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Government Liability for Uneven or Broken Sidewalks

Broken sidewalks and uneven concrete are not uncommon. From tree roots uplifting pavement to extreme weather conditions cracking concrete, there are numerous reasons Florida sidewalks become unsafe. For an attorney facing a premises liability claim because of those uneven or broken sidewalks, several unique challenges present themselves, especially when it comes to collecting compensation from a government agency. In general, government agencies – just like private individuals and organizations – owe a duty of reasonable care to the public. Included in that duty is the responsibility to maintain sidewalks and ensure they are in safe conditions for pedestrians making use of them. Despite this care requirement, there are numerous cities and counties that ignore their duty.

Determining Liability

The first challenge when recovering damages from a government agency is determining the agency liable for your injuries. Originally, counties were responsible for sidewalks and roadways; however over the past few years, more Florida cities have implemented their own organizations that handle the maintenance of sidewalks and roadways. Developed subdivisions in the state have even entered into agreements with various government agencies, shifting the responsibility of maintenance from the city to the developers and then to the homeowners association of the development. It can definitely be unclear, so an attorney’s first challenge will be to determine which government agency is responsible for maintaining the walkway.

Providing Timely Notice

Once the government agency is identified, a timely notice must be sent to the agency or agencies responsible. Florida law requires injury claims to be provided in writing within three years after the accident occurs (Florida Statute §768.28). In some situations, the claim may be required to be sent to the Florida Department of Financial Services.Therefore, if your attorney fails to provide a timely notice, the government agency responsible will not pay any damages – regardless if they are at fault.

The Limitations of Liability for Government Agencies

Florida government has waived their sovereign immunity, which means they can be held liable for personal injury claims. However, Florida law limits the amount of damages that can be recovered from a government agency. In most slip and fall cases regarding uneven or broken sidewalks, claims do not surpass the $200,000 liability limit; however, there are certain cases that do surpass the government liability limits. In order to receive compensation above the limit, the attorney must secure a judgment against the government agency and report the amount awarded (in excess of the limit) to the Legislature, requesting that an act be passed to allow the payment to exceed the limits. This is referred to as a “claims bill.”

The Attorneys at Vasilaros Wagner Can Help

Holding government agencies liable for your sidewalk-related injuries can be difficult, especially if your damages go above the liability caps. To explore your options for filing a claim against the city, county, or state, meet with the Daytona personal injury attorneys at Vasilaros Wagner. Contact us online to schedule a consultation, or call us at 386-777-7777.

