Legal Question in Personal Injury in Oregon

Compasation for injury

I tripped on the edge of an un-even cement plate on the side walk and fell on my face . It happened two weeks ago in the early morning and I was badly hurt. A man helped me and took me home but I didn't take his name and phone number. Can I still sue the city without the withness for what had happened 2 weeks ago? I need to x-ray my hand because it hurts more now and I don't have health insurance. The general check up and cleaning my wounds at a local clinic have already cost me $150.


Asked on 7/16/09, 4:24 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

Re: Compasation for injury

You would not sue the city; you would sue the property owner. Sidewalks in front of houses are on private property. Most homeowners have some personal injury liability coverage in their insurance policies.

Yes, you can sue without a witness, but your ability to win the case will depend on whether the judge or jury believe your statements that you tripped at that particular location.

Why not post some notices on utility poles in order to find the witness? It is technically not legal to do that, but if it works for lost cats, why not lost witnesses? But you should first take a lot of picture of the sidewalk defect, so that you have proof of it before it gets fixed.

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Answered on 7/16/09, 8:39 pm


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