As I was leaving work on my way to catch the train I slipped and fell. I was going down the train station stairs into the terminal and I fell. But I got up quick so I was not seen, I continued to walk into the terminal, swiped my metro and went through the turnstile.
As I was downstairs on the platform waiting for the train my wrist was just in so much PAIN, that was unbearable that I started crying and went back upstairs to the booth.
I told the person in the booth exactly what happened and they called the MTA officer and I made an accident report. I waited with the MTA officer for almost an hour for the ambulance to arrive. The MTA officer thought the ambulance was taking too long and asked me if I was able to travel so we went on the train two stops down to the hospital.
After waiting in the emergency room for so long my name was called and I was told I had a broken, actually they said “shattered,” my wrist and it will need surgery. After 5 hours of being in the hospital I was sent home with a full cast from my elbow to my fingers. And I have to return for an X-ray.
What I am wondering is, am I at fault? The stairs were wet because of the rain. I was beyond the green bulb going down the stairs into the terminal, which I was told is state property.
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 must start any claim against the City or MTA by filing a NOTICE OF CLAIM. It must be filed with the City within 90 DAYS or you will forfeit your rights to recover. Below is listed the information required on the Notice of Claim.
Once filed you will be contacted by a City Adjuster. She will attempt to compensate you for your medical bills.
PERSONAL INJURY CLAIM FORM
Claim must be filed in person or by registered or certified mail within 90 days of the occurrence at the NYC Comptroller’s Office 1 Centre St. Room 1225, New York, New York 10007. It must be notarized. If claim is not resolved within 1 yr and 90 days of the occurrence you must start legal action to preserve your rights.
To the Comptroller of the City of NY: I herewith present my claim against the City of New York
TYPE OR PRINT
Last Name of Claimant
Date of Birth
Social Security #
ACCIDENT / INCIDENT INFORMATION
Date of Incident
Exact Location of Incident
Time ( ) AM ( ) PM
Describe how incident happened
Names(s) of Witness(s)
Addresses of Witness(s)
Were Police present at accident site Yes ( ) No ( )
Police Report #
Police Officer’s Names(s)
Please attach photos of accident scene and/or damage if available
Date of First Treatment
Location of first Medical Treatment
Was claimant taken by ambulance emergency room
Name of Hospital
Name and address of treating physician(s)
Describe injury in detail
Name & Address of your Health Insurer Policy #
Total Out of Pocket Expenses
Please attach related bills and receipts
Status on day of accident
Employed ( ) weekly from work Unemployed ( )
COMPLETE IF ACCIDENT INVOLVES A NYC OWNED VEHICLE
Was claimant the owner? If no, name & address of owner
of the vehicle.
Was claimant the Name & Address of Insurance Company Policy #
( ) driver
( ) passenger
Make, Model, Year of Car Claimant was in:
Plate # Registration #
Plate # of NYC Vehicle
Name of City Agency Involved
Signature of Claimant
State of New York
I, __________, being duly sworn deposes and says that I have read the foregoing NOTICE OF CLIAM and know the contents thereof: that same is true to the best of my own knowledge, except as to the matter here stated to be alleged upon information and belief, and as to those matters, I believe them to be true
Signature of Sworn before me this day
Claimant + Signature of Notary
Learn more here: Public or Government Property Injuries
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 with your claim,
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