QUESTION

What can I do if I slip and fall in a small manhole?

Asked on Apr 10th, 2013 on Personal Injury - Michigan
More details to this question:
I took a 15min break from work to go pay a bill. This is a normal route for me. My co-workers and I crossed the street and as we walked down the sidewalk, it felt like someone pulled the street from up under me. According to city workers, the board on top of the hole was rotted from the recent rain and it should've been replaced. The hole belongs to the county, as it has traffic light wires down in it. It resembles a water meter hole, but a little deeper. I sprained my ankle and injured my knee and now I have the scars to show for it. This happened around Thanksgiving in GA 2012 and I have persistent knee pain now. Simple things like getting in and out of the car, using the bathroom, getting up from my desk or out of a chair, all hurt. I did not have pain in this knee before the injury. My medical records can be pulled from my past and I had no issues. I haven't found an attorney that will represent me against the county. I don't know what to do. I have had no contact with the county or city. I feel like they may try to use my weight against me, because I'm tall and overweight, but that shouldnโ€™t matter. I have pictures and the city has now replaced the top with a concrete cover, like all the other holes, like it should've been in the first place. Also, the hole was covered with leaves, so I didn't see it anyway, until I was in it. Like I said, I have pictures and I have witnesses. I was transported to the hospital from the scene. I know the time limitations to file a suit is approaching and I just need some help.
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9 ANSWERS

The time, indeed, is running out: to sue a county in Georgia, you must "present all claims" within 12 months from the event giving rise to your cause of action. Asking for an advice on a New York forum is not likely to advance your position because your claim will have to be prosecuted in Georgia courts, under Georgia laws, and, preferably, by a Georgia attorney. You could, of course, try filing the suit yourself, without an attorney. It will take a lot of your time. You will have to travel to Georgia, more than once, and likely have to stay there for days at a time (once the attorney for the county's insurer realizes that you are a self-represented, out-of-state claimant he/she will make sure that all the hearings, depositions, etc. are scheduled at the least convenient for you dates and times, and then cancel and re-schedule them at the last possible moment - until you can't stand it anymore and give up your lawsuit). Seeing all the mistakes in your paperwork, the opposition will exploit your inexperience mercilessly and shamelessly, and, if your mistakes do not give them ground to have the case dismissed, they will offer you a settlement so ridiculously low that they would never dared to even consider it if you were represented - all the while telling you they are sorry about your pain and assuring you that it is a fair offer, the best you can possibly get... On the other hand, it is possible that the county will offer you a settlement that you will find satisfactory. If you want to gamble on it, go to Georgia and try filing the case. Most courts would even give you some assistance in preparing the paperwork or refer you to a pro bono attorney. Remember that, prior to filing a case with the court, you must send to the county a document called *ante litem* notice under O.C.G.A. 36-11-1. It must be done within a year from the date of your injury, and, in the notice, you must notify the county of your intent to file a lawsuit, and lay out basic information of the reason for your claim. The information about your claim in the notice must be sufficient to give county officials and legal counsel an opportunity to investigate the claim and gather evidence before the suit is filed. Your bet is that, after receiving the notice, the county will offer you a settlement that you might find acceptable. However, if you are not a gambling type, stop wasting time, and find a Georgia attorney who will agree to represent you. If no professional will take your case, it likely means that the case is not worth the money, the time, and the effort bringing and litigating it would take. Most personal injury attorneys work on contingency fees: attorney advances the costs of the case, and works on it without an advance payment; after the case ends in a judgment or a settlement, the attorney gets usually about a third plus expenses; if the case is lost, the attorney gets nothing for his work (and good luck getting compensated by the client for the money the attorney spent on the case out of his own pocket). So, when presented with a claim, an attorney runs a risk-benefit evaluation of the case. If he/she rejects the case, it might be because he/she assumes the contingency fee arrangement and does not feel that the potential outcome is worth the risk. It does not mean that the same attorney would not take the case if you offer the attorney an hourly fee. Don't be shy, ask questions: - How much is your claim worth (in other words, how much money might you win), and how likely it is that you would prevail in court? - What expenses associated with the case you can expect (filing fees, costs of investigation, depositions, and expert witnesses, etc.) - How much would the attorney charge you if retained on an hourly basis? All this information would help you decide whether you want to pursue the case, and whether you want to finance it. If your answer is "yes" to both these questions, few attorneys will decline a case on a retainer.
Answered on Apr 15th, 2013 at 8:24 PM

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I will represent you against the County if I feel you have a good case. There are limitations on the amount of money you can recover from the County but we can deal with them.
Answered on Apr 15th, 2013 at 2:05 AM

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Ronald A. Steinberg
Under Michigan law, you MAY have a case because of the defect in the surface of the sidewalk. I cannot speak as to the law in other states.
Answered on Apr 14th, 2013 at 8:38 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Why does a Georgia highway defect question show up as a Michigan question? Something is wrong.
Answered on Apr 11th, 2013 at 12:27 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Attorneys can only offer legal advice for cases involving States in which they are licensed to practice or they would be committing the unauthorized practice of law. I am not licensed in Georgia, where the incident occurred, so I cannot answer any of your questions or provide you any legal advice. You should re-ask your Question and select Georgia as the State rather than Nebraska. If you believe your time is running short you should contact a Georgia attorney as soon as possible.
Answered on Apr 11th, 2013 at 12:27 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If this hole belongs to the county and if it were covered and not reasonably foreseeable then they should be liable for any real (not imagined( injury. What medical records do you have that show serious injury? What bills do you have? Find you a lawyer outside your county if you think your lawyers are afraid of the local boys. But don't try to sell your case to a lawyer if it is mostly imagined. Lawyers definitely wont take that kind of case. Make sure your doctors are strong on your side in stating what causation was/is
Answered on Apr 11th, 2013 at 12:26 PM

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James Eugene Hasser
I don't know how Georgia Land law works, but in Alabama, you would have to show that the County was on notice of the problem and failed to correct it. My guess is that's your problem there. Ask the lawyers there if that's the case. If so, see if the city workers will help you get that kind of evidence to take to the lawyers. Maybe they will take the case then.
Answered on Apr 11th, 2013 at 12:25 PM

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Municipal Law Attorney serving Paw Paw, MI at Mark A. Manning, P.C.
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I am a Michigan Attorney. I would contact a personal injury attorney in the city where the accident occurred immediately.
Answered on Apr 11th, 2013 at 12:24 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I don't know the statute of limitations in Georgia, but is sounds like you do. It sounds like the county created the hazardous condition, for which they should be liable. But then there are issues such as qualified immunity, comparative negligence, collateral sources and procedural requirements as to municipalities. This is why you need a lawyer. Trying to do something on your own and waiting to see what would happen has gotten you nothing but a year and a half of pain. That's not working. Get a lawyer.
Answered on Apr 11th, 2013 at 12:24 PM

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