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