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How much should I ask for?

Bronx, NY |

I had a slip and fall on ice in front of a 1 family private house which resulted in a sprained wrist , sprained knee , and lower back pains . I went to the doctor and have been told the estimated cost for the exam and x - rays ( if i want an x - ray ) will cost about $ 2000 . i work as a dog walker and will probably lose out on 1 or 2 weeks of work because of having to stay off of the injury which is about $ 500 - 1000 . It seems most attorneys aren't interested unless something is broken . How much should I ask for if I cant get an attorney interested in this as it's considered small ?

Attorney Answers 10


  1. If this is a one-family house in NYC then the City is still responsible, not the homeowner. You need to serve a Notice of Claim on the City within 90 days of the fall. More likely than not the City will ignore you and you will have to sue within 1 year and 90 days of the accident. Unless you have big injuries it won't be worth it. The exception to the above is if the homeowner shoveled the snow and made things worse.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. You are correct most lawyers are not interested unless there is a broken bone. So if you can find out who has the liability insurance on the property, contact them, and make a claim for your out of pocket, lost wages, and pain and suffering. If you cannot do that sue the homeowner in small claims court for the maximum amount allowed. Best of luck!


  3. Most personal injury lawyers do a cost benefit analysis to try to determine the amount of work plus expenses versus the likelihood of winning times the anticipated amount of the recovery. If the numbers do not add up we turn cases down. You have a limited injury and unless there is a serious injury (an operation or a fracture or a substantial loss of income with medical treatment) than it is not financially worthwhile for the lawyer to undertake the action. Also, it depends on whether the city or the private landlord is responsible. Good luck in trying to either find an attorney or obtaining a reasonable settlement. How much it is worth depends on the medical records, and your lost wages and expenses versus how reasonable the insurance company or the city of New York is.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  4. Snow and ice injury cases present challenges.

    I defer entirely to the good New York attorneys who have responded to your question because they are experienced and because these cases depend heavily on state law and the intricacies of the facts of your case. My contribution is the link below to an article on the challenges raised in snow and ice injury cases: [Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  5. The biggest problem I see with your posting is that your damages are uncertain and you have very limited out of pocket expenses and no loss of income. You'll never find a lawyer to even look at your case if your injury goes undiagnosed. That you "may" lose time from work or that an x-ray "may" cost a certain amount is meaningless in a personal injury setting. If you want to be taken seriously by a lawyer or the homeowners insurance company, you at least need to know the extent of your damages.

    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.


  6. Best bet is to call one of the lawyers in your state who answered above to investigate. Good luck.

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


  7. I think your larger problem is liability. In NYC, the owner of a one family home ( if occupied by the owner) owes no duty of care to third parties for injuries on the public sidewalk. There might be fact specific exceptions to this, in situations where the adjoining homeowner engaged in a cleanup and affirmatively created or worsened the condition. Very difficult case. Its the City's sidewalk and you cannot prove liability against the City without evidence of prior written notice of the dangerous condition which, in the case of snow and ice, is virtually never. Again, under certain facts, the City can be liable where it undertook to remove snow and created a dangerous condition. No significant damages and weak case on liability means you'll probably have a hard time finding an attorney to take the case. In that event, its worth whatever your able to get.

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900


  8. Why was there ice in front of the home? What caused the ice to be present? Is there a least that drains onto the walkway? Did they shovel and leave piles of snow that melted and re froze? In New York single family homeowners are exempt from liability under the administrative code unless they use the home for a commercial purpose or created the condition. Take photos of where you fell and the frontage of the home and walkway. Call a lawyer. A bad sprain may be more long lasting then a fracture.

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