Can I still sue the town of Roosevelt Long Island?

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Can I still sue the town of Roosevelt Long Island?

On Thursday night August 31st 2017 I fell in the middle of the street due to no street night light and an uneven pavement. I have a possible fractured ankle. The next day I had someone go take pictures and the night light was put up

Asked on September 6, 2017 under Personal Injury, New York

Answers:

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

Answered 4 years ago | Contributor

Prior to filing a lawsuit against the town for negligence, it may be possible to settle the case with the town.  Follow the town's procedures for filing a claim and don't miss any filing deadlines or your claim will be denied and you may lose the right to file a lawsuit.
Notify the town's claim office in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the town should include those items.
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 town, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the town, reject the settlement offers and file a lawsuit for negligence against the town. Again, be sure to follow the town's procedures for filing a claim without missing any filing deadlines or you may lose your right to file a lawsuit.
If the case is not settled, your lawsuit 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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