City Sink Hole Fall - Lisfranc Injury Please Advise

[Twaspov18]

What is the name of your state? Virginia -
12.28.2019 4:48pm. I happened to be on vacation in Chesapeake, Virginia visiting my parents home located at (personal information removed).

• Event Of The Sinkhole fall took place at approximately 4:46pm. Our rental car was parked in front of my parents house, and my husband X, myself, and my 3 year old happened to be headed out for the evening. As anyone would have done in my situation my husband X was driving so he had gotten in the drivers side of the car, as I was putting C into the baby seat, which is behind the drivers side of the vehicle.
• After making sure C had been buckled in, I preceded to walk behind the vehicle, and as I am approaching the passenger side of the car right before reach the door to the back, fall into a sink hole, which I was not aware happened to be there. Immediately as I wasn’t sure how deep the hole was at the time, I grabbed the back door handle on the passengers side of the vehicle to prevent me some sinking further into the sink hole which happens to be on city property of Chesapeake, Virginia
• That evening, I reached out to the city of Chesapeake to see if we can come up with a conclusion.
• January about the middle as my foot has not stopped hurting, when I walk, run, or do anything that includes activity(I had lost my job so it was hard getting into the dr. But once I got monies I made it to the urgent care. They proceed to X-ray, and mentioned my foot was bruised.
• About March I had an appointment with one of my Doctors, who advised me to see a Podiatrist who he knew. I called to make an appointment with Dr. Y from Medical Clinic, and of course it was about a 3month wait. Which I just tried to stay off of it, as my right foot has given out one me three times since this fall in the sink hole in the City Of Chesapeake.
• 06/17/2019 - went for more X-rays
• 06/18/2019 - had a full exam on my foot, and left with a Diagnosis Of Lisfranc Injury - which will now have me in a made orthotic which I am being fitted for on August 5, 2019. The device is going to take 4-6 weeks to be made. I maybe in this device for a treatment preventative anywhere between 6months - 2 years. Not to leave out that if this treatment doesn’t work it will be physical therapy, with the possibility of surgery.
• When I had spoken to the city, of course they sent people out to put a temporary fix, but I did explain that if my 70 year old parents had fell into a hole like this, they may not even be alive.

 

[adjusterjack]

12.28.2019 4:48pm

I think you mean 12/28/2018, not 2019.

fall into a sink hole, which I was not aware happened to be there

Walking in daylight and not watching where you were going.

When I had spoken to the city, of course they sent people out to put a temporary fix, but I did explain that if my 70 year old parents had fell into a hole like this, they may not even be alive.

Nobody ever gets any money for what didn't happen.

As for you getting any money, here's the law on negligence: You would have to prove that city employees knew or should have knows about the "sinkhole" and did nothing about it. If you were the first one to report it, there is no negligence and no money for you.

That being said, what have the people at the city told you about your claim? What discussions have you had? Any correspondence?

Are you aware that there are special procedures for filing a claim against a government entity and a limited amount of time to do it?

Read them at:

http://www.cityofchesapeake.net/Government/City-Departments/Departments/city-attorney/Instructions-for-Filing-Claims-for-Compensation.htm
These are statutory requirements.

https://law.lis.virginia.gov/vacode/15.2-209/
Failure to put your claim in writing doesn't necessarily bar your claim (according to the statute) but I hope you have something in writing to or from the city that proves that the city is on notice about your claim.

 

[ajkroy]

OP, your message has a lot of personal information in it. I have passed it along to our moderators. In the meantime, I suggest you redact some of the more personal aspects (address, son's full name, etc). We just need the basics.

 

[Twaspov18]

I think you mean 12/28/2018, not 2019.



Walking in daylight and not watching where you were going.



Nobody ever gets any money for what didn't happen.

As for you getting any money, here's the law on negligence: You would have to prove that city employees knew or should have knows about the "sinkhole" and did nothing about it. If you were the first one to report it, there is no negligence and no money for you.

That being said, what have the people at the city told you about your claim? What discussions have you had? Any correspondence?

Are you aware that there are special procedures for filing a claim against a government entity and a limited amount of time to do it?

Read them at:

http://www.cityofchesapeake.net/Government/City-Departments/Departments/city-attorney/Instructions-for-Filing-Claims-for-Compensation.htm
These are statutory requirements.

https://law.lis.virginia.gov/vacode/15.2-209/
Failure to put your claim in writing doesn't necessarily bar your claim (according to the statute) but I hope you have something in writing to or from the city that proves that the city is on notice about your claim.

That was the first thing I actually did, I appreciate your information truly!

 

[NeilTheCop]

On reading your description on the location of the sinkhole and you grabbing the handle of the rear passenger side door I'm assuming that the sinkhole was either in front or behind the passenger side rear wheel.
Did you not notice the car falling into this hole when it was parked, because the front wheel logically had to drive over it?
Just how deep was this 'sinkhole' ?

 

[Zigner]

Please describe your interactions with the city about this matter to date, including specifically whom you have spoken with (by position, not name).

 

[quincy]

What is the name of your state? Virginia -
12.28.2019 4:48pm. I happened to be on vacation in Chesapeake, Virginia visiting my parents home located at (personal information removed).

