Most personal injury cases involve an at-fault party who was negligent and a victim who has suffered losses due to the at-fault party’s negligence. The at-fault party is usually another individual who was careless in going about their day.
But there are instances where the at-fault party is the city itself. You may be wondering how that happens.
Personal injury lawyers have come across plenty of cases where the negligence of a government agency led to an accident. Filing a personal injury case against a fellow citizen is easy. But the same cannot be said for a city or a government agency.
This article will talk extensively about how to file a personal injury case against a city and the common complications involved. Read on.
First things first, finding out whether you have a valid case against the city is tough. Slipping on a sidewalk that is poorly maintained or colliding with an on-duty police officer who ran a red light are two instances where the city can be sued. Medical malpractice committed by public healthcare workers and getting attacked due to a lack of government security are valid reasons as well.
File a Notice of Claim
The first step in initiating a lawsuit against the city involves filing a notice of claim. The notice of claim is a formal notification that a lawsuit has been initiated. It must follow a specific format, failure of which leads to the claim being rejected.
The notice of claim must be addressed to the individual parties that were responsible for your injuries and sent via certified mail. In addition, you must also send the notice of claim to the government entity that is responsible for receiving all the notice of claim forms.
The notice of claim contains information like:
- Your contact information
- Location of the accident
- Date of the accident
- The nature of the damage and injuries you suffered
- Expected compensation
The format for a notice of claim varies based on the state of residence. A notice of claim in the wrong format will be rejected. Drafting a notice of claim with the help of a lawyer is recommended.
Once the notice of claim is filed, you’ll have to wait between 30 and 120 days before filing a lawsuit.
Notice Claim – Acceptance and Refusal
The government will review the notice of claim and will either accept or reject it. Claim acceptance means that you will receive the compensation you requested. But this rarely happens. Your claim will be mostly rejected by the government. At this stage, you can file a personal injury case against the city.
Proving Negligence
Just like in other personal injury cases, the plaintiff has to prove that
- The city owed a duty of care
- The city breached its duty of care
- The breach of duty of care caused the injury
- The plaintiff suffered actual injuries
Your lawyer will be of great help in this, as it involves gathering and reviewing evidence. This includes:
- Medical records
- Witness statements
- Photographic and videographic evidence
- Bills for repairing/replacing damaged
The Negotiation Process
Like most personal injury claims, you’ll also have to go through a negotiation process. This involves your party and representatives from the government making and rejecting offers. The process continues until an agreeable solution is reached.
Challenges
Unlike other personal injury cases, successfully suing the city and receiving compensation is an uphill task. The following are some of the common challenges you’ll face when suing a city.
- Immunity: Also called sovereign immunity. Although it varies from state to state, sovereign immunity prevents the plaintiff from filing a case for certain injury claims.
- Scope of Employment: You’ll have a strong case if you were injured by a government employee who was performing his duties as mentioned in his employment contract. If not, the case will be against the employee rather than the government.
Final Thoughts
Suing a city is difficult. But that doesn’t justify you having to suffer in silence. Don’t hesitate to consult an experienced personal injury attorney if you believe you’re a victim of negligence.
Whether it’s an ordinary citizen, a member of law enforcement, or a government employee, you must fight for justice to recover the losses you have suffered.
