Legal Question in Personal Injury in New York
Fall during boarding boat
In Sept 2004, my wife and I took a foliage tour to New England. We traveled with a well know travel company. On the second day of our tour, we were boarding a lake boat at a well known New England lake. there were approximately 40 people on this tour. As my Wife, age 74 at the time, and a Breast Cancer Survier by one year, stepped off to board the boad moved and she fell between the boat and the dock. The tour director was right there and offered help. The boat attendent attempted to lift my wife by her left are..and she said please be careful...(that was where she had breast surgery some time earlier...The attendant left and two men on the tour crawled under the dock and raised my wife up...She would have fallen into the lake had her foot not struck a brace on the dock...We went on with the tour as we did not want to wast approx $10,000 we had invested in the tour...In short the leg got worse and she had infections and was not released from doctors care for over 4 months...The boat people did not offer any words of comfort nor have we heard from the Tour company as they said they would investigate and get back with us. Our medical costs were over $7000 and tour and out of pocket was $10000. What should we sue for?
2 Answers from Attorneys
Re: Fall during boarding boat
NYS allows damages for pain and suiffering together with damages for incurred expenses.
If you like, this matter may be commenced in Court here in NY on your behalf as this is where the Court has jurisdiction over the defendant.
In the event that you would like a free consultation, do not hesitiate to contact me at the 845 area code number in my profile (8458782163). I have practice with a concentration in personal injury.
Good Luck to you and your spouse.
RRG
Re: Fall during boarding boat
I am sorry to hear about your wife's accident. You did not specify what state your wife was in at the time of her accident. Laws vary from state to state, but most states allow a claim for physical pain, mental anguish, and medical bills. I think you could also claim--though not necessarily recover--the cost of your tour, since I'm sure the enjoyment of the tour was greatly diminished by the fall. You will need an attorney to help you with this because a lawsuit will probably be necessary. Please remember also that the statute of limitations varies widely (from one year to six years), which means you only have a limited time in which to pursue your claim. You should act promptly.
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