Visitor Question

Injured Ankle from Falling in a Hole in the Street…

Submitted By: Sarai (Brooklyn, New york)

I was coming out of the house and walking towards a cab to go to work. I stepped a foot into the street and twisted my ankle by falling into the edge of a hole. It happened around 4:50am so it was dark The hole was by the edge of the sidewalk, where cars park.

I only got to work for an hour because it hurt so bad. If I put weight on my foot or move it it hurts. Basically I can’t even walk. What should I do?

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.

Answer

Dear Sarai,

The first and most important action to take is to seek medical attention. Your health is the most important issue in this process. You will have up to ninety days to file your claim. As a result there is no rush to either file your claim, or settle it at this time.

File a Claim with the City of New York. There is an administrative process. Your claim will be considered a Tort Claim against the City of New York. Filing a Tort Claim doesn’t mean you are suing the city. It means you were injured on New York City property and want to be reimbursed for your injuries.

If your injuries do not include any broken bones, torn ligaments or tendons, and the result of the fall turns out to be a nasty sprain, you might have some second thoughts about filing a claim.

At a minimum you will have to go through giving a recorded statement to the City’s Insurance Claims Adjuster. From there you will be asked to be examined by one of the City’s doctors. You may or may not want to go through that experience.

The doctors employed by the city are usually not very friendly in their medical opinions when it comes to those people having a claim against the city. The process is set up so the doctors who render friendly opinions to the city usually stay employed by the city. Take care of your injuries and let the process take its course. You will know in good time what you will eventually need to do.

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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