Legal Question in Personal Injury in New York

I fell off my apartment roof

I fell off my apartment roof 8 months ago and waited to bring legal action

because I didn't want the landlord to pull something underhanded and

withhold the security deposit(even though it would be illegal, he could trump

something up). Then 4 months after the accident and three months after I

moved out (when we'd recieved the security deposit) I call a couple law firms

and they said that they don't like to deal with cases where so much time had

passed. Is this general policy and if so, what can I do about my almost

13,000 dollars in hospital bills?


Asked on 5/02/06, 8:21 pm

6 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: I fell off my apartment roof

The accident was 8 months ago, that is not too much time passing. There is some other reason they do not want the case. Perhaps, why were you on the roof, etc.?

Keep looking for an attorney and find out why they are not interested in your case.

Read more
Answered on 5/02/06, 8:37 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: I fell off my apartment roof

Feel free to contact me to discuss this. You can e mail me or call.

Read more
Answered on 5/02/06, 8:51 pm
Scott Levinson Korybski & Levinson

Re: I fell off my apartment roof

The statute of limitations for filing a personal injury lawsuit in New York is generally 3 years, so it is unclear why law firms would dismiss your case just because its been 8 months, which really isn't that long. It's also not clear from your question whether your injuries or anything else may have been a factor in those decisions. In any event, I would be happy to discuss this further with you. $13,000 in medical bills would seem to indicate that you really did suffer some injuries. Please feel free to contact me with more details and a further assessment of your case.

Read more
Answered on 5/02/06, 9:20 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: I fell off my apartment roof

If you delayed in reporting a personal injury incident (to the owner and his insurance carrier for the real estate), the absence and unavailability of witness statements, contemporaneous in time with the accident, works to your determinent.

It is also likely, there would be problems with investigating the conditions, that caused the accident. With delay in reporting, there are frequently additional problems connected with intervening circumstances respecting an incident and the damages, that may substanially reduce the percentage chance of a successful lawsuit; and even if the lawsuit was successful, the attorney may not be able fully recover the time costs involved.

Nevertheless, although many attorneys may not be inclined to take the case you described. You should continue to look for an attorney to represent you, in order for you to be made whole.

Good luck,

Read more
Answered on 5/03/06, 12:07 am
David Simon Hogan & Rossi

Re: I fell off my apartment roof

I will echo the sentiments of the others who have replied and add some. 8 months is not a long time. There is some other reason, and it likely has to do with either the perceived value of your damages and/or the degree of any comparative fault. Has the landlord done some work up there since? If so, it may be difficult to show there was a dangerous condition of which the landlord had actual or constructive notice at the time of the accident. Does the landlord have insurance? I'll bet he does - are they worried the landlord's insurance carrier will disclaim coverage based on there being no timely report of a claim? Was the landlord aware of the incident at or about the time it happened? If so, and he never reported it, he may have violated the terms of his policy. Is it a lease violation to be on the roof? If so, the landlord may have a complete defense to your actions. Did you make a full recovery? If so, outside of NYC, personal injury cases are not nearly worth as much if there is no permanency of loss. Feel free to call to discuss.

Read more
Answered on 5/03/06, 12:55 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: I fell off my apartment roof

If you have a hospital record indicating your injuries and that you fell when and where you said you did, I would be willing to take a look at it, feel free to contact me.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 5/03/06, 10:06 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New York