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I fell in Fla. I live in Ny. I need surgery now for my knees, where do I sue Fla or Ny?

Hudson, NY |

I fell in front of my boyfriends mobil home. I landed on the mobil homes property walkway. Who do I sue? I had to cut my vacation short due to pain in ribs,left hand, 2 knees and neck,I went to an orthopedic and he says I need surgery on my 2 knees and then theraphy, what does a case like this go for? how much can I sue for? do I sue in Ny? I am in so much pain, theres timees, I cant stand onmy feet for a long time. where should I start?

Attorney Answers 10


  1. Best answer

    Your case may be worth up to a few hundred thousand dollars, depending on various factors, especially what caused your accident, and the extent of the defendant's insurance coverage. I suggest you contact me, to discuss how the accident occurred, & the defective conditions that caused the accident. Do you have photos of the conditions that caused your accident? Was your boyfriend or some other person or entity responsible to maintain the area where you fell?

    I am a NY personal injury lawyer, however I work closely with an excellent Florida personal injury trial attorney. It seems that your case will be brought in Florida.


  2. Most likely Florida.
    Contact a Florida lawyer near the county where you fell.


  3. Unless your BF lives in NY, you will need to sue in Fla. Even if he is a resident of NY, his ins co can see to move the case to Fla. Fla law would apply in any event. Hopefuly he has ins. You will need to show he was negligent somehow and that led to your fall. You should get a local Fla lawyer asap, so that evidence can be gathered before the physical condition of the premises can be changed. Photos and measurements are often key to establishing liability in fall cases.


  4. Where do you sue? It depends who the defendant is. In order to sue in NY, the defendant would need to have a connection to the state of NY (and even then the defendant could argue that it make more sense for the suit to be venued in Florida). For example, if the Mobile home was owned by a company with a presence in NY, you might be able to bring the suit in NY. What caused you to fall? It sounds like your boyfriend could be a target of the suit. Even if you find someone to pin the blame on other than your boyfriend, that defendant may make your boyfriend a third-party defendant. I would ask people you know in Florida for a recomendation for a good Florida personal injury attorney. Be aware, the mere fact that you fell does not necessarily indicate that someone else was at fault. Your attorney will be able to advise you whether there is anyone to sue after talking to you about how you fell. As to the amount you might be awarded- its really fact specific, but it could in the high six figures if you do require bilateral knee surgery and there is a long and painful recovery process. Some things for you to think about. Hope this points you in the right direction.


  5. Florida. You have to show the property owner was negligent. Contact a personal injury lawyer in the County where you fell ASAP. Take photos of the defect that casued your fall ASAP before it gets repaired.

    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.


  6. If the accident happened in Florida, then Florida would be the best place to sue. Unless the defendant had a connection to NY.

    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.


  7. the value of your case will depend on whether you can prove that someone was at fault for your injuries. just falling by itself will not be enough. you will have to prove that someone caused you to fall. assuming that you can prove negligence, the claim could be substantial. what happened?


  8. Suit must be filed in Florida because this is where the accident occurred.
    It is best to retain a Florida licensed lawyer to handle your case.
    The value of the case will be determined by many factors including what caused the fall.
    Contact a Florida licensed lawyer and either have a consultation on the phone or via Skype.
    Good luck.

    This information does not constitute am attorney / client relationship and is just a general answer to the question posed with the limited facts available. There is no substitute to a consultation with an attorney licensed in your State.


  9. First question - what caused you to fall?


  10. You would have to sue in Florida if there is a dangerous or defective condition that caused you to fall. We believe the SOL for negligence in Florida is 4 years. Feel free to contact us if you need our help in this matter. We can help.

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