Visitor Question

Fell in a Pothole…

Submitted By: Cindy (San Diego, California)

I fell in a crosswalk downtown. The cobblestones were removed from the crosswalk making a pothole. I fell hard, badly bruised my knees and jerked my shoulder and neck.

I already filed a complaint with the risk management department and I did go to my doctor. I’m meeting with a claims adjuster today. What can I expect?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Cindy,

The Claims Adjuster will in all probability ask you for a recorded statement. That is perfectly normal. Explain in detail what happened. Answer her questions fully and without exaggeration. She is an expert and is trained to respect facts, and dismiss hyperbole.

Because your claim was filed against a municipality, you are undoubtedly going through an administrative settlement process.

That process can be long and laborious. Unless your injuries were very serious you can count on a settlement which will be quite conservative.

Municipalities are well known for being frugal when it comes to paying claims. Your leverage will be limited. Unfortunately your settlement offer will probably be on a “take it or leave it” basis. If you are not satisfied with the offer you are made you can always consider legal intervention.

If the amount of your medical bills, out of pocket expenses, and lost wages is conservative, hiring an attorney may not be the way to go. The amount you may be left with after attorneys fees may not be what you expect.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 15, 2011

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