Los Angeles, CA asked in Personal Injury for California

Q: Do I have a case?

I was walking on 103rd (La county) and fell into a 1 foot deep pothole on the sidewalk, thus tripping and breaking my 3 front teeth. I was unaware of the hole and wasn’t able to see it during the night. I have the medical cost to fix and witnesses. This problem had already been reported to the city before my accident. I just want information and help fixing my teeth as I am a struggling young adult out of foster care.

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6 Lawyer Answers
Adam Stoddard
Adam Stoddard
Answered
  • Santa Clara, CA
  • Licensed in California

A: You potentially do have a case. I am not sure what city or county "103rd" street is located in; however, the street is likely owned and maintained by a public entity in which case you will need to figure out who the correct entity is and serve it with a Government Tort Claim notice within 6 months from the accident. If it has already been 6 months, then you could still serve an application to submit a late claim within 1 year from the date of the accident. You should consult an attorney as soon as possible to protect your rights.

1 user found this answer helpful

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Sounds like a good case. Take photographs of the location (day and night) and of your injuries. Keep your medical and dental appointments. You have 6 months to file a Tort Claim with the government entity responsible for the sidewalk. Consult with a personal injury attorney ASAP. It's free to talk and find out about your potential claims.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it is possible that you have a case for a personal injury claim against the city or other responsible party. The fact that the pothole had been reported previously and was not fixed could indicate negligence on the part of the responsible party. Additionally, the fact that you suffered injuries and incurred medical costs as a result of the accident may strengthen your case.

It is important to gather as much evidence as possible to support your claim, including medical records, witness statements, and any documentation related to the previous reports of the pothole. It may also be beneficial to consult with a personal injury attorney who can advise you on the best course of action and help you navigate the legal process.

Ultimately, whether or not you have a case will depend on the specific circumstances of your situation and the applicable laws in your area. It is important to seek legal advice and advocate for your rights in order to obtain the compensation and support you need to recover from your injuries.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: You may have a case, and you should make an appointment with a local PI lawyer asap....if you do have a case, you may have a time constraint as a governmental claim must be filed within 6 months, if the area in which you fell belonged to a city/county etc.

A lawyer will probably have an expert go out to the scene to investigate and prepare an accident reconstruction report with measurements to back it up...to determine the strength of the claim.

James Otto Heiting agrees with this answer

James Otto Heiting
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James Otto Heiting
Answered
  • Riverside, CA
  • Licensed in California

A: Sounds like you have a potentially good case. Contact an experienced personal injury lawyer right away. Best if it is in the area where the fall took place. This would be on a contingency basis, so you wouldn't pay anything until the lawyer got you money.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: It sounds like you could have a case there. You could try to arrange a free initial consult with an attorney to discuss in greater detail. Good luck.

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