Legal Question in Personal Injury in New York

This will be a difficult matter to pursue. When the injury happened did you report it to anyone? Have you received any medical treatment yet? Call me and we'll discuss it. 516-622-0428

I am sorry for your pain and difficult time. A few questions need to be answered before I can determine whether you have a case. First, did your report the accident to anyone at the time the incident occurred? Second, did you follow up with any medical treatment in connection with your injury? Please call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT and you can also visit our helpful personal injury resource at www.ny-injurylawyer.com to answer any questions you may have on personal injury. We have convenient locations all over New York, including Brooklyn. We can also have an attorney come out to you for a free consultation upon request if you are having difficulty getting around.

Thank you for your inquiry.

The simple answer is yes, someone may be held responsible for the defective curb. The municipality where the accident happened is responsible for properly maintaining sidewalk curbs, and can be held liable in Court if it can be shown that they had prior written notice of the defect more than fifteen (15) days before your accident.

This is something that will be investigated and established by your attorneys. I have handled dozens of similar defective sidewalk cases and in my experience I have always been able to establish prior written notice of the defect.

The problem is that when you intend on suing a municipality you are required to file a Notice of Claim within 90 days of your accident. Since your accident was more than ninety days ago and it appears that you did not file a Notice of Claim, you need to speak with and retain an attorney as soon as possible.

Even though you missed the ninety day statute of limitations for the Notice of Claim, you may still be able to file a late Notice of Claim with the permission of the Court if you have a valid excuse and if you hire an attorney and do so right away.

We often offer free consultations and I have a significant amount of experience in this area. We would be glad to meet with you and advise you on whether or not you meet any of the criteria for filing a late Notice of Claim.

Should you wish to schedule an appointment for a free consultation, you may contact me, Patricia Martin-Gibbons, at (212) 553-9167.