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Can I Sue NY City for a Pothole Accident Injury?

December 10 2019

When you drive in New York City, you naturally expect plenty of traffic, but you may not realize how many potholes are out there. The fact is that a pothole can seem to come out of nowhere, and there is often simply no way to avoid these dangerous defects. Further, potholes can cause serious accidents that lead to serious injuries and considerable property damage. If you’ve been injured in a pothole accident, you need an experienced New York City personal injury attorney on your side.

Protecting Your Rights Post-Accident

If a pothole causes you to be injured in a car accident, there are two steps that you should take immediately to help protect both your health and your personal injury claim. These include:

  • Seek Immediate Medical Attention – An injury that seems minor at the time can blossom into something much more serious and much more difficult to treat. It is in your best interest to accept the emergency medical treatment and transportation offered at the scene of the accident (or to call 911 if necessary).

  • Snap a Picture of the Accident-Causing Pothole – By taking a picture of the pothole that caused your accident, you retain important evidence related to your claim.

Both of these actions will help you memorialize the date, time, and location of your pothole accident, which can prove invaluable in your case against the City.

Filing a Suit Against the City

Filing a successful suit against the City of New York requires effort, but if you’ve been injured as a result of the City’s negligence, your rights are too important to ignore. The filing process includes:

  • File a Notice of Claim – Before you can sue a municipality like New York City, it must be notified and must consent to the suit being instigated. This is done by filing a Notice of Claim, which must be filed within 90 days of your accident and must adhere to specific standards. Your document should accurately depict the specific circumstances of your accident and should delineate the damages you seek.

  • Provide a Formal Statement – Once you’ve filed your Notice of Claim, the City will take a formal statement that you provide under oath.

  • Submit to a Medical Examination – After providing your statement, you will need to undergo a medical examination performed by a medical professional of the City’s choosing.

After these steps have all been taken, you’ll have one year and 90 days (from the date of the accident) within which to file your legal complaint and begin your lawsuit against the City.

If You’ve Been Injured in a Pothole Accident, Consult with an Experienced New York City Personal Injury Attorney Today

If you’ve been injured in a pothole accident, your rights matter and the dedicated legal team at Lipsig, Shapey, Manus & Moverman in NYC is here to help protect those rights. Ours is among the City’s oldest and best-established personal injury firms, and we’re committed to aggressively advocating for the compensation to which you are entitled. For more information, please don’t hesitate to contact us online or call us at 212-285-3300 today.

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