Call Us: Can I Sue The City?
Many cities in the United States may not have sufficient funding to repair their sidewalks, roads, and other infrastructure. This could leave the city in disrepair, which could be a top safety concern for many pedestrians or drivers going through city streets and sidewalks. When roads are not maintained properly, they could lead to cracks, potholes, and broken.
If you have been injured while walking down the sidewalk, or have sustained any type of property damage to your vehicle while driving on the roads in the city, you have the right to get compensated for the damages and injuries that you have suffered from the government.
Many are not aware that if they have suffered any type of injury caused by the city, they could file a claim against the city for their injuries. Many who are made aware of this may learn of this too late, and may lose their right to file a claim against the city.
Personal Injury Lawsuits
You have the right to file a lawsuit against the city in a personal injury civil lawsuit. A personal injury lawsuit occurs when a victim of negligence has suffered some type of physical bodily injury or property damage, such as to their car or to their personal property.
Does the government have a duty?
When filing a claim for negligence against the party, you must have to show several different elements. When you file a claim against the government, you will still have to meet these requirements in elements. These elements include:
- The government had a duty to make sure that the sidewalks, roads, wherever the incident occurred, was safe and to prevent any accidents
- The government fails to follow that duty when they failed to take necessary precaution and repair the sidewalks and / or roads
- Because the city failed to take such precautions, they didn’t cause the accident
- The accident has now left the victim with damages, such as property damage or personal injuries
- The government has a duty and is responsible for public spaces to make sure that no accidents occur while on public roads. If an accident were to occur, the government can be held responsible under a negligence theory.
How can I file a lawsuit against the city?
In order to hold the city responsible for negligence, there are specific steps that you must have to take. Keep in mind that these are general steps, and there are several other steps that you may also have to meet depending on the circumstances of your injury and accident. The general steps include:
- Filing a claim against the city. The claims should go into specifics as to where the accident occurred, how the accident occurred, information of every party involved, and receipts and medical records regarding the damages and injuries
- The city will then either 1) accept the claim, and pay the damages 2) negotiate the damage amount or 3) deny the claim
- Usually, the city of Los Angeles does not always accept and pay out every single claim against the government. Usually, the city will most likely deny the claim or try to negotiate the claim with the victim.
- If the city denies the claim, you then have the right to file a formal lawsuit against the city in court. This will need the involvement of attorneys, especially because legal paperwork must be filled.
- Filing a claim against the city. The claims should go into specifics as to where the accident occurred, how the accident occurred, information of every party involved, and receipts and medical records regarding the damages and injuries
California Tort Claims Act
The California Tort Claims Act takes into account lawsuits filed against California municipalities. This act allows victims to recover a variety of losses, including medical bills, lost wages, pain and suffering, and property damage.
What must I include in my claim?
You must be as specific as possible in your claim against the city government. Some requirements include:
- Your full name
- Your current mailing address
- Your current home address
- The date, time, and place of when the incident occurred
- A detailed description of all your injuries and losses
- Whether you have suffered damages more than ten thousand or less than ten thousand
When you file a claim against the city, the city is put on notice. A claim must be filed in order for you to then file a lawsuit and recover money from the city. If you fail to file a claim against the city, you will not recover any amount.
Government May Negotiate
In certain circumstances, the government will try to negotiate a settlement amount with the victim who has suffered injuries and damages. If the amount that the City offers is lower than the amount you have suffered, you have the ability to file a lawsuit against the city in Civil Court. It is important to recognize your rights, and your right to decline the offer if you feel it is not good enough. Give our car accident attorneys a call today to see how we can hold the city responsible for the injuries that you have suffered.
Have you been injured while walking through the city?
Contact us today for a free consultation to discuss how you can get compensated. Our experienced legal team has recovered millions of dollars for our clients who have been injured while walking through the city. We understand how hard it is, especially because a trip and fall accident or a car accident may not be your number one thought at the time when leaving your house. Accidents could also lead to very severe injuries that need to be treated right away. While you are making sure that you attend all your treatments, we will make sure that we meet all the requirements necessary for your lawsuit against the city.
A claim against the city is somewhat different than a lawsuit against an individual or company. There are a series of requirements that you must have to meet, and if you fail to meet it, then you will lose your rights to file a lawsuit against the city. Make sure that you know your rights, and contact us today immediately to take immediate legal action.
Our experienced legal team is ready to help you every step of the way. We have dealt with municipalities all throughout California, and understand how the claims process works. This is a very specific type of law that should only be followed through with an experienced attorney. Give us a call today.