Holes in concrete are obviously a potential hazard for drivers, but they also pose a risk of serious physical harm to pedestrians. Unfortunately, the response time to fix known potholes often lags well behind the number of holes reported in Philadelphia each year. But it’s not your fault a pothole formed and no one bothered to repair the broken stretch of sidewalk or road. Here’s what you need to know about recovering damages after a pothole trip and fall injury.
Holding Negligent Parties Accountable for Pothole-Related Injuries
There’s one major hurdle to overcome immediately in any pothole-related accident that caused your injuries. In some situations, the city of Philadelphia is immune from civil liability. While that might make it seem like your chances of recovering compensation are gone before you even get started, that might not be the case if you consult with a slip and fall injury attorney.
There are several important exceptions to local and state immunity. That makes an experienced legal advisor who has dealt with government agency personal injury cases crucial after a pothole injury. The right lawyer can help you figure out if your situation meets any of those exceptions.
Depending on how the accident occurred, you may have the ability to pursue damages for medical costs, lost wages while recovering, extended treatment, and other critical aspects of care. However, the specifics of how you pursue compensation vary depending on where the pothole was located.
In general, your attorney will need to:
- Establish the liable party and its jurisdiction, which could be SEPTA, the Pennsylvania Department of Transportation, a business or homeowner, or another entity.
- Gather evidence to prove that the city, a local organization, or even a personal property owner was aware of the pothole and didn’t act quickly enough to repair the problem.
- Handle communications with the liable organization and its insurance provider.
- Take care of filing a personal injury suit within strict statutes of limitations.