Legal Question in Personal Injury in New York
I was pushed into a shallow pool and hit my head. I was then rushed to the hospital where I had to stay for 4 days due to fractures in my c1 vertabrae. Sent home with a neck brace and not sure what the long term damages will be. A third party told the police on the scene I fell to protect pusher. I am uninsured, what should I do?
3 Answers from Attorneys
If this was a pool owned or operated by a city, town, village or county, you will need to file a notice of claim within 90 days of the accident to protect your rights. This should be done if there is any remote possibility that there was a dangerous or hazardous condition that the operator of the pool was aware of, or if it failed to property supervise people which resulted in your getting shoved into the pool. If you are going to sue a municipality, you need to file that notice of claim and start the lawsuit within 1 year 90 days of the accident.
Aside from the above, the statute of limitations for negligence is 3 years, and 1 year for intentional torts. It is not clear whether you were pushed into the pool by accident, or if you were intentionally shoved into the pool.
Consult a personal injury lawyer to protect your rights. Try to get pictures of the scene. Do not speak to any insurance adjusters without an attorney's advice.
You should speak with a lawyer immediately so the facts and insurance situation can be ascertained.
Please call my office at 212-920-6950 for a free consultation and a referral to an excellent attorney iin the Albany area.
Good luck.
Too many variables here for a simple answer. Make an appointment with a lawyer and be prepared to spend some time describing all the circumstances, in detail. Best, M. E. Zuller
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