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Vasilaros & Wagner Online Reviews
4.9 rating out of 70 reviews
Chelsea
Used V&W after our accident. Timely, efficient and professional. Very good communication from team members. Would recommend!
Tony Goudie
Josh and his team worked diligently to resolve our case; the at fault driver’s insurance company just dragged their feet for 2 years. But Josh counseled us to be patient and this proved to be sage advice. We unreservedly recommend him and his staff .
celena stephens
Their office made sure all of the follow through was taken care of with my vehicle. They kept consistent contact with me and the insurance company; anytime I contacted the office I was please with the professionalism that was rendered to me regarding my case. Thank you!
Donna Penny
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Word and Spirit Ministries of Central Florida
My name is David M. Gillespie. This law firm is professional and effective. Every step of the way, they kept me informed, returned my calls and did everything necessary to obtain for me the best possible outcome. I could not recommend them more highly.
Amy Rudisill
Working on my case, the whole team has been amazing. Always checking in on how my treatment is going and giving me updates. The whole team is on top of everything for me. I wouldn't want any other attorneys on my case but Josh and Steve. I recommend Vasilaros Wagner for your case.
John from Vietnam
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Anna Sorrentino
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Mitchell Condry
This firm handled my van crash settlement very professionally and got me a very good settlement, after a law firm in Panama City, Florida wouldn't even take the case. I highly recommend them. Thanks everyone for all your hard work on my case.
Front Desk
The entire office was thorough for the entirety of my case. Very helpful and insightful for anyone who has never done this before. Highly recommended
Shari Sciara
After a rear-ended collision, Josh & his team took my case and was willing to do what needed to be done for me. They never pressured me and kept in touch throughout the case.
Charlie Sierra
5/5 for the entire team at Vasilaros and Wagner, they were very professional and very courteous and friendly. I honestly would recommend anyone to go to them if they have a personal injury case. Huge shoutout to Nolan. He’s awesome
John Jones
Great law office/practice and staff. Everyone there worked extremely hard for me and my case and I deeply grateful for their time and effort. Nothing but an A+ team all around!
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I am very happy with the service I received at Vasilaros Wagner. They maintained great communication throughout the entire process. If I need this type of service again I will not hesitate to come back to them.
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Very nice people. They helped handle my case in a nice timely manner. I would highly recommend them to family and friends.
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Eureka Augustin
They are really professional, and takes care of their client really well. I was fortunate to have them work on my case, and they fought for me for a year until my case was over. I really appreciate them and if I ever get in a car accident again I know who to call
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Michael Lopez
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Sayuri Garcia
Everyone on staff was very attentive from beginning to end. The whole team made sure our questions were answered and all our needs were being met through out the whole process. Mindy made the final steps a breeze, she was very helpful and courteous!
Scott Sickich
My name Is Paul, I was involved in a pretty bad car wreck. No one hurt, thanks be to god(yes I want there). Vasilarous/Wagner took my case no questions asked and got me a decent settlement. The chiropractic team was second to none. Jon Wagner is a mad genius. Very satisficed
Doris Fuentes
Very professional this is the third time I go with them highly recommended they call every week to make sure everything go good o for any questions they are simple amazing.
Mike Smith
It's a very good law firm. Everyone there was friendly and very helpful with my situation. If you don't understand anything about something, then they break it down to where you can. Overall a great firm and I would refer everyone to them.
Justin Gholston
Extremely professional firm from day 1. I appreciate their hardwork in handling my case and most importantly I appreciate the consistent feedback. Josh, Nolan and Mindy thank you for your awesome support and service.
Joanne Christiansen
I am so glad I picked Vasilaros Wagner to help me when I was rear ended. They took care of everything for me. They called me once a week to see if I had questions and with updates. They really care about their clients. I would recommend them to anyone injured in an accident. Everyone was very professional and supportive.
Patrick Green
They helped me get what I deserved and treated me very respectful would recommend them to anyone
Nick
Josh and his team where Absolutely amazing they made an Awful Experience into something that made me Whole again ! Amazing communication from his entire staff. If you’re looking for a personal injury attorney look no Further he Gets Results !!!
Ryan Hickman
Wagner has to be the best attorney ever. This whole office handled my case with care and integrity. From the ladies who answer the phone to the attorneys assistant. They managed my lawsuit with aggressive litigation and caring for my health. I would use them again!!!! Got a settlement within 3 months!
Gina Hall
Highly recommended. From the moment they took my case, they were professional and responsive. The firm contacted me weekly to ensure I did not have any questions. Talk about service! The staff is polite and always there to help whatever my question. I couldn't have asked for a better law firm to help me during my accident.
Jorge Alvarado