• Event Of The Sinkhole fall took place at approximately 4:46pm. Our rental car was parked in front of my parents house, and my husband X, myself, and my 3 year old happened to be headed out for the evening. As anyone would have done in my situation my husband X was driving so he had gotten in the drivers side of the car, as I was putting C into the baby seat, which is behind the drivers side of the vehicle.
• After making sure C had been buckled in, I preceded to walk behind the vehicle, and as I am approaching the passenger side of the car right before reach the door to the back, fall into a sink hole, which I was not aware happened to be there. Immediately as I wasn’t sure how deep the hole was at the time, I grabbed the back door handle on the passengers side of the vehicle to prevent me some sinking further into the sink hole which happens to be on city property of Chesapeake, Virginia
• That evening, I reached out to the city of Chesapeake to see if we can come up with a conclusion.
• January about the middle as my foot has not stopped hurting, when I walk, run, or do anything that includes activity(I had lost my job so it was hard getting into the dr. But once I got monies I made it to the urgent care. They proceed to X-ray, and mentioned my foot was bruised.
• About March I had an appointment with one of my Doctors, who advised me to see a Podiatrist who he knew. I called to make an appointment with Dr. Y from Medical Clinic, and of course it was about a 3month wait. Which I just tried to stay off of it, as my right foot has given out one me three times since this fall in the sink hole in the City Of Chesapeake.
• 06/17/2019 - went for more X-rays
• 06/18/2019 - had a full exam on my foot, and left with a Diagnosis Of Lisfranc Injury - which will now have me in a made orthotic which I am being fitted for on August 5, 2019. The device is going to take 4-6 weeks to be made. I maybe in this device for a treatment preventative anywhere between 6months - 2 years. Not to leave out that if this treatment doesn’t work it will be physical therapy, with the possibility of surgery.
• When I had spoken to the city, of course they sent people out to put a temporary fix, but I did explain that if my 70 year old parents had fell into a hole like this, they may not even be alive.

Most sinkholes are naturally occurring, appear suddenly and cannot be predicted in advance.

Without any advance knowledge of the sinkhole or any reason to believe a sinkhole would open up near your car, the city is unlikely to be found liable for your injuries.

You certainly can file a claim against the city to see where it goes. If you decide to pursue a legal action against the city, you probably will find the need for expert testimony.

 

[Twaspov18]

On reading your description on the location of the sinkhole and you grabbing the handle of the rear passenger side door I'm assuming that the sinkhole was either in front or behind the passenger side rear wheel.
Did you not notice the car falling into this hole when it was parked, because the front wheel logically had to drive over it?
Just how deep was this 'sinkhole' ?

The car wasn’t in the sinkhole, the car was on the street. The sinkhole was on the grass the sink hole was about 30 inches deep, it wasn’t a whole when I fell also. I stepped onto the grass, and went down

 

[Twaspov18]

Most sinkholes are naturally occurring, appear suddenly and cannot be predicted in advance.

Without any advance knowledge of the sinkhole or any reason to believe a sinkhole would open up near your car, the city is unlikely to be found liable for your injuries.

You certainly can file a claim against the city to see where it goes but your claim is likely to be denied. If you decide to pursue a legal action against the city, you probably will find the need for (costly) expert testimony.

The city over the past two years had come out to keep patching the whole, and have been advised that there was one, once I informed the city they came out immediately that day, patched it again, and put cameras under the ground needless to say, it opened again, my sister shared this with me

 

[Twaspov18]

Please describe your interactions with the city about this matter to date, including specifically whom you have spoken with (by position, not name).

I have spoken to the city, and opened a claim, to get no where, but now with my diagnosis, a lawyer has informed me to go back and reopen the claim, and submit my doctors bills, and information and treatment,

 

[Zigner]

I have spoken to the city, and opened a claim, to get no where, but now with my diagnosis, a lawyer has informed me to go back and reopen the claim, and submit my doctors bills, and information and treatment,

Since you have an attorney, you should listen to your attorney's advice.

 

[NeilTheCop]

The car wasn’t in the sinkhole, the car was on the street. The sinkhole was on the grass the sink hole was about 30 inches deep, it wasn’t a whole when I fell also. I stepped onto the grass, and went down

Thank you for the clarification.

 

[quincy]

The city over the past two years had come out to keep patching the whole, and have been advised that there was one, once I informed the city they came out immediately that day, patched it again, and put cameras under the ground needless to say, it opened again, my sister shared this with me

That is additional information you did not share previously. Interesting.

It might have been nice for your sister to share the sinkhole problem with you before your accident. You might want to file a claim with your parents' homeowners insurance.

 

[Twaspov18]

That is additional information you did not share previously. Interesting.

It might have been nice for your sister to share the sinkhole problem with you before your accident. You might want to file a claim with your parents' homeowners insurance.

It’s not on there property it is on the city’s property. The city comes out to put a band aid, they aren’t going to be done until someone really hurts themselves a child or an elderly then what it sad. Also this same spot is a bus stop for kids

 

[quincy]

It’s not on there property it is on the city’s property. The city comes out to put a band aid, they aren’t going to be done until someone really hurts themselves a child or an elderly then what it sad. Also this same spot is a bus stop for kids

The grassy sinkhole area in front of your parents' home where you parked your car is also a school bus stop? Interesting.

You could always put up traffic cones yourself, to warn others of the sinking earth.

Good luck with your claim.