Can I Sue the City for My Injury?

Filing a lawsuit against any city can be a challenging task.  Many local laws have statutes that outline the conditions under which a lawsuit can be brought.  These rules mark the thin line between protecting individual rights and shielding the city from expensive and/or frivolous lawsuits filed by the public.  There are a variety of steps you need to take in order to determine if you have a valid case.  The first and foremost is to determine what type of injury occurred and who is at fault.  When suing any government entity (city, state, or federal), there are often special notice requirements involved.  One of the first steps is to serve what is known as a “Notice of Claim” upon the government entity at issue.  Typically, this notice must be served within 90 days of the accident.  The Notice of Claim should generally include the following information:

• The name and address of each claimant
• The name and address of legal counsel
• The nature of the claim (slips and fall, medical malpractice, etc.)
• The time when the event occurred
• The place where the event occurred
• The manner or way that the event occurred
• The items of damage or injuries claimed

The purpose behind the Notice of Claim requirement is to allow the entity being sued to investigate the claim.  Once this is done, there is a short period of time in which you are allowed to file a lawsuit. 

Deciding to File a Lawsuit

It is important to determine the type and seriousness of the injury that occurred before deciding whether or not to seek compensation.  If you slipped and fell on a broken or uneven sidewalk, most cities and towns are responsible for the proper maintenance and repair of the streets and roads within its boundaries.  But it is important to know that some localities place this responsibility on the private abutting landowner.  Typically You must first prove that the City had prior written notice of the defect, or that it actually created the condition. 

Filing a lawsuit can be a very long and expensive process.  Most personal injury attorneys will take cases based upon a contingency fee, which means that you won’t have to pay the attorney money up front.  However, they will take a percentage of any monies collected should your case be resolved in your favor whether by settlement or lawsuit

Determining Liability

Determining who is liable when an accident occurs is a major factor in any personal injury case.  It is essential to the success of any lawsuit and it is the primary focus of the attorney representing the injured party.  Negligence is a legal term describing the actions of a party who did something they shouldn’t have done, or when someone doesn’t do something they were required to do.

The process of proving liability involves carefully investigating the circumstances surrounding the accident.  Quite often, it is not cut and dried and requires significant technical analysis. In order to claim negligence, the plaintiff must prove the following four points:

• The duty of care was owed to the plaintiff by the defendant
• The defendant breached the duty of care
• The plaintiff suffered a loss, damage or injury
• The injury was caused by the breach of the duty
  

Always Get Legal Advice First

If you or any of your loved ones have been injured as a result of negligence by a government entity, it is important to hire proper legal counsel to assist you in navigating the very difficult process in bringing a lawsuit.  An experienced attorney will advise you on what to expect during the course of such a lawsuit.  Choose an attorney who has prior experience handling your type of case.  Make sure that the attorney you hire will always deal with you in a courteous and professional manner while zealously advocating on your behalf.