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How to File a Claim after Sidewalk Accident in Brooklyn?


How to File a Claim after Sidewalk Accident in Brooklyn?

Dealing with any type of accident is not easy, with all the physical and psychological trauma, you can’t keep track of legal issues properly. As a matter of fact, you don’t have to go through it alone. A good legal representative can help you get through this by filing a claim for compensation and representing you in court. You should know your rights and must be strong to fight for the justice you deserve.

Determining Liability:

The first thing that you need to do is to find who oversees roads in Brooklyn, especially that specific road on which you got injured.  In Brooklyn, following can be liable in such accidents:

  • The City of New York: Sidewalks should be safe for pedestrians, if any accident took place because the sidewalk wasn’t safe, then the city can be held accountable for it.
  • Owner of Property: If the sidewalk is owned by any private company, then they are responsible for keeping it safe. If they neglected their duty and it causes accident, then they are responsible it.
  • Third-party Contractors: If the sidewalk safety is given to a contractor, then in case of any accident, they’ll be held accountable for any damages.

Building your Argument:

Proving liability is difficult, to receive the compensation you deserve, you must prove the negligence of the other party, with the help of evidence. You need to make sure that:

  • Seek Medical Help: Seek medical help as soon as possible and keep the record of your injuries and receipts as they’ll be served as evidence.
  • Collect Evidence: Make sure to take pictures or videos of the sidewalk and any other on-site damage that caused the injury.
  • Witness testimonies: Anyone who was present at the time of the accident, take their statements as evidence.
  • Report to Police: Report the incident to the police, its record will help you build a strong case.
  • Report to the city: If the city is responsible for the accident, then submit the report to the city within 15 days.

Putting Forward a Claim:

To make a claim you need to first find out who’s at fault, then you can put forward your demands. Here’s how it will proceed.

City Claim:

  • A “Notice of Claim” must be submitted within ninety (90) days after the accident. It can be mailed or done online.
  • After that notice of claim the city will investigate the allegations.
  • If the city does not acknowledge its fault, you can proceed with legal action.

Claim of the Property Owner:

  • Talk with the property owner and insurance company about the accident.
  • If needed, then try to negotiate, or take the case to court.

Claim of Third-Party:

  • If you think the contractor was at fault, then gather evidence to determine it.
  • If you think the contractor is not taking your claim seriously, then you should try to talk to a personal injury lawyer.

Seeking Legal Assistance:

If things take a serious turn, then you should talk to a lawyer, as they will guide you and can fight for your rights if necessary. A lawyer can help you in many ways, such as:

  • Help you understand the legal maze and your case properly.
  • Help you in gathering information and proof.
  • Try negotiating with the other party.
  • They can represent you in court, if needed.

Keep in mind that time is the most important factor in filing a case, so you should be aware of all the deadlines. Keep track of all the documentation and evidence you’ve got. With the help of these steps and a legal representative you can seek the justice you deserve. You should always remember that you have rights, and no one can violate them, and if someone violated them, then they are entitled to go through the legal process. The legal process may require time, but it will help you move forward in life financially and emotionally.

If you want to discuss your case with a specialized personal injury lawyer, then call now for a free consultation (718) 414-6642.

Justin William, Esq.

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