Can I sue the city for personal injury if I am already injured?

Asked about 1 year ago - Ithaca, NY

I was walking down a sidewalk with my crutches (I broke my leg playing soccer), and one slab of the sidewalk was around 3-4.5 inches lower than the other one. I couldn't see that from my angle, and i fell down and was in severe pain.

Do I have a case here, or am I just unlucky?

Attorney answers (6)

  1. Eric Edward Rothstein

    Contributor Level 20

    10

    Lawyers agree

    Answered . I don't think short term pain is much of a case. If your fracture is exacerbated it may be worth pursuing. Take photos of the defect. You need to serve a Notice of Claim on the City within 90 days of your accident.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Craig A. Post

    Contributor Level 17

    7

    Lawyers agree

    Answered . As Mr. Rothstein indicates, increased pain may not be worth the time and expense involved. If you've sustained some new injury or have suffered a significant exacerbation of the fracture, it may be worth pursuing. Either way you should consult with any attorney as soon as possible as there are short time frames for filing a claim against NYC.

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  3. Jayson Lutzky

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You may have a case. Consult with a local personal injury lawyer. Need to prove liability and damages.

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  4. David Ian Schoen

    Pro

    Contributor Level 20

    5

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    Answered . It depends on how long the increase pain lasted and if you did any more significant damage and/or injured some other part of your body. If so you need to make sure you file notice of claims within 90 days of the occurrence against any and all municipalities that may be responsible for the construction and maintenance of the sidewalk.

  5. Marco Caviglia

    Contributor Level 19

    4

    Lawyers agree

    Answered . In addition to what the others have advised, be aware that your use of the crutches for walking will be an issue even if the sidewalk defect is blatant.

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  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Doesn't sound like the sidewalk caused much of an injury

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