Is park liable for my injury?

by Amy
(Portland, Indiana)

I was attending a 4th of July 2013 celebration at a city park. I was walking across the grass to an amphitheater when my left foot went sideways in a uneven sloped spot that may have been caused by a vehicle used prior to this day. There are tire marks in the grass.

The spot where the injury occurred is hard to see because of the grass. My left ankle went sideways and stuck causing me to fall backwards. I broke my ankle distal fibula (I think that's what it's called). I had to have surgery on July 8th, 2013. I am on pain pills now, and use a wheelchair and walker. I have a followup visit to the Dr. on July 18, 2013.

Does the park have any responsibility for my injury? How would I pursue compensation for all my medical bills and pain? Thank you.

Visitor Question:
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ANSWER for "Is park liable for my injury?":

Amy (Portland, Indiana):

The City of Portland should be responsible, or "liable" for your injuries. Injury claims against municipalities are pursued differently than those against non-governmental entities. To pursue your civil injury claim against the city you'll first have to file a "tort claim" action.

Some injury cases can be handled without the advice and counsel of a personal injury attorney. Those cases are normally "soft tissue" injuries and include strains, sprains, minor bumps and bruises, and the like.

Broken bones are not soft tissue injuries. They are more serious and require legal expertise. Your attorney will be able to take depositions of city employees responsible for the maintenance of city parks, subpoena city records, and otherwise do a great deal more to assure your claim will be settled for the highest amount possible. Additionally, attorneys have the ultimate leverage tool - they can file lawsuits.

Consult with several personal injury attorneys. Most will not charge for an initial office consultation. You have nothing to lose and everything to gain by doing so.

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.

Best of luck,

Judge Calisi

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