Pain & Suffering/Negliglence Lawsuit?

Question

I live in the State of New York. I live in a apartment build, well it is a house with two apartments. There is only one entrace and that is the same entrace you use to exit. Before you can go inside the apartment, you got to step on to the porch. The porch used to have two post for you to hold on to. But now it has one. because the porch is no good....and that post had rot off until it just broke off. Instead of the landlord/owner fixing it, which would probably take up 10-15minutes of his time and a few nails and screws. he just layed it along side the porch. It has been broken since Sept of 2006. It is now winter over here and the steps on the porch steps has ice and snow and it is very slippery. One morning i was walking off of the porch and slipped and broke my arm. If that post was there i could of had some support to hold on to so i wouldnt have fallen, but that wasnt there and i landed on my arm and broke it. Could I sue my landlord for negligence and pain and suffering? Also if i have pictures and people such as the mail carrier and other tenants to back my story up about it being broken since Sept. of 2006.

Answer 1

You bet you can. Actually, you can sue anyone , at any time, for anything.

Call a personal injury lawyer out of the yellow pages of your phone books. Expect to pay from 20-33% of your total settlement to the lawyer. 33% used to be average, but many are asking less these days.

You're situation is what injury loss and litigation is all about!

Good Luck...

Answer 2

Remember this rule, you can sue anybody for anything, however, it doesn't mean you are going to win. Along with this basic rule of thumb is that even if you do win, you still have to collect your winnings.

You have a potential claim against the owner of the building. I would say your claim has merit and a good chance of recovery.

You need to decide what steps to take. You may want to simply write a letter to the owner of the building. Point out what happened and include copies of your medical bills. Tell the owner to have his/her insurance provider contact you. Tell him/her that if you don't hear from the insurance carrier within 14 days, you will go see a lawyer.

If you don't hear from the insurance carrier, start calling lawyers. You will find one who is interested in making some money. I think you have a decent claim considering the circumstances.

If you hear from the carrier, tell the adjuster your story. Don't embelish. Did you miss work? Was it your dominant arm? Lose sleep because of pain? Take meds? If so, what meds did you take? Mileage to and from doctor and pharmacy? Add up what this cost you - including med bills.

Don't forget that if your health carrier paid any of your bills, you must reimburse them for what they paid.

Slip and fall cases are a dime a dozen but yours has a decent chance. Six weeks of pain/cast, etc. Should get you some decent money. Just a guesstimate - $10,000 or so, assuming your bills are around $3000.00. Now remember, this is pure guess.

Good luck.

Answer 3

You need to have your witnesses and pics of the porch to show the broken rail. You can sue by either going to a lawyer or small claims which actually has a reward limit of like $5,000. If you sue using a lawyer, you may end up with a bigger reward, but your lawyer and the physical therapist he sends you to will end up with a huge chunk of it.

Answer 4

Though not thoroughly familiar with New York "Tort" laws...it DOES seem to sound as if you have a potential lawsuit against the landlord.

Your best bet is to contact an attorney familiar with the laws of your state concerning landlord responsibilities. Most attorneys who see that a potential lawsuit will favor their client will provide their services on "contingency" meaning they will obtain the payment of services once you win a case!

There is certainly a potential avenue to pursue against the insurance company for possible payment for your injuries.

Hope you get better soon!

Best wishes.