used to tabulate the compensation sought by your lawsuit and typically include:
- The replacement cost of any personal property damaged or destroyed in the wheelchair pothole injury incident
- The cost of legal services to prepare, file, and litigate the wheelchair pothole injury lawsuit
- All current and estimated future medical expenses related to the wheelchair pothole injury accident
- The victims lost income if the injuries prevented them from working until they fully recovered or if they miss work to receive essential medical care to treat the accident injuries
How Long Do I Have To File My Wheelchair Pothole Accident Injury Lawsuit?
A typical personal injury lawsuit must be filed within two years of the date of the injury, according to the Statute of Limitations. This covers any case that does not involve a government entity or agency. If the property owner or the responsible party is a government entity, the time to file a claim drops to only six months from the date of the incident. So, if you were hurt on a city street or in the town library parking lot, you have much less time to prepare and file your lawsuit.
It is also critical to understand that these time limits are strictly enforced, and there are very few exceptions that would provide more time to make a claim once the Statute of Limitations has expired. If you do not have your case filed with the court in the allotted time, you will lose the right to seek compensation and justice for any losses or expenses caused by that particular injury incident. Please get in touch with Normandie Law Firm today to discuss the time needed to prepare and file your lawsuit.
No Upfront Legal Fees Or Expenses
When you hire Normandie Law Firm to handle your wheelchair pothole accident injury lawsuit, we never ask for any upfront payments or fees. Instead, our firm only gets paid for our services and investment in building your case after the lawsuit is resolved and you have the compensation needed to cover your legal costs and other expenses. Finally, if Normandie Law Firm fails to win your wheelchair pothole accident injury lawsuit and secure that much-needed compensation, you owe us nothing. That is how confident we are that our expert legal staff will win every case they handle.
Please contact our staff at your earliest opportunity to learn more about your rights and how to hold the responsible party accountable for the losses you suffered. Not only could you be facing excessive medical costs but also the loss of your freedom if your wheelchair was damaged. The staff at Normandie Law Firm is ready to handle every aspect of this legal matter for you so that you can focus on your recovery while we secure the compensation and justice you deserve for the injuries and damage caused by someone else’s poor choices and negligence.
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