Pedestrian Accident Lawyer
Potholes plague cities. You can find them on roads, in parking lots, and in driveways. An unwary pedestrian who steps in a pothole is at risk of serious injury. Broken ankles are common outcomes of pedestrian pothole accidents, as are all the injuries that accompany a fall, including hip fractures, brain damage, and torn muscles.
Property owners have a duty to maintain their property in a safe condition. Cities have a duty to keep their roads safe. Shopping centers have a duty to fix potholes in their parking lots. Homeowners who know that visitors will walk in their driveways have an obligation to repair potholes or to warn others to be cautious.
When property owners breach their duty to keep their property safe, injured pedestrians can bring a legal claim to recover compensation. When a municipal government was negligent, the injured pedestrian must usually provide the government with a notice of claim within a time set by law. Failing to meet that deadline might extinguish the right to bring the claim, so it is important to get advice from a pedestrian accident lawyer soon after the accident occurs.
Time for Visiting a Doctor After a Pedestrian Accident Caused by a Pothole
No state imposes a time limit for seeing a doctor after a pedestrian accident. There are nevertheless good reasons to do so promptly.
Most people who break a bone after stepping in a pothole will be in so much pain that they will visit an emergency room. Serious ankle or knee injuries are so disabling that pedestrians will probably seek urgent medical care.
Pedestrians might be tempted to “walk it off” if an injury is less painful. A fall that causes a concussion might produce a headache that the injury victim hopes will go away. A significant blow to the head, however, can cause the brain to bleed or swell. If those conditions are not detected and treated immediately, they can be fatal.
Other injuries, such as a small tear in a ligament or tendon that supports the ankle joint, might initially cause nagging pain. Left untreated, the tear might become more severe, leading to long-term impairment. Muscle damage and other soft tissue injuries typically take longer to heal when the injury victim postpones treatment.
Smart Pedestrians Visit a Doctor Immediately After an Accident Caused by a Pothole
Proving that a property owner’s negligence caused an injury that requires evidence. Evidence that a pothole existed can be established by testimony, but visual evidence — a photograph or video — is better.
Lawyers, like a pedestrian accident lawyer from Butler Law Firm, also need evidence that the pothole caused the pedestrian’s injury. The pedestrian’s testimony about how the accident happened is important, but insurance companies might dispute that testimony by claiming that the injury was caused by some other event and that the victim is fraudulently blaming the property owner.
Insurance companies are more likely to make that argument when the injury victim delays treatment. If a victim waits two weeks before visiting a doctor, the insurance company will claim that the delay is proof of a fraudulent claim. Insurance companies contend that a legitimate injury victim will seek immediate treatment.
Obtaining prompt medical care is an important step in protecting the opportunity to obtain full compensation for an injury caused by a pothole. Following a doctor’s orders is equally important.
Busy people often place their jobs or other activities ahead of their health. They fail to keep appointments with their doctors. They stop attending physical therapy even if their injuries are still painful.
Insurance companies view gaps in the treatment record as evidence that the injury healed. They argue that any new treatment must be for a new injury. Doing everything a doctor advises is key to obtaining full compensation for injuries caused by a property owner’s negligence.
