Legal Question in Personal Injury in Maryland
Open manhole resulted in my personal injury
I fell recently due to the manhole cover being left off of a manhole at night. My right leg went into the hole up to the knee and I fell onto my left shin as a result. It shook me up, I experienced a great deal of pain. I still have swelling and bruising. The company doing the work on my street was notified and their insurance company called me to get information about the accident. I have since not been able to contact them again to discuss my injuries and damages. I am frustrated and still in pain. I know the company who did the work must be liable in some way. Can I be compensated for pain and suffering or just for hospital costs?
3 Answers from Attorneys
Re: Open manhole resulted in my personal injury
If the insurer for the company responsible for leaving the manhole cover off accepts responsibility, you're entitled to reimbursement for all out of pocket expenses, including income loss, as well as pain and suffering. Rest assured that if you attempt to settle the case on your own, the insurance company will take advantage of you and you will receive considerably less than if you allow an experienced personal injury attorney to settle the case for you. The insurance company may take the position that you are at least partly at fault for not watching where you were going and failing to see the open cover. If that were the case, the law would bar you from recovery under the doctrine of contributory negligence. Since this happened at night, unless the area was well lighted, you should not be held to that standard. I would have to know more about how the incident happened in order to give you a better reading on this.
If you would like to discuss this matter further, I would be happy to meet with you--there is no charge for an initial appointment.
Robert Sher
301 986-4555
Re: Open manhole resulted in my personal injury
You are entitled to pain and suffering as well as compensation for
monetary losses. Pain and suffering can be difficult to place a dollar figure on.
For this and other reasons, you should obtain the assistance of an attorney.
It is conceivable that an argument may be raised to preclude your recovery all together.
Skill and experience is on your side when you contact me. Level the playing field...don't let the insurance company or
the negeligent party be the only party represented by counsel. (410) 799-9002
Re: Open manhole resulted in my personal injury
You may want to make sure of who owns the manhole cover. If it is the municipality, you must notify them of your claim within a certain period of time under the Local Government Tort Claims Act. That may be the reason the insurance company is not returning your calls.
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