I Tripped and Fell on Uneven Pavement. What Should I Do?

The answer to this question depends on the circumstances of your fall, including where you were during the incident and how badly you were injured. A lightly scraped knee is a much different situation than if you broke a bone or got a concussion.

Also, it matters who is responsible for the pavement that you tripped on. Your options are very different if you trip while walking on your driveway compared to if you trip on the walkway at work.

Minor Injury

If an injury is minor enough, you probably don’t want to take legal action. A scraped knee or nasty bruise may hurt but doesn't require any meaningful medical attention. Your out-of-pocket cost for that type of injury is minuscule and is not worth your time to pursue legal action.

With that being said, you probably still want to follow up on the incident if someone other than you was responsible for the pavement. Advise the responsible party that there is a danger and that you were injured. This lets them know that they should repair it, and you might get minor compensation, especially if a business is liable.

Before deciding not to take legal action, though, be certain that the injury is minor. Some broken bones or soft tissue damage can appear less serious at first. A visit to urgent care is inexpensive and should quickly determine the seriousness of your injury.

Public Sidewalk in Front of a Home or Business

In most states, the owner of an adjacent building is responsible for maintaining the public sidewalk that runs past it. Depending on state laws, this might mean that the owner is only responsible for clearing debris or that they are also responsible for repairing damage to the sidewalk.

A Morgan and Morgan attorney is familiar with the laws of the state and can tell you whether the owner of the building is liable for any injury you suffered. If they are, you can take legal action against them as part of a premises liability case.

Alternatively, the city might be the responsible party. In states where the building owner isn’t responsible, the local government usually is. This is especially true if the building owner has advised the local government that a danger exists and needs to be corrected.

Public Sidewalk or Road Adjacent to or on Public Property

When the culpable pavement is adjacent to or on public property, the city, county, or state is almost always responsible for maintaining it. This means that the appropriate government entity should inspect it regularly and repair it as necessary. If this isn’t being done, the government may be responsible for your injury.

Your attorney will examine public records to determine whether due diligence was being followed. If there is any evidence that the appropriate party was negligent in its duty to protect the public, you can take legal action.

Any Location While You Are Working

If you are at your workplace when you trip and fall due to uneven pavement, it usually means your employer is responsible for your injury. Most workplaces have a reasonably robust system in place for dealing with on-site injuries. You may have to fill out a lot of paperwork, but in most cases, you should easily get compensation for the harm.

However, you may not realize that you don’t have to be at your workplace to benefit from that process. If you work offsite, you are eligible for compensation from your employer if you are injured while performing work duties.

Thus, if you trip and fall over uneven pavement while carrying out a delivery or while visiting a client, you should report the incident using the same procedure. This should ensure that you get compensated, regardless of whether your employer or another party is liable for your injury.

At Home

If you have failed to maintain your property, you are liable for the injury you suffer after a fall. But that doesn’t necessarily mean that you can’t receive compensation. Depending on what type of insurance policies you have, you may be able to make a claim with your insurance company to cover most or all of your medical expenses.

Just because you know who is liable, that doesn’t mean you will get the compensation you deserve for your fall. Nobody wants to pay money if they can avoid it. And that is especially true for insurance companies.

In nearly every scenario, an insurance company will eventually be responsible for paying compensation. If you are injured at work, you should receive money through workers’ compensation insurance. If you were injured at home, either your medical insurance or homeowner’s insurance policy is most likely to cover the injury.

But an insurance company only pays money if it approves your claim. And that is far from guaranteed. Insurance companies are notorious for denying claims for the flimsiest of reasons. If you fill out paperwork the wrong way or if there is even a hint that someone else might be responsible, your claim might be denied with minimal explanation.

By retaining an attorney as soon as possible, you significantly decrease the chances that an insurance company will deny your claim. Your attorney will guide you through the process and ensure you don’t make any mistakes or accidentally share information that might harm your claim.

Additionally, your attorney can independently investigate your claim. This is important because your lawyer is specifically looking for evidence that will support your claim. And once that evidence is documented, it will be provided to the insurance company to prevent it from being ignored.

Insurance companies have a massive advantage when dealing with you. They can make a settlement offer that looks good on paper, but it actually undervalues the compensation you deserve. 

However, an experienced attorney understands the value of your claim and will determine whether the offer fairly covers your expenses and losses. If it doesn’t, they will negotiate with the insurance company to get an acceptable settlement.

In the worst-case scenario, you may need to go through the courts to force the insurance company to pay the full value of your claim. That is something your lawyer will attempt to avoid. But if it must happen, Morgan & Morgan attorneys have extensive experience at trial and an excellent record of success.

Many people don’t realize how serious a fall injury can be. Even small falls that are roughly equal to your height can potentially cause serious, sometimes life-threatening, injuries. Some of the more common serious fall injuries are:

• Concussions
• Broken ankles
• Torn muscles, ligaments, or tendons

Many of these injuries may not be obvious immediately after a fall. Adrenaline can hide the pain, which may result in you causing additional damage until it goes away. It is always best to get medical attention before moving in case the damage is serious.

If your injury temporarily prevents you from working, you are eligible to receive compensation from whatever insurance company is also paying for your medical bills. Since the injury is responsible for your work absence, whoever is liable for the injury is also liable for your lost wages.

At Morgan & Morgan, we take all personal injury cases on contingency. This means that you only pay us money if we can get you compensation for your case. Combine that with the fact your initial consultation and case evaluation are free, and you effectively pay nothing to hire a lawyer from us.

Additionally, because we are only paid on contingency, you can be certain that our lawyers are always trying to get you the maximum compensation possible. We are paid a percentage of what we win for you. So the more you get paid, the more we get paid.

If you have been injured seriously in a fall, you need a doctor you can trust who will provide the attention you need. Do not trust any physicians recommended by an insurance company. It is too likely that they won’t have your best interests in mind.

Instead, talk to your Morgan and Morgan attorney. We know which local doctors specialize in specific types of injuries and can direct you to a physician that will provide excellent treatment. Your health and recovery are important after a serious injury.

After you trip on uneven pavement and injure yourself, you could easily end up severely injured and unable to work for weeks or months. If you are facing this situation, you need the help of a compassionate and experienced lawyer that you can trust so that you can get the money you need for your recovery.

Your best option is to consult with a personal injury attorney at Morgan & Morgan. We have offices throughout the country and hundreds of experienced lawyers ready to help you 24 hours a day. If you tripped and fell on uneven pavement and are wondering what to do, simply contact us today for free, no-obligation case evaluation.