If you have had an accident while driving your own car or as a passenger in a car in Chicago or any other location, and believe that the accident was caused by a government employee such as a bus driver or by negligence on the part of a government agency you may be considering suing whoever was to blame.
Because this involves a city or state government the rules that govern civil claims are different from those that affect:
- Private individuals
- Businesses
- Other organizations
However, that doesn’t mean it is impossible, just that the time frame allowed to complete a claim is tighter and the procedure much more exacting than with a private party. It is important that you contact an experienced personal injury attorney if considering suing the city or the state after an auto accident.
State and City Laws Regarding Government Personal Injury Claims
Despite the immunity, governments do actually allow personal injury lawsuits against them as long as a prior Notice of Claim has been filed within a defined time period and that it contains all relevant information about your injury.
The form for an auto accident involving a city vehicle or other government property is found on the City Clerk’s website. There are three different forms, so it is important to download and fill in the right one.
A personal injury attorney can help you make sure you have the right form, fill it in correctly, attach all the necessary documentation and do all this within the time limit imposed which is 1 year from the date of the injury. Here's a little more information on statute of limitations and how they can affect your claim.
What Happens Next?
The Notice of Claim is not a civil claim. It is a pre-claim which spurs the city into investigating the nature of the accident and determining liability. There should be a response within 45 days after receipt of the claim form by the City Clerk’s office.
The city may pay compensation straight away, or more likely, deny the claim. If this is the scenario, you then may file a personal injury lawsuit against the city agency or individual employee who caused your injuries through proven negligence.
You have a further 1 year to do this, although it makes a lot more sense to get going with the personal injury claim as soon as you can. The state has almost exactly the same rules regarding claims as the city government.
Filing a Personal Injury Claim for a Slip and Fall Against the City
Slip and fall accidents can take place on city property and there are times when the city is liable for the costs of any injuries. This is typically related to slip and fall accidents when the city has been negligent which caused the accident to take place.
This could happen on a sidewalk or public street where the city is responsible for maintenance and keeping the area safe for public use. Some of the commonest reasons for slip and fall accidents are poorly maintained sidewalks, such as when uneven pavements are not repaired. This can also occur in public parking lots and open spaces like parks. It is the responsibility of the city to keep public areas free of ice and snow so if a slip and fall accident takes place it could be held liable for the cost of injuries to the victim.
What Kind of Injuries Could Occur?
In a slip and fall accident there is a tendency to either fall backwards or forwards and this affects the types of injuries. If you have fallen backwards there is a high chance of damaging your spine or your hips and limbs. This could be anything from bruising to crushed vertebrae in the spine. The latter could lead to devastating consequences and a long recovery time.
Falling forwards, you could encounter a traumatic brain injury if you hit your head against a sharp object. You could even break an arm or leg if you fall in such a way you cannot break the impact as so often happens when an accident takes place without warning. Whatever type of injuries you suffer there will be costs you will encounter like:
- hospital treatment;
- physical therapy;
- crutches;
- post hospital care;
- loss of wages.
Potential Accident Scenarios
These are some of the more likely causes of an auto accident where a government employee or agency was at fault:
- collision with a bus or other form of public transport;
- hit by a vehicle driven by a government employee, such as a police officer or fireman;
- collision with or being hit by a garbage collection truck or garbage cans that have rolled into the street;
- potholes not attended to; accident caused by poor maintenance of a state highway or city street, e.g. lighting not working.
Accidents Involving City Transit
Bus accidents are mostly due to:
- driver error (most common reason);
- maintenance error (could be a spare part defect, such as the steering or brakes.
What to Include in Your Demand Letter Against the City
As soon as you have confirmed that your slip and fall accident was the result of negligence on the part of the city you will have to file a formal notice to the claim adjuster stating your intention to file a lawsuit so that you can claim damages for the slip and fall accident.
This should be done by way of a demand letter. Once this has been sent it becomes the center of focus for all conversations and any negotiations between the city and yourself. It shows that you are willing to reach a settlement if at all possible without having to go to court.
To ensure that your reasons for filing a lawsuit are clear and indisputable you need to include a detailed description about the slip and fall accident in the demand letter. One of the key bits of information is the evidence that proves the city's negligence was the cause of your slip and fall accident. The rest of the details should include the following:
- how the slip and fall accident happened;
- a detailed description of your injuries;
- the medical care given to you so far;
- medical treatment still required;
- expenses and other losses due to your injuries such as loss of earnings.
It is important that the demand letter includes any documented evidence such as photos of the hazard, names and contact details of witnesses. It must be laid out in such a way that it is both detailed and persuasive.
Example of a Demand Letter
“On Saturday 5th June I was walking down Fifth Avenue and slipped and fell on the sidewalk on a patch of oil that I did not see. I fell forwards with considerable force and hit my head on a trash can causing facial lacerations and a severe head injury that left me unconscious.
An ambulance was called by a witness and I spent several days in a nearby hospital (insert name). This stay included x-rays, medication (insert name(s)) and recovery time. When I was discharged I was off work for 4 weeks recovering before returning to work. I was told to attend my physician for an appointment once a fortnight until he is satisfied that I am back to full health. I am now back at work.
I enclose a copy of the costs for my medical treatment.”
Make Sure You Use an Attorney When Suing the Government
A personal injury attorney can help you prepare a Notice of Claim, advise you about time limits and documentation and work through the evidence you have available which can prove that you were injured by a negligent employee or government agency or try yo get you the compensation you deserve.
Don’t try and challenge the party at fault all by yourself. This is where you need all the help you can get.
Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the city government of Chicago or the state government of Illinois, or any other party, you may not be entitled to any compensation.
