Am I entitled to bring a a small claim case regarding injuries that I suffered while trying to catch a bus?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I entitled to bring a a small claim case regarding injuries that I suffered while trying to catch a bus?

I was going to catch the bus. I was a hundred feet from the bus stop when the bus arrived. I began jogging to catch the bus. I am 65 years old and carrying groceries in both hands. There was a lady in a wheelchair on the sidewalk, so I moved to the side of the sidewalk to pass by. My foot hit something and I fell and landed on my stomach and face. The bus drive saw me fall in the rearview mirror and waited for several minutes for me to gather my groceries and come get on the bus. A man nearbyhelped me to sit up and he said,

Asked on May 22, 2018 under Personal Injury, New Mexico


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

Answered 4 years ago | Contributor

You will need to document your injuries with medical treatment in order to have a personal injury case.
Contact the City Claims Department to report your injury and follow their procedures; otherwise, you may not be able to file a lawsuit if your claim is denied.  Don't miss any filing deadlines or your claim will be denied.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of wage loss. Those items should be included with your claim filed against the City.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the City, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the City, reject the settlement offers and file a lawsuit for negligence against the City.  Don't file your lawsuit in small claims court because the amount you can recover will be limited by small claims court's jurisdiction.  The lawsuit should be filed in a higher court such as Superior Court.  Your state may have a different name for Superior Court. 
If the case is NOT settled, your lawsuit must be filed prior to the deadline in the City claims procedure or you may lose your rights forever in the matter.
Also, your case must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption