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Get medical care first, then contact our NYC pedestrian accident lawyers.
The fall is over in a second, but the case it creates is decided in the days that follow. You are standing in the street, hurt and shaken, and the proof that would support a claim is already starting to slip away. A repair crew can patch the shaft and swap the cover by morning. A nearby building can record over its security video before the week is out. Witnesses scatter, and memories blur.
This post is a step-by-step guide: how to protect your health, how to capture the evidence that goes first, what to avoid saying and signing, and how fast the clock runs when the City is involved.
We'll go after the compensation you deserve. Don't pay a penny unless we win your case. Contact Kelner & Kelner today at (212) 425-0700 or through our website.
Take care of your body first, and let the evidence come second once you are safe. A fall into a shaft can cause injuries you cannot feel through the adrenaline, so accept the ambulance and let the hospital examine you fully, even if you think you can walk it off. A clear emergency-room record, created the same day, ties your injuries to the fall and shuts down the argument that they came from something else.
Once you are stable, capture what you safely can. Photograph the open shaft, the cover lying beside it, and the frame it came out of, and get the letters and markings cast into the iron, because those often identify the owner. Write down the exact location, down to the cross streets and the side of the block. If anyone saw you fall, get a name and a phone number. And if you or someone with you reports the open hole to the city, save the 311 service-request number, because that report becomes dated proof that the condition was there.
You will not do all of this perfectly while you are in pain, and you do not have to. Do what you can, and let our NYC personal injury lawyers rebuild the rest.
Yes, if anything changes, because the most serious manhole injuries do not always show up at the curb. Adrenaline masks pain, and some of the worst harm, a spinal injury, a brain injury, an electrical injury, or a steam burn that keeps developing, can take hours or days to surface. People walk away from these scenes and wake up far worse the next morning.
So do not treat a first clean check as the end of it. If new pain, headaches, numbness, confusion, or a worsening burn appears, go back, because a second visit two days later still documents an injury the first one missed. From a health standpoint, that protects you. From a claim standpoint, it closes a gap the defense would otherwise use to argue you were never badly hurt.
Because the medical record is the spine of the claim, and gaps in it become the other side's favorite argument. Treatment does two jobs at once: it helps you heal, and it builds the timeline that shows how serious the injury really was.
Follow the plan your doctors set. Keep the appointments, the imaging, the physical therapy, and any recommended surgery, and hold on to the discharge papers, the bills, and the records. When a person stops treating for a few weeks, the defense argues the injury must have healed, even when the real reason was a missed paycheck or a long trip to the clinic. Consistent care answers that before it is raised, and an MRI or a surgical report carries far more weight than words alone.
The footage and the physical scene, and both can be gone within days. This is the single biggest reason not to wait.
Cameras on nearby storefronts, lobbies, and ATMs may have caught the cover lifting or the moment you fell, but plenty of systems erase themselves on a short loop. The cover and frame are evidence too, and a repair crew may replace them before anyone measures or photographs them. So are the utility's own records, which is why we send written preservation letters early, demanding that inspection logs, repair tickets, and prior complaints be held rather than purged, and pull the permit history for the block. The earlier this starts, the more of it survives to be used.
A few common moves can quietly weaken a strong case, and the other side often goes to work before you have left the hospital. Steer clear of the following.
None of this is about being difficult. It is about refusing to hand the other side a gift while you are still recovering.
Faster than almost anyone expects. When the City or another public agency may share fault, you generally have to serve a formal notice of claim within a tight window, often as little as ninety days from the injury. The City can then require you to sit for a recorded hearing under oath before any lawsuit is even filed.
That short deadline runs separately from the longer window that applies to a claim against a private company like a utility or a contractor, which is measured in years. When a manhole case might involve both, the shortest clock controls how fast you have to move. A strong claim should never be lost because a date slipped past, so treat the matter as urgent and let us work out which deadlines apply to your facts.
The job of chasing evidence and fending off the other side moves off your shoulders and onto our trial team. That alone lifts real weight from someone who is trying to heal.
We move to preserve the footage, document the scene, and identify the owner of that specific shaft from the cover and the permit history. We send the preservation letters, pull the maintenance and complaint records, and handle the adjusters so you do not have to. We build the medical picture with your treating doctors and the outside professionals we retain to explain a serious injury to a jury. Where the City is in the picture, we prepare and serve the notice of claim on time, and from there we carry the case through investigation, suit, discovery, depositions, and, if a fair number never comes, trial. We build the file that way from day one, because a case prepared for trial is the one that earns a fair settlement.
The clock starts the moment you fall, and the proof starts disappearing right behind it. Kelner & Kelner can begin preserving the evidence and handling the other side while you focus on healing. Call us today, before the street is patched and the footage is gone.
We'll go after the compensation you deserve. Don't pay a penny unless we win your case. Contact Kelner & Kelner today at (212) 425-0700 or through our website.

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