Legal Question in Personal Injury in New York

slipped and fell on the street.

Yesterday I slipped and fell on the street due to an uneven sidewalk. Today I woke up with pain and swallen ankle so I went to see a doctor and was told I have a sprained ankle. What legal actions can I take?


Asked on 7/01/09, 8:15 pm

3 Answers from Attorneys

Re: slipped and fell on the street.

A simple sprained ankle sounds more like a Small Claims Court matter. You don't say where your accident occurred. There are notice of claim requirements in most municipalities. Generally, such a notice of claim must be filed within 90 days of the accident. In NYC, the property owner may be responsible. For complete answers to your questions, consult an attorney experienced in negligence cases. Best, M. E. Zuller

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Answered on 7/01/09, 10:05 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: slipped and fell on the street.

In trip and fall cases you must first prove that notice of a defective condition was present. Then you must prove what your damages are, i.e., what is the extent of your injuries. You can call or click to speak to an attorney for a free consultation at 1(800)WE-FIGHT www.1800wefight.com. I look forward to fighting hard for your rights.

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Answered on 7/01/09, 11:53 pm
Charles Gueli Law Offices of Charles R. Gueli

Re: slipped and fell on the street.

There are 2 parts to a personal injury action. First you must prove liability. Depending on the condition of the sidewalk and where the accident occurred, it usually isn't too difficult to prove liability. However, the second part - damages - may be more of a hurdle. How many times have you seen the doctor? Where you referred for diagnostic testing? Did you miss work/school? As the accident only recently occurred, it is difficult to tell at this point if you have a case. Feel free to contact me if you wish to discuss this further.

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Answered on 7/02/09, 12:36 pm


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