Personal injury claims allow an injured victim of an accident to recover compensation for damage to their property, medical treatment, lost earnings and the pain and suffering caused them. There are different rules for claims against a government agency, as municipal authorities, city, state and federal governments have a degree of immunity from such claims.
Acts of negligence or willful harm by a government employee or agency can still be reason for a legitimate claim, although the procedure is much more exacting. If you have been injured and believe that the city is at fault, contact an experienced attorney before you initiate legal action.
State and City Laws Regarding Government Personal Injury Claims
Negligence by an employee of the city or by an agency of the city government or the state government may justify a personal injury claim made against the relevant agency. Unlike personal injury claims against any non-government agency, the procedure is stricter and must be completed within a much narrower time frame.
The first step in any claim against a government agency is to submit a “notice of claim." If this is against a government agency, then it must be done within three years of the date of the injury. This might seem very generous, especially compared to other jurisdictions, but there is then a 180 day period in which the notice is examined. If the claim is denied, you still have the same period, i.e. three years of the date of the injury to file a personal injury claim.
If you leave the first stage of the claim to the last minute, you will have no time left to submit a personal injury claim before the three year limit is reached. Also note that a wrongful death claim against the city or state must be made within 2 years of the death occurring. Here's a little more information on personal injury statute of limitations.
Auto Accident Scenarios Involving the City
There are a limited number of situations which might lead to a claim against the city after an auto accident. The majority of claims are due to crashes with a city bus or other city owned vehicle, e.g. a police car or a fire truck. Other possible scenarios are when a part of a building becomes loose and falls on top of your vehicle causing an injury. An example would be a part of a city bridge falling on top of a vehicle or an injury caused by another type of bridge design failure.
Road maintenance or the lack of it may lead to accidents and injuries. Note that for a successful claim against the city, it must be shown that an act of negligence on the part of a city employee or city department has caused the injury.
Collision with a City Bus
Some bus accidents may be found to be caused by poor maintenance or even by the use of defective parts, but the majority of accidents are caused by poor driving decisions. Typical errors which can easily lead to an auto accident are poor driver concentration, inexperienced drivers, insufficient training, fatigue, speeding, failure to yield the right of way at an intersection and intoxication.
Suing a City Without the Help of an Attorney May be Difficult
There is a lot at stake when you are considering claiming compensation for an injury that was not your fault. Without fair compensation you may be seriously out of pocket. It’s difficult enough filing a personal injury claim against a non government party, but it is certainly even more challenging when the negligent party is an employee of the city or a city agency itself. Because of the complexities and shorter time frame involved, you should contact an experienced personal injury attorney as soon as your injuries allow you to do so.
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 Jacksonville, or the state of Florida, or any other party, you may not be entitled to any compensation.
