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    boobie0708's Avatar
    boobie0708 Posts: 2, Reputation: 1
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    #1

    Sep 19, 2011, 11:34 AM
    How can I file a claim on the following injury?
    I fell and tripped on uneven pavement while walking to a restaurant in Gaithersburg, Maryland. I tore both tendons in both my knees and I am scheduled to have surgery to repair the damage.

    Can I sue the city for neglecting the repair of their street?
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Sep 19, 2011, 12:15 PM
    You can always try and sue for almost anything... but winning is something else.

    You have to prove negligence. Are we talking a 1/2" mismatched joint or are we talking a 4" mismatched joint. The point I am making and the one the city will make, is this issue bad enough to rise to what would be reasonibly considered neglect. And that line is not as clear and obvious as you might think.
    boobie0708's Avatar
    boobie0708 Posts: 2, Reputation: 1
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    #3

    Sep 19, 2011, 01:37 PM
    Once I am able, I will return to the sight and take pictures for exact measuresments. I read somewhere, that the city must first acknowledge neglience on their part e.g. this has been a known problem in their city for a while and have not gotten around to reparing it.
    This could be a great challenge on my part.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 19, 2011, 05:47 PM
    Quote Originally Posted by boobie0708 View Post
    ...
    Can I sue the city for neglecting the repair of their street?
    P.I. attorneys take the good cases on contingent fee arrangements. Why don't you ask one if this is a good one?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 19, 2011, 05:53 PM
    Most municipalities have a legal protections that things like potholes and sidewalk problems have to be reported and then not repaired on a timely basis to allow a suit.

    AK makes a good point. This is something a personal injury attorney would take on a contingency basis if there is a case. So go for a free consult.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    Sep 19, 2011, 06:34 PM
    You would first have to hire a good Personal Injury attorney who would send the City a notice of a lawsuit within so many days of the incident. Make sure you do this to protect your right to sue in a timely fashion as some cities have strict cut offs for this notification. Then once that is accomplished your attorney will take the necessary steps to sue them and win you some money for your medical costs. Do this before your surgery!!
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