What to do if mMy city dug up the tree lawn at my boyfriend’s house months ago but left it uneven and rocky and I fell as a result?

I tripped and fell over it and scraped up my leg and hurt my wrist. Should I contact my city over this?

Asked on August 30, 2013 under Personal Injury, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can contact your city's claims department.  You will need to document your injury by getting medical treatment and obtaining your medical bill, medical report, and if applicable, documentation of any wage loss.

Compensation for the medical bill is straight reimbursement.  The medical report will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bill.  Compensation for wage loss is straight reimbursement.

You will need to follow the city's claims procedures such as not missing the filing deadline or your claim will be denied and you won't be able to subsequently file a lawsuit for negligence against the city.  The usual procedure with claims against a city is that if the claim is denied, you can then file a lawsuit against the city.  Your claim filed with the city should include your medical bill, medical report and documentation of any wage loss.

If your claim is settled with the city, NO lawsuit is filed.

If the claim is NOT settled with the city, your lawsuit for negligence against the city must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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