I was doing laundry in my apartment building. While walking to the laundry room I tripped over a pothole in the floor. I fell on my knee and I was a little disoriented afterwards, so a neighbor helped me to my apartment. I ended up going to the ER immediately and received 27 stitches on my knee, which still hurts to this day.
This incident happened 9 months ago. I got advice from a family friend who happened to be a lawyer and they told me to sue. But it wasn’t an official meeting with a personal injury attorney so I’m not sure. I was wondering if it would make sense to file a lawsuit? Who would I file it against? Thanks for any light you can shed on this case.
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.
You may not have to file a lawsuit. Hopefully at or near the time of your fall you reported it to the apartment management or owners. Even more hopefully you have a copy of an Incident or Accident report completed by management or the owners of the building at or near the time of your fall.
If you did report the slip and fall injury and do have a copy of the Incident or Accident Report, prepare a Notification Letter to the management and owners of the apartment building. Send it certified return receipt requested.
If you neither reported the slip and fall nor have in your possession a copy of the Incident or Accident Report you still have a valid claim. You can still pursue your claim as you would if you had notified the management and owners and received a copy of the Incident or Accident Report.
Without one or both of these items you may have a more difficult time with your claim, especially if you don’t have any witnesses.
In either case if the management or owners don’t cooperate you can either seek the advice and counsel of a personal injury attorney or file a lawsuit in Small Claims Court. Most personal injury attorneys will not charge any fee for an initial office consultation.
Learn more here: Apartment Buildings & Other Rentals
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,
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