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 14 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


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 AttorneyPages.com 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.

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