Asked almost 3 years ago - Carlstadt, NJ
FlagIts was about 1030Pm on July 4th and my family and I were waiting for the fireworks at the Stadium. We were parked on the street, I went to get out of the car, I took one step onto the curb and then the next step on the grass when my foot went into a hole. I went in upto my thigh, I cut open my big toe and had a few bumps and bruises. What can I do???
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Your question did not indicate if the property upon which you were injured is owned privately or by a governmental entity, If the incident occurred in NJ and the property was owned, managed or under the control of a governmental entity, you must file a Torts Claim Notice with the entity as a pre-condition to any lawsuit. You can receive the necessary form from the particular governmental entity. Usually, the time period for filing a Torts Claim Notice is within 90 days of the incident. Depending upon the governmental entity the time period could be shorter or longer. It is suggested that you file a Torts Claim Notice as soon as possible in any event, even if you later decide not to pursue a claim. Failure to timely file a Torts Claim Notice may bar you from pursuing a claim. Further, be advised that any lawsuit must also be filed within the appropriate statute of limitations period (the time period in which to file a lawsuit) . You should be aware that in order to pursue a claim against a NJ governmental entity your condition must be permanent and the medical expenses must exceed a certain monetary threshold.
If the incident occurred on private property, generally you must file a lawsuit within two years of the date of the incident,otherwise you will be barred from any monetary recovery.
You have not indicated if your injuries are serious or even permanent. You may wish to contact an attorney to discuss the merits of your case and if your case is worth pursuing.
This answer is for informational purposes only, does not constitute the practice of law in any State, and should not be relied upon as legal advice or in lieu of consulting the Law Offices of Todd B. Eder, P.C., or other attorneys as each case is unique with differing facts, deadlines, legal approaches and conclusions.
Your posting did not mention any medical treatment, which would be a prerequisite to an injury case to document the injury and to establish the extent of damages. If you had no treatment, then you have no case. If you received medical treatment, then please understand that personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
If you were in Illinois I would tell you that first, an attorney needs to know what was the hole for or where it was, whether it was lit, whether there were signs around it, whether there was a cover which was moved etc... there is a need for a lot more information than you have given. Further, If you were in Illinois I would ask you what are your medical treatment? If you have not received any treatment, your case if any exists, will be very small.
The short answer to your question, if you were in Illinois, would be to have a free initial consultation with a personal injury attorney so as to find out in a more direct way whether yoiu have a case.
I hope this helps-
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information and for entertainment purposes. This answer does not create an attorney-client relationship. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.
