How long I have after a personal injury to sue?

Asked over 1 year ago - Bronx, NY

I live in a NYCHA building, I was 8 months pregnant and I tripped and fell due to the sidewalk being damaga

Attorney answers (14)

  1. Craig A. Post

    Contributor Level 17

    14

    Lawyers agree

    Answered . If it is a NYCHA walkway or a NYC sidewalk, you have 90 days to file a notice of claim and one year and 90 days to commence your action. Do not attempt to go it alone. Get whatever medical treatment you require and see an attorney right away.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Jeffrey Ira Schwimmer

    Contributor Level 19

    8

    Lawyers agree

    Answered . Mr. Post has given the correct and important information for you to act in your best interest. If it is still within 90 days of the date of your accident, DO NOT DELAY - get in contact with an attorney to file the necessary 90 day notice of claim. Depending on the facts, and exact location, you may need to file a N.O.C. with both the N.Y. C.H.A. and the City of New York, to protect yourself.

    Jeffrey I. Schwimmer, Esq.
    20 Vesey Street - Suite 1200
    New York, NY 10007
    (800) 370-3010
    JSchwimmerEsq@verizon.net

  3. Anthony A. Ferrante

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . Im sorry to hear about this incident - hopefully there were no complications with the remainder of the pregnacy and the baby is well.

    As mentioned, you have 90 days from the date of your accident to file a claim against either the City of New York or the NYCHA. If no claim has been filed an attorney can ask the court for permission to file a late notice of claim, but those motions are difficult and will only be made if your injuries are significant. This motion must be made within a year and 90 days of the accident and a lawsuit must be filed within that same time frame.

    This type of matter should be investigated immediately as very specific details are required. If you are within these time frames and you have sustained injuries it is recommended that you immediately contact a local injury attorney.

    Use the Avvo " Find a Lawyer" tool. Good luck.

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an... more
  4. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Answered . I hope you and the baby are well. Mr. Post is correct.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  5. Robert Bruce Kopelson

    Contributor Level 20

    5

    Lawyers agree

    Answered . Contact a lawyer today if possible. Dont blow the time requirements for claims.

  6. David B Pittman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need to hire an attorney as soon as you can There are strict timelines for which you have to make a claim. The lawyer can advise and represent you as well as help you secure evidence as to what happened to cause you to fall. Good luck!

  7. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . If it is a NYCHA walkway or a NYC sidewalk, you have 90 days to file a notice of claim and one year and 90 days to commence your action. Most firms that do this work can file a notice of claim on very short notice. The information can be taken over the phone, if you are not yet mobile. Do you have photos of where the accident happened?

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Make sure a notice of claim is sent by a local lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. James D. Kiley

    Contributor Level 13

    2

    Lawyers agree

    Answered . Take photos. Speak to a personal injury attorney immediately. You must file a Notice of Claim with the NYCHA ( and possibly the City of New York) within 90 days of the accident.

    This communication does not create an attorney/client relationship. My firm is a second generation family firm... more
  10. Steven Miller

    Contributor Level 10

    2

    Lawyers agree

    Answered . The 90 day, 1 year and 90 day information you were already given is correct, however there may be a situation where the 90 day time period can be extended by the Court. Call an attorney at once. If the defect causing your fall is the responsibility of a party other than a municipal corporation, you may have more than 1 year and 90 days to sue. Again, contact a personal injury attorney at once.

    This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during... more
  11. Michael Wayne Goldstein

    Contributor Level 9

    2

    Lawyers agree

    Answered . the other attorneys are correct. The other question is what injuries did you sustain in this accident?

  12. Brian C. Pascale

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Was a Notice of Claim filed? You do not mention when the accident occurred, but you must file a Notice of Claim witin 90 days of the accident.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
  13. Michael J Palumbo

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 3 years from the date of the accident. What were your injuries?

  14. Carmen S. Giordano

    Contributor Level 9

    1

    Lawyer agrees

    Answered . All good answers. If this happened awhile ago, beyond the 90 days, you still may have claims against a third party. For instance, if it was a contractor or ConEd that damaged the sidewalk during some type of repair, you may have claims against them. Additionally, in some instances, you can move ("nunc pro tunc") to have a late notice of claim deemed timely. In any event, you should not wait and consult a competent attorney immediately. Best of luck and I hope you and the baby are well!

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