Legal Question in Personal Injury in New York
In Feb. 2009, my 89-yr. old aunt slipped on ice in the parking lot of her apt. complex, ending up in the hospital with a broken right hip and arm. While recovering in a local nursing home, home, she fell AGAIN, breaking her LEFT hip and hand. Prior to all this, she was a fully functioning individual. Now, she's in another (better) nursing home, probably for the rest of her life, her savings all but gone.
Even though this chain of events started in Feb., does my aunt still have any legal recourse against either the atp. complex or the first nursing home?
4 Answers from Attorneys
I am very sorry for your aunt and the terrible ordeal she is going through. It appears as though she may have multiple claims against the apt complex and the old nursing home. In order for me to determine the merit of those claims I need the facts of both falls. Causation may be an issue but until we speak I cannot be certain. I am in the office today so contact me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free consultation. You can also visit our extensive legal resource on the web at www.ny-injurylawyer.com to learn about your rights. We have convenient locations all over New York and can even have an attorney come to you or your aunt for a free consultation. Time is of the essence so do not delay. I look forward to speaking with you and fighting hard for your families rights. You can also email me directly if it is preferred at [email protected].
It is very unfortunate accident. It seems that your aunt may indded be entitled to a compensation, even though it happened in February. However, you need to consult an experienced attorney as soon as possible and if your aunt has a legal recourse, to start an action immediately.
Please let me know if you need further assistance.
Best regards,
The easy question is whether your aunt can still bring a claim. Assuming the apt. complex and the nursing home are privately owned, she has 3 years to initiate a lawsuit. However, if any of these accidents occurred on property that is government owned (be it the county, state, etc.) then a notice of claim must be filed within 90 days of the accident. Otherwise, negligence must be shown in order to bring a lawsuit. Feel free to contact me to discuss this further. You can email me at [email protected] or call my direct line at 516.622.0428.
Hi - I am very sorry to hear about your Aunt's unfortunate circumstances. It is likely that she does have a claim against the apartment complex and very likely that she has a claim against the first nursing home. Considering her advanced age it is important to consult with legal counsel as soon as possible.
It is also important to be certain that whomever your aunt retains has experience handling ice removal cases and nursing home negligence cases. I have experience handling both and would be happy to speak with you about the case and provide you with a free, no obligation consultation.
Feel free to give us a call at 212-962-1031 anytime.
Patricia Martin-Gibbons
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