As a personal injury lawyer I find that many people in New York get injured while walking on a sidewalk.  In order for a personal injury lawyer to be able to have the information that he needs to properly evaluate the case, and determine if there is liability and who may be liable for your trip and fall the following is important:  

Make sure that you take note of the place where you fell.  If there was a sidewalk defect that caused you to fall, your lawyer will require that you send them a photo of the specific location where you fell.  These days most people have cell phone cameras and can easily take the photo themselves.  

It is essential that you have a fresh recollection where you fell and therefore if you become injured take note of the specific place where you were caused to trip and fall.  Often times people will take this photo of the place where they tripped and fell, but at the same time fail to provide an establishing shot of the location.  There should be several such establishing shots.  One a close up at ground level showing the close up of the sidewalk defect that caused you to trip and fall.  

Secondly there should be a medium shot showing context of the sidewalk area which can also describe the general condition of the sidewalk.  Finally there should be a wide shot that shows the context of the address where the trip and fall occurred.  This last shot is also very important because an attorney to properly evaluate liability on your case has to determine the ownership of the property.

The property may not have a building in front of it.  If so then the responsibility may be against the City of New York or MTA (New York City Tarnsity Authority) or some other public entity.

All of these factors play into how your lawyer conducts the next step of their analysis in determining possibility fault and or liability.  So remember to help yourself get the compensation you require make sure you know what caused your injury on a sidewalk trip and fall.  

If you are unable to take a photo at the time of the injury and you are alone when the accident happens then make a mental note of the place where you fell, and return later to take the necessary photos to email your potential lawyer.  

Alternatively if you are with someone when it happens, then have that person take a copy of the sidewalk defect that caused your personal injury and document the events as they unfold.  Including your being taken in an ambulance, have them note the number of the ambulance, and save a copy of your report the ambulance driver provides to you.

The statements you make to the ambulance driver are often written into the report he takes.  If these statements that you made about your personal injury case are necessary for the doctors to know and related to your treatment then they may come in at the time of trial in a New York Court.  In that instance they are an exception to the hearsay rule which is a statement other then the person making the statement to prove the truth of the matter.  

This blog is not meant to be formal legal advice and you should always consult directly with a lawyer for reliable information related to the specific facts of your case.

Manuel Moses, Esq.

236 West 26th Street Suite 303

New York, New York, 10001

(212) 736-2624 x 11 licensed in New York State