Who do I make a claim for special damages against if I fell on a sidewalk path that was under construction?
It is difficult to know who you make a claim against if you fell on a sidewalk path that was under construction without knowing more about the incident and the extent of the injury you sustained. Whoever was responsible for constructing the path may not be immediately apparent. For example, if it was a public path it could be the local council, or if the location of the path was outside a grocery store a claim may have to be made against them or the construction company itself. The amount of path construction compensation you could be entitled to may also be hindered if you are found to be somewhat responsible for your injury sustained when you fell on the sidewalk. For instance, if there were clear warning signs that you did not notice due to your own lack of care your final claim may be reduced to reflect this, or your eligibility to claim could be affected. By explaining the circumstances of your fall to a personal injury lawyer who has knowledge of sidewalk injury related claims you will be able to find out whether or not you are entitled to make a claim.
A personal injury claims lawyer will also be able to evaluate how much special damages you could be entitled to receive for your injury sustained when you fell on the sidewalk. Special damages are the area of personal injury claims that allow you to claim for any costs that you have incurred as a result of your accident. They are split into two categories “incidental special damages” and “consequential special damages”. Incidental special damages refer to the more immediate expenses that come with remedying an accident. If you faced significant medical expenses for the immediate treatment of your injury from when you fell on sidewalk path that was under construction, you should be able to claim for that.
Consequential special damages refer to the more long term financial effects that you could face following your injury. It covers a lot more possibilities than incidental damages. For example, if your injury has rendered you unable to drive, you can claim for alternative transport costs or if you have had to make any renovations to your house to make your injury easier to live in then this will also be claimed for.
All of this will be explained to you in full when you consult with your lawyer about your claim. They will be able to provide you with more specific details about your path construction compensation claim than I have been able to here. Therefore it is advisable that you make an appointment as soon as possible to discuss how you fell on a sidewalk path that was under construction.