The Dallas city government, like most all cities, ensures that suing it for a personal injury on any of its property is both time consuming and difficult which helps to reduce the number of claims. However, this doesn’t mean you have no chance of winning compensation for an injury that was not your fault, but you should discuss your claim with an attorney who will know what steps to take to ensure you don’t have to shoulder the financial burden on your own. This applies both to claims made against the city and the state government.
City and State Laws Regarding Government Personal Injury Claims
- One of the first things that needs to be done following an accident with a government owned entity is completing a notice of claim. This has to be filed within 90 days of the injury. It should include every detail of the accident injury and any property damage, if applicable, and should include the precise time and place.
- The notice of claim will need to be notarized.
- 3 independently compiled estimates of the value of the property damage need to be attached. The accident report and photographs showing the damage to your property are required too. If your auto has been damaged you are required to include a Certificate of Title copy your medical bills copies with your physician’s report of your medical condition
If your injury was caused by someone employed by the state government, then the process is much the same. Here's a little more information on how to file a claim in Texas.
Accidents Involving City Transit
There’s almost always a bus in sight on the roads and there is a high chance you could be’ involved in an accident with one of them. The sorts of accidents that are possible include:
- Your vehicle rear ending a bus which stops abruptly at a red light giving you no time to stop
- A bus turning sharply right and rear ending the auto in front because the bus is being driven far too close and too fast
- Failing to yield at a red light causing a head on collision with your auto
- Overtaking you while driving too close causing a side-swipe to take place.
Any of these accident situations could cause serious injuries such as broken bones, soft tissue damage, spinal damage and a traumatic brain injury
Filing a Personal Injury Claim for a Slip and Fall Against The City
City administrations are expected to maintain their own buildings and any other property they own but is open to the public, such as sidewalks and parking lots in front of city offices. If you have suffered any kind of accident while on city property you have the right to claim compensation.
Compensation from any city administration can be complicated, but as long as you can establish that your injury was caused by negligence on the part of an employee or a city department, you may be able to obtain financial compensation.
Slip, trip and fall injuries are the most common accidents that can happen in the city. They tend to happen most often on the sidewalks and inside city offices and other buildings open to the public.
Uneven surfaces, ruts and holes, slippery paving caused by a failure to design the sidewalk carefully or remove surface flooding and ice are all common causes of slip, trip and fall accidents and injuries.
Inside city buildings, common reasons why these types of accidents occur are loose carpeting or other floor surfaces, uneven entrances and exits to elevators, poor lighting, and obstacles on the floor in the way of visitors.
Negligence can be proven when it can be shown that a failure to fix a known hazard or maintain an important city owned asset is the direct cause of the accident.
What Kind of Injuries Could Occur
Injuries from a slip and fall accident are varied. They range from minor bruising and cuts, right through to major injuries such as traumatic brain injury and spinal injury. Injuries depend partly on the response of the victim to the accident.
These sorts of accidents tend to be quite unexpected, which means that there is often very little time to respond safely. It doesn’t matter how athletic and young you are, as city authorities are expected to ensure that their property is safe for everyone to use.
The most common slip and fall injuries are as follows:
- broken bones – especially arms, wrists and hands;
- dislocated joints, e.g. hips and shoulders;
- scratches, cuts and bruises;
- sprains;
- strains.
Far more serious injuries could occur if the person falls awkwardly or falls and hits something sharp or particularly hard. The following gives some indication of what sort of more serious injuries are possible;
- back injuries, including spinal injuries;
- facial injuries, including damage to the eyes and teeth;
- head injuries, including traumatic brain injuries;
- neck injuries.
Injuries that are unexpected such as slip, trip and fall injuries can become financially crippling unless compensation can be obtained. Each accident is unique, and some injuries are more expensive to treat than others. The following is a guide to the sorts of costs that must be taken onto account when compiling a claim against the city:
- ambulance fees;
- anesthesia;
- doctor’s visit fees;
- hospital stays;
- medication;
- physical therapy;
- specialized equipment, such as casts, crutches and wheel chairs;
- surgery;
- tests, such as x-rays and scans;
- loss of earnings due to unavailability for normal work.
What to Include in Your Demand Letter Against the City
All government entities, including municipalities, are theoretically protected by the concept of ‘sovereign immunity’. This still allows victims of city negligence to claim compensation, but does make the whole process more complicated.
You will need to think carefully before submitting a demand letter, which is a prior notification of intent to file a personal injury lawsuit against the city. Include as much documentation as possible substantiating your claim.
The following documentation should be included with your demand letter:
- a description of the accident;
- the location;
- date and time of the accident;
- reasons for stating that it was caused by negligence;
- the nature of the injury;
- a doctor’s report;
- any evidence you have confirming the accident took place such as eyewitness statements, photos of the accident scene, your injuries etc.;
- all receipts or invoices showing cost of medical treatment received;
- proof of lost earnings, such as wages.
Demand letters should be submitted without delay to the department concerned in the city administration. All municipalities must obtain these notices of claim within ninety days of the accident, which isn’t very long to get all your documentation in order. If you take too long, you may forfeit any chance of obtaining compensation.
You Will Need an Attorney When You Sue the Government
Filling in a notice of claim form and gathering all the required accompanying documents is an arduous task, especially if you haven’t fully recovered. You have time limits to meet, so asking a personal injury attorney for assistance in completing and filing a notice of claim will speed up the process. You will then have a greater chance of receiving the personal injury compensation you are entitled to and deserve.
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 Dallas or the state government of Texas, or any other party, you may not be entitled to any compensation.