The staff was very attentive throughout the whole process, always willing to answer questions and keeping me informed all along the way. Thanks to all involved.
Colleen Foley
Had a great experience and everyone was very kind and helpful along the way.
sally oyer
In a very stressful situation Josh and his stellar team have been a true blessing! I highly recommend them!
Reya Wright
They work every hard on my case and I thought they were ever nice and I could tell they wanted the best for me. They did a great job.
Karen Lawrence
Josh and his team are great. They assisted me and answered my questions from the first day. Vasilaros and Wagner were recommended to me by a coworker and I am glad that I used them on my case. They worked diligently on my case and made me feel at ease. I would highly recommend their firm to anyone who needs a good accident attorney.
Jason Alfano
All i can really say about Josh Wagner, is that he is an outstanding member of our community. Josh is always ready to fight for what if fair, no matter what the circumstances. Its been a pleasure watching him evolve over the years... Thanks Josh Wagner
Andrew Hall
Very responsive and professional!
Phillip Alexander
I truly am amazed at how on top of things this law firm is! This team gets things done and if they tell you something is going to happen you better believe it's happening! I will never use anyone else and neither should you!
ALICIA HEARD
I recommend this law firm to anyone who is looking for a personal injury lawyer. Everyone was so pleasant, attentive, and professional. They kept me updated on every aspect of my case at all times. Thank you Vasilaros Wagner!
Jamesha Whitmore
Very Great service everyone was helpful and understanding.
Brianna Williams
They are a great help! Thank you so much for everything! I highly recommend going to them!
Austin Lewis
Wonderful experience. Everyone I worked with was upfront and honest about the entire process, they were great at explaining each step. They stayed on top of the little details and were prompt to respond to any questions I had. I will be sure to refer everyone I like to their office.
Sandra Newton
Steve did an awesome job for me he took a cut in his fee just so I would get more money. I don't know any lawyer that would do that. I would recommend him to anyone. It's not all about the money for him he really cares about his client's. Thank you Steve for all you did for me and my family .Sandra Newton.
Anna Thomasson
I'm very pleased with my experience with Vasilaros Wagner and their whole team. Very helpful, timely and truly care about their clients.
Matthew Young
I cant say enough about Josh Wagner and his team. Even when I felt I was being annoying thr answered all my questions with a smile. They kept me appraised to what was going on and got me a significant settlement for my accident. If you need a lawyer go here
Girl Life
Waiting for outcome to provide a five rating. Josh is always available when I need an answer though. Him Nina and Bebe
Joy Nash
My name is Joy Nash. I have been using Josh as my attorney before Vasilaros/Wagner. This is my 3rd time using him and I always have a great experience. I referred him to all of my family members including the ones who live in Miami and he was able to help them as well. Thank you !!
PASTOR JAMES EDWARDS JR
If you want an Attorney and staff that cares...I mean truly cares about making sure that you receive the compensation that you deserve from your accident as well as proper care for your injuries, Then look no further than Vasilaros and Wagner. I promise you that you will not be disappointed.
Amanda Yorde
I had a great experience with Josh Wagner! The whole process was very simple, he was attentive and let me take my time making decisions about my health, which I really appreciate. I never felt pressured or rushed. My case was settled for much more than I anticipated and I owe it all to Josh! Thank you!
James McCarthy
Josh is a really great personal injury. He responded to all of my questions quickly. Josh made the whole process comfortable and streamlined. If you want the best personal injury lawyer in Daytona Beach, Josh Wagner is the guy! Highly recommend.
S K
I highly recommend this firm. Josh made me feel like family, he walked me through every step and made certain that I understood everything. He is always prompt to return phone calls and/or emails. Josh exceeded my expectations in every way. Be sure to call him if need be.
Corwin Butler
The best.... Everyone is very nice and helpful. They don't stop fighting for you. Friendly staff
Teneshia Maxwell
Very professional staff and very prompt when it's time to help. I appreciate you all for your help!
John Bassett
They were super helpful and always extremely nice and informative, highly recomend them to anyone👍🏻
George Allen
I highly recommend Vasilaros Wagner Law firm. They are the best!!
christopher cassata
Joshua and his staff did a great job. Will use them again if needed. Thank You Chris
A.J Harris
You guys are amazing ! Thank You.
MrKizzle340
Excellent service,always there to answer and help in any way.
Thomas Pierce
Josh is a great attorney. Thanks Josh for your help with my case.
Antonio Frazier
I recommend everyone to seek information on this company!! ASAP! I thank you guys again on the help!!!
Roz White
I will not use that law firm again and I will not be able to tell nobody to go to them no no no no
Travis Utter
Great Firm! They treat you like family and go the extra mile to get you what you deserve!!! Thanks Nolan and Steve!
Graham Gilchrist
Josh Wagner is the best personal injury lawyer you will find. I highly recommend him.
Joe Campbell
Top flight professionals, straight talk and no Boloney...
Jenn Elston
Excellent experience and attorneys you can really count on!
Jon Strang
Great company to deal with.
Michelle Miller
Good attorney , !!
Marlisa Woodley
They are completely Awesome!!!!
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Vasilaros Wagner is proud to offer legal support for both English and Spanish speaking clients. Vasilaros Wagner de abogados puede acomodar clientes que hablen Inglés e Español. 386.777.7777
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