I am sorry to hear about the accident. Based on the facts that you have given me, you may have a claim against the property owner for premises liability. Property owners, including the city of Duluth, are required to maintain their property in a way that keeps others safe. If a person is using the property in a normal way, and is injured because of the unsafe condition, the property owner may be responsible for the accident. In you case, the city may be responsible for compensating you for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) the damage to your car, (5) any permanent impairment, and (6) inconvenience and loss of enjoyment of life. If the city knew that the property was not safe and failed to repair it, you may even be able to collect punitive damages, which are intended to punish wrongdoers who act in a particularly heinous way that endangers others.
You should consult with a personal injury attorney who has experience handling premise liability cases. An initial consultation with any good personal injury attorney will be free, and an attorney will be able to tell you what steps to take next. I have successfully handled some similar cases, and I would be happy to talk to you about the accident. While it can seem bewildering, an experienced attorney will know exactly what to do so that you can get all the help that you need.
In the meantime, make sure to follow up with the doctor as necessary, for two reasons. First, and most importantly, follow up visits will ensure that your leg heals properly. Second, people (claims adjusters, attorneys, and even jurors) are often suspicious of those who claim to be injured but fail to follow their doctor’s treatment plan. If you need assistance obtaining medical treatment, I may be able to help. I have relationships with several local doctors and have been able to arrange for my clients to obtain medical treatment at no cost to them, with the understanding that the client will reimburse the treatment providers once the case settles or we win at trial.
Finally, please do not speak to anyone in person or over the phone, except police, about the accident without an attorney present. Insurance adjusters and are trained to minimize the damages an injured party can recover and may try to get you to admit fault in the accident. I wish you the best of luck and feel free to contact me with any other questions you might have.
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