I was crossing the street in Newark New Jersey at night. I did not see a pothole and stepped in it, breaking my foot immediately. I will be in a cast for 6 weeks and now I can not get around.
Do I have a valid personal injury case?
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ANSWER for "Broken Foot from Stepping in a Pothole...":
Cassidy (Brooklyn, NY):
Yes, you do have a personal injury case. To be fairly compensated you will have to file a “Notice of Claim” with the City of Newark.
Recovering compensation for personal injuries caused by a state or municipality is quite different than recovering compensation from a private entity.
The New Jersey laws related to filing a claim against the City of Newark can be found at Article 59 of the New Jersey Statutes. Article 59 covers several instances of claims against the State of New Jersey and City of Newark.
The New Jersey Tort Claims Act of 1971 is still in effect today. The law requires an adult to file a claim against the City of Newark within 90 days of the injury. Once your Claim is filed the City has another 90 days to respond.
Unlike personal injury claims against private entities where the courts can also allow substantial additional amounts for pain and suffering, claims against the city are normally limited to the amount necessary to compensate the injured party for their medical bills, referred to as “Hard Costs”.
Make sure to complete the Notice of Claim fully. It's important for the City to know how to get in contact with you so that discussions and negotiations about your injury and recovery can be held promptly.
If you run into any roadblocks don’t hesitate to contact a skilled Personal Injury Attorney in your area. Many of them specialize in “Tort Claims”. An initial office consultation is normally free. At the very least you will know your options and the city’s responsibilities toward you.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.