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How long I have after a personal injury to sue?

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. 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 intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

  2. 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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  3. 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

  4. 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 attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

  5. 3 years from the date of the accident. What were your injuries?

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

  7. 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!

  8. 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, NY 11710 Telephone -516.512.6333 Email -

  9. 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 successfully handling personal injruy and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" 516 466-7900

  10. 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 a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.

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

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

    Only 29% Contingency Fee! Phone: 215-510-6755

  13. 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 not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

  14. 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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