Legal Question in Personal Injury in New York

Re: Deep, concealed pothole causes severed tendons

You are in the City of New York. It requires a Notice of Claim within 90 days and prior written notice of the defect.

As time is of the essence, feel free to give a call (212-764-5428) to discuss this so that his rights are not lost.

Good Luck

RRG

Re: Deep, concealed pothole causes severed tendons

It depends on where the accident happened. As a starting point, your boyfriend will need to file a Notice of Claim, within 90 days of the accident, against the municipality where the accident happend. However, most municipalities have laws that protect them from liability in these cases unless they had actual written notice of the dangerous condition. In NYC, the Trial Lawyers Association has a group that actually goes around looking for street defects and then files maps of them with the City. Therefore, if the accident was in the City, your lawyer would get the most recent map for the location. Also, NYC has a specific law that requires manhole covers to be flush with the ground. This would also have to be investigated. In addition, a lawyer would look to see if liability could be assigned to the abutting landowner. This often requires creative thinking. Perhaps failing to clear the leaves could play a role. In any event, these cases require investigation and therefore your fiance should retain a personal injury lawyer ASAP. For example, pictures of the scene and your finace's injuries should be taken. My firm handles these types of cases on a contingency basis and we usually hire an professional enigeer to assist the case preperation. You and your fiance are welcome to call me to discuss the case at 212-622-7180. Good luck and I hope the recovery goes well.

Re: Deep, concealed pothole causes severed tendons

It would most likely be filed against the owner of the manhole cover, as well as potentially the local municpality.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Deep, concealed pothole causes severed tendons

Depending on the location of this accident, your fiance would potentially have a case against the owner of the manhole, usually a local utility (i.e. Con Edison) and/or the local municipality (i.e. City of New York) who "owns" the streets throughout the City.

In a case (or potential case) against the City of New York, it is imperative you contact an attorney immediately, because a Notice of Claim (document telling City about the accident) must be filed within 90 days of the happening of the accident.

If you would like a free consultation regarding this case or any other please call me toll free at (877)NYC-LAW1.

Re: Deep, concealed pothole causes severed tendons

My best wishes for a complete recovery.

The first thing you must do is file your 'notice of claim' against the city. You have 90 days to do this. Afterwards, you may interview lawyers at your leisure to find one that best suits your needs.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.