riding moter scooter in los altos hit pot hole sustained permanent damage to left thumb also neck injury. can i sue

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riding moter scooter in los altos hit pot hole sustained permanent damage to left thumb also neck injury. can i sue

Asked on June 21, 2009 under Personal Injury, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the pot hole was on private property, like a store parking lot, you can sue.

But if the pot hole was on a public street, you can't sue right away, you'll have to file a notice of claim under the California Tort Claims Act.  I'm not a lawyer in your state, but my research indicates that you have a relatively short time to do this, and there are some very specific things that have to be included in the notice of claim.

In either case, I'd recommend hiring an attorney for this case.  One place to find a qualified lawyer is our website, http://attorneypages.com


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