Legal Question in Personal Injury in New York

I fell down the stairs in a nyc subway station about a month ago. I didn't call for medical assistance in the train station, instead I went to the hospital with the help of a friend that was with me. I suffered from a bad sprained ankle that resulted in me missing some days of work ask well as physical therapy. Can I sue if I didn't obtain medical help at the site of the incident?

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Asked on 6/28/10, 10:00 am

2 Answers from Attorneys

You can sue but your damages may not be large enough injury to warrant the time and costs that go into a law suit. In addition, you need to prove that you were injured because of the Transit Authority's negligence. You didn't say why you fell in your question. Generally, unless the TA created a dangerous condition, you have to prove they had notice of the condition that caused you to fall. Also, the TA is a very difficult defendant to deal with and they don't usually settle so easily especially in cases where the accident was not reported to them at the time. Be advised that you must serve a Notice of Claim on the TA within 90 days of the accident in order to preserve your right to sue the TA. Please feel free to contact me if you wish to discuss your case. The above is for informational purposes only and not meant as legal advice.

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Answered on 6/28/10, 1:12 pm
Michael Joseph Law Office of Michael H Joseph PLLC

Yes, but you need to file a notice of claim with NYCTA within 90 days of your fall. Additionally, you need to prove NYCTA was at fault, for example, if the stairs were defective or dirty you may be able to sue. Also, a sprain isn't worth much, so if you are still having pain you may want to see an orthopedist for a further evaluation.

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Answered on 6/28/10, 1:18 pm


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