Legal Question in Personal Injury in New York
Slip and Fall potentially non-permanent injury
While on vacation in Manhattan, I was walking on a street that was open only to pedestrian traffic. The street had been worked on but was not safely repaired. I fell on the uneven pavement of the street. Witnesses who live/work in the buildings directly adjacent to the spot told me that I was the 10th person to fall this summer. The Police Officer and EMTs who assisted me urged me to ''sue the NYC Department of Transportation''. I did go to the hospital and was examined and x-rayed to determine the extent of my injuries. I was fortunate that I did not have a broken jaw or knee. I have been on crutches for days and still have pain when I walk without assistance.
I live in Upstate New York. How do I proceed from here?
3 Answers from Attorneys
Re: Slip and Fall potentially non-permanent injury
Dear Upstater.
As a former upstater myself, born and raised in Rochester but now living in NYC, I was surprised to find that NYC has an efficient method of monitoring defective sidewalks and roadways. Namely, there is an independant company that sends its workers around the streets of NYC and reports defective sidewalks and roadways directly to the municipal government of NYC to make the repairs. If the repairs are not made and someone like yourself is injured, then you would have grounds to sue the city for your damages, including out of pocket expenses, medical expenses, pain and suffering etc.
The catch is, you MUST file a Notice of Claim with the proper authorities within 90 days from the date of the accident. I would suggest that you contact my office via phone and we can discuss the matter in detail and if applicable, we can mail you the appropriate forms and we will serve them to for you. Joelle Jensen 718-816-0005.
Re: Slip and Fall potentially non-permanent injury
Good Day-
In Order to even think about beginning a lawsuit against the City of New York ,you must file a Notice of Claimin the proper form. This MUST be done within 90 days of the occurrence.
After that, the City of New York will notice you for, and you must attend, an Examination under Oath at its offices.
Thereafter, within 1 year and 90 days of the occurence, you may commence a lawsuit against the city.
HOWEVER, unless the City itself created the problem, you must have prior written notice to the NYC DOT of the defect.
Feel free to contact me at [email protected] or at 845-878-2163 or my NYC # 212-764-5428 to discuss whether it makes sense to begin a suit.
Good Luck
RRG
Re: Slip and Fall potentially non-permanent injury
You've been advised about the 90 day notice of claim requirement. If the notice is not filed within 90 days, you have to present a legally valid excuse. If you haven't gotten an attorney, and you are still within the 90 days, you should retain an attorney immediately. If you don't get the notice of claim in, and you don't have a valid excuse, you will lose your right to sue.
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