If you suffer an injury on some city property, or if any of the property you own is damaged due to the city’s negligence, it’s not necessarily that easy to win financial compensation. The reason for this is that city and state governments have immunity from civil claims.
There are many cases when people are injured when government property is involved, such as an accident between a government and private vehicle.
If you have been injured or some of your property has been damaged due to negligence on the part of the city or the state government, you may need a personal injury attorney to ensure your legal right to personal injury compensation is maintained.
City and State Laws Regarding Government Personal Injury Claims
If it an accident happens to you on city owned property or it’s caused by a city owned entity you can’t expect an immediate response to your situation. You first need to complete a Notice of Claim.
If you fail to fill it in correctly or you haven’t included the right documentation or you have failed to file it within the stated time frame which is typically no more than 90 days following the accident, you could lose your right to be awarded compensation.
You are required to provide all information as stated in Article IX, Section 11 and it has to be notarized and signed. The sorts of information you will be asked to include are:
- the type of injuries or damage done to your property;
- the injured person’s name or the name of the person who owns the damaged property;
- where, when, and how the accident occurred;
- the type of injuries or the damage;
- the economic worth of the injury or damage;
- how much you will accept in order to settle your claim;
- your address;
- your residency status in the city for more than 6 months prior to the incident
- the names and addresses of witnesses to the accident.
If your injuries were caused by a state government employee or agency then the procedure is basically the same.
What Kind of Injuries Could Occur
Slips and falls are the sorts of accidents that take the victim by surprise so they have little chance to protect themselves when falling. They also could fall either forwards or backwards both of which could cause serious and sometimes life changing injuries.
Falling backwards offers less opportunity to use the arms and legs to break the fall so the expected injuries could be serious back and spinal injuries which could cause a crushing of one or more vertebrae leading to the need for corrective medical treatment and a long recovery time.
Alternatively, if the victim was to fall forwards there is a far higher chance of hitting his/her head on a sharp object like the side of a vehicle, a trash can or the edge of the sidewalk or road. The injuries could be quite devastating like severe facial lacerations, traumatic brain injuries, crushed bones in the knees and even broken limbs. Overall. other possible injuries are possible such as:
- sprained wrists and ankles;
- muscle strains and shoulder dislocations;
- nerve damage;
- cuts and bruises.
Some injuries that require medical treatment could attract the following costs:
- the services of a physician/surgeon/anesthetist;
- overnight stays in a hospital which for a 5 day stay could cost more than $10,000;
- surgery to correct damaged bones could be up to $30,000+;
- the cost of a cast is at least $500;
- mobility aids such as crutches and walkers cost between 50 and $100;
- pain medication such as a10-mg tablet of OxyContin costs around $1.25
- physical therapy to improve mobility costs between $20 and $350 per session .
Potential Accident Scenarios Involving Government Property
There are several ways you could be involved in an accident with a city owned entity such as:
- collision with a city police department vehicle;
- a fire engine rear ends your auto and it’s found the driver was texting at the time
- collision with one of Metro buses;
- the Public Works Department fails to fill in a pothole and you damage your auto and you experience whiplash;
- poor maintenance on a state highway in or around the city.
Accidents Involving the City Buses
Your car may also be hit if the bus has faulty spare parts or is in a poor state of maintenance. In this situation it is important to find out whom or what was exactly to blame. It may be the bus depot maintenance department or someone else.
Your attorney will be able to help you determine who was to blame if the bus accident was not due to driver error.
What to Include in Your Demand Letter Against the City
Once you have established your injury was most likely caused by city's negligence and you have the necessary proof you should send a formal notice to the city stating your intention to file a lawsuit. This is called a demand letter and once it has been sent it will be your main focus when negotiating any agreement you are trying to reach between you and the city.
You need to provide as many details as possible in your demand letter. You should head the demand letter with your full name and contact details for easy reference. The contents of the letter should be written in a logical order and include the following:
- describe how the slip and fall accident happened;
- why the city's negligence caused the accident;
- a list of your injuries;
- proof of lost wages;
- the list and cost of your medical treatment;
- any personal belongings that may have been lost or damaged e.g. a watch and jewelry;
- the amount being asked for compensation;
- any additional documents that support your claim.
Example of a Description of a Slip and Fall Accident
“At 2pm on September 27, 2019, I was walking down the side walk in 10th Avenue and I suddenly lost control and spun through the air hitting my head on a bus stop seat. Barely conscious, I noticed some spilt ice cream on the side walk behind me. There was no caution sign warning potential victims of the slip and fall hazard.
As a result of the slip and fall I had a severe gash to my forehead and broke my arm. I needed stitches to the gash and a pin put in my arm as the bone was crushed. I had to take a month off work and needed assistance in the home after having spent 3 days in hospital being treated.”
Make Sure You Have a Good Case Against the Party at Fault
If you are contemplating suing the city or any other government body, you should be well prepared and follow the correct procedure exactly. You may not have a second chance if you fail to keep to a deadline, file a claim with the wrong agency or provide incomplete information.
The best way to succeed in a personal injury claim against the city or state government is to discuss your case with an experienced personal injury attorney and act as swiftly as possible when evidence of liability is still available.
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 of Houston, or the state government of Texas or any other party, you may not be entitled to any compensation.
