Do I have a claim with the city if my mother fell on uneven pavement?
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Do I have a claim with the city if my mother fell on uneven pavement?
My mother is 76 years old with many health problems. As she was leaving a friend’s house one night she fell on the street face first causing a trip to the E.R. where she suffered from various outside injuries. She fell due to a hole in the street that was not covered or had a sign saying uneven pavement. She currently has 2 black eyes, bruised hands and face, huge knot on her forehead, loose teeth and more. The street she fell on was under construction with no
street lights and little to no signs for precaution. I have taken photos and videos of the street where she fell and also of her injuries from when she got to the E.R and as they progressed. Do we have a claim?
Asked on March 28, 2016 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your mother has a personal injury claim against the city. Contact the city's claims office and follow their procedures for filing the claim and don't miss any filing deadlines. If you follow their claims procedure and the city denies the claim, your mother can then file a lawsuit for negligence against the city. If you don't follow the city's claims procedures and/or miss filing deadlines, the city will deny the claim and your mother won't be able to file a lawsuit against the city.
When your mother completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills and medical reports. Her personal injury claim should include the medical bills and medical reports. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. If the case is settled with the city, NO lawsuit is filed. If your mother is dissatisfied with settlement offers from the city, she should reject the settlement offers and file a lawsuit for negligence against the city.
If the case is NOT settled with the city, your mother's lawsuit for negligence against the city must be filed prior to the expiration of the applicable statute of limitations and/ or the city's deadline for filing the lawsuit or your mother will lose her rights forever in the matter.
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