If you’re hurt on city property or if your property is damaged because of the negligence of the city, it’s harder to get compensated. Since cities are part of the government, they are insulated from most lawsuits. This is a concept that is called sovereign immunity. This is the idea that the “king” (in our care, the government) could do no wrong.
However, we all know that no one, especially not government entities, are perfect. Budget cuts, poor maintenance, and other issues often lead to people being hurt on city property.
If you or someone you love suffers a personal injury or property damage because of the negligence of the city, you'll need to learn how you can protect your legal rights.
Simplifying Personal Injury Law
Regardless of whether the injury occurs because of another citizen (such as a car wreck), a business (such as a slip and fall), or the negligence of the city (such as a dead tree branch breaking off and hitting your car), the concept of personal injury can be simplified. It is an injury or property damage that occurs because of another party.
So, what’s the difference in a personal injury claim against a city and a non-governmental entity such as a person or a business? The city will require that you take an extra step. You must file a Notice of Claim, but it’s not as easy as it sounds. In fact, between the short frame of time that you get after the incident to file your Notice of Claim (usually less than 120 days), the extensive documentation you must provide, and ensuring that the right people get a copy of it, you run a real risk of losing your right to compensation.
If you are injured due to negligent actions of the city, immediately make an appointment with a personal injury attorney to help you with your claim. It’s worth it to get the city to pay for your losses.
Filing a Notice of Claim
The city of provides a General Claims Information Form on their city website. Although it is only two pages long, you must submit other information along with it:
- You must send them a copy of your personal insurance information. For example, if your car was damaged because of a large pothole, they want you to send a copy of your car insurance. If you experience a personal injury, they want a copy of your health insurance. If you do not have insurance, you must inform the city that you do not have it. This notification must be a notarized affidavit. It must be included with your claim form.
- You must include copies of all of the medical reports, medical bills, and doctor’s reports.
- You should only send copies because you will not get your documentation back. Providing it to the them makes it city property.
Filing a Personal Injury Claim for a Slip and Fall Against the City
If you have had a slip and fall accident on a sidewalk or a public street while in the city and you believe the accident was due to negligence you may be entitled to compensation. If it was a poorly maintained surface by the city, as long as you have the evidence to prove it, you may be able to file a lawsuit for damages. There are several different reasons for which a slip and fall accident on a public street or sidewalk may occur:
- spilled oil or other slippery product not cleared up;
- overfilled trash cans leaving fast food cartons strewn all over the sidewalk;
- ice and snow that hasn’t been salted;
- flooded surfaces caused by blocked drains.
Most of these hazards should not have been there and as long as you can prove this fact you may have suitable evidence to prove the city of their negligence.
What Types of Injuries Could Occur?
There are many types of injuries that could occur in a slip and fall accident depending on how you fall. If you slip and fall backwards and you aren’t given sufficient warning so you don’t have time to break the fall you can expect to receive back injuries which could be any of the following:
- tailbone injuries at the end of the spine;
- whiplash caused by the neck being thrown to and fro violently;
- grazes and bruising to elbows and arms;
- severe damage to the vertebrae and sometimes breakages.
Falling forwards can cause different types of injuries such as:
- Broken wrist or arm as you spread out your arm to break the fall;
- Facial lacerations from hitting the road or sidewalk;
- Traumatic brain injury from striking your head on a object like a trash can.
Medical Expenses for a Slip and Fall Accident That May Occur
Ambulance cost = $400 - $1,200 or higher, not including mileage fees
Emergency room cost my be around $1,230
Wound cleaning and stitching can range form $150 - $350
Emergency medication, like a tetanus shot, may cost as much as $50
Physical therapy can be about $150 per session
Crutches, other basic needs can cost around $50
Casts to treat a broken arm including physician’s fees = $2,500
Total medical claim = $4,800 approx.
Details to Include in a Demand Letter to the City
When you have decided that you have a good case for winning a PI claim for your slip and fall accident against the city you have to file a formal notice of your intention. This formal notice is known as a demand letter and once lodged will be referred to throughout the claim’s process. The demand letter should include the following:
- how the slip and fall accident happened;
- why the city was negligent;
- the injuries you received in the accident;
- details of the medical treatment you received including costs;
- details of any other losses such as damaged glasses, watch, clothes and jewelry.
Your demand letter should include all evidence such as eye witness reports, photos of the slip and fall hazard, detailed medical report, loss of income and loss of quality of life.
Example of a Demand Letter to the City for a Mild Brain Injury
Demand letters should always include the date, your name, address, city, state and zip code, the name of the city's claims’ adjuster as well as the date of the slip and fall.
“Dear Mr. /Ms. [Name of Claims Adjuster],
On February 5 2019 I was using the sidewalk at 2nd Street when I slipped and fell suddenly, hitting my head on the road. I was knocked unconscious and an ambulance had to be called to take me to the medical center (insert name) nearby. When I awoke I was told I had slipped on ice that had not had salt treatment. I was diagnosed with a mild brain injury by the physician (insert name). I was lucky I only lost consciousness for a few minutes.
Apart from being given a course of diuretics to relieve the pressure on my brain I was told to rest at home. I didn’t fully recover for 3 months and I suffered bouts of memory loss balancing problems, disorientation and vision problems. This was not only painful but affected by everyday activities. I had to attend weekly physical therapy sessions over 12 weeks to help me overcome these problems.
I believe the slip and fall I experienced was caused by the negligence of the city for not salting the sidewalk properly. I have provided the evidence and specific documentation to support the allegations of my claim. This includes documents such as my physician’s report, eye witness photos and other necessary evidence provided.
Medical expenses claimed:
Ambulance = $1,200
Physician’s fee (insert your physician's name) = $300
ER fee =$400
X-Rays = $125.00
Diuretics Medications = $40
Physical therapy 12 X $150 = $1,800
TOTAL = $3,865
Pain and suffering 4 X $3,865 = $15,460
TOTAL COMPENSATION = $19,325
Yours sincerely (insert name)”
Protect Your Legal Rights
If you believe that you have a claim against the city, don’t try to file your Notice of claim alone. Contact an experienced personal injury attorney. What the city's website doesn’t tell you is that you must also notify them of the dangerous situation that caused your injury, you must file your Notice of Claim within six months of your incident, and that you must have more than $1,500 of expenses and try to prove that you’ve experienced a permanent injury. There’s also a limit on how much you can recover.
Don’t fight alone. Get a personal injury attorney on your side to maximize your chance of being compensated for your losses.
*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 Philadelphia, or the state government of Pennsylvania, or any other party, you may not be entitled to any compensation.
