If you have had an accident while driving your own car in the city or another part of the state and you are certain that that the accident was caused by the action of a government worker you may be considering suing the driver. This would help you to bear the financial burden of an injury that was not your fault.
Unfortunately, filing personal injury claim when a city or state government is involved is not as easy as filing a claim with a private company. This is because VIA and other government entities have special conditions which help to discourage accident victims from filing personal injury claims. These restrictions are mostly to do with time limits which are set by which a claim should be filed, which stands at 90 days from the date of the accident. It is important to discuss your case with an experienced personal injury attorney if your auto accident took place.
State Laws in Relation to Government Personal Injury Claims
Sovereign immunity protects lawsuits from being filed against both federal and state governments, including the negligence of a government worker at a government hospital. However, this state has implemented a statute that waives sovereign immunity, which is called the Tort Claims Act. This Act waives sovereign immunity in relation to any injuries that have been caused on the part of a governmental employee who has operated a vehicle or any other type of motor-driven device and injuries that have taken place due to dangerous conditions that exist on government owned property.
You are required to complete a notice of claim form which needs to include in detail all the facts about the accident including the nature of your injuries and property damages and what you consider to be their cash value, as well as the contact details of useful witnesses to the accident.
A personal injury claim can be filed if the notice of claim is denied or you do not hear from the agency you submitted the claim to. If your injuries were caused by a state government employee the procedure for filing a personal injury claim is the same.
Potential Accident Situations That Involve Government Property
There are a number of ways an accident could take place with a city owned entity as follows:
- crash involving a city police vehicle that’s not involved in an emergency;
- a fire engine that is not involved in an emergency rear ends your car while the driver is sending a text
- collision with a VIA bus which is overloaded;
- poorly maintained state highway.
Here's a little more information on what to do after an auto accident.
Accidents Involving Public Transit
Bus driver errors could be caused mostly by drivers who are tired, or are suffering from the effects of drugs or alcohol, thus impairing their ability to concentrate sufficiently so that the bus remains where it’s supposed to. If you have been involved in an accident with a Via bus and you believe it’s not your fault, it’s vital that before you file a personal injury claim you collect together any important information that offers proof that the VIA driver caused the accident and your injuries.
An investigation will need to be carried out as a defective part like brakes or steering could have caused the accident so it might not be completely the driver’s fault. Your chosen personal injury attorney will offer help in determining who should take the blame if the bus accident can’t be blamed on the driver.
If you have had the misfortune of slipping and falling on a sidewalk or a public street in the city and you think you should be compensated for your injuries because it was negligence that caused your accident, you may be able to file a lawsuit. So often, maintenance workers fail to fix a slip and fall hazard, leaving pedestrians vulnerable to slips and falls. Of course, to win a successful claim you must have suitable evidence to back it up. There are several reasons why a slip and fall accident may occur on a sidewalk or public street:
- overfilled trashed cans that haven’t been cleared, leaving remnants of fast food scattered on the sidewalk;
- spilled liquids or other slippery products not cleared up in a timely manner;
- areas of ice and snow that haven’t been adequately salted;
- flooded sidewalks caused by drains blocked with leaves and city debris.
It is the job of the city is to keep sidewalks and streets clear of slip and fall hazards. If this is not done on a regular basis a victim of a slip and fall maybe able to prove it was caused by negligence.
What Kind of Injuries Could Occur?
Slip and fall accidents are not confined to certain injuries as it depends how the victim falls. Falling backwards could cause the following injuries:
- a spinal injury;
- whiplash caused by the sudden, uncontrollable movement of the neck;
- lacerations to elbows and arms;
- the breaking of vertebrae.
Falling forwards may cause a different set of injuries like:
Typical Medical Expenses for Slip And Fall Accident
Ambulance cost = $400 to $1,200 or more plus mileage
Emergency room cost = $1,230
Wound cleaning and stitching = $150 - $350
Emergency medication, like a tetanus shot or rabies injection = $50
Physical therapy = $150 per session
Crutches, basic = $50
Casts for a broken arm including physician’s fees = $2,500.
Total claim for medical costs = $5,000 approx.
What to Include in Your Demand Letter Against the City of Philadelphia
As soon as you have made the decision to file a lawsuit to recoup the value of the damages caused to you in a slip and fall accident on property maintained by the city you need to lodge a formal notice stating your intention to file a lawsuit. This is called a demand letter and it is the document used for reference by the parties involved in making a decision about your claim. There are certain facts you need to include in the demand letter which are:
- the cause of the slip and fall accident;
- the exact location of the accident;
- why the City of Philadelphia was negligent;
- a description of the accident;
- a list of the medical treatment you received and the costs;
- a list of any other losses like damaged glasses, watch, clothes and jewelry.
You must not forget to include all the documentary evidence you have such as eye witness’s accounts, photographs of the hazard on the road or sidewalk, a detailed medical report from your doctor including invoices, proof of loss of income and a description of the burden the injury has on your everyday activities.
Example of a Demand Letter for Disfiguring Facial Lacerations
All demand letters should include the date, your name, your address, your city, state and zip code, the name of the city claims’ adjuster and the date of the slip and fall.
“Dear Mr./Ms. [Name of Claims Adjuster]
On May 5 2019 I was a pedestrian on the sidewalk at 10th Avenue when I suddenly slipped and fell and cut my face badly on the corner of trash can. Skin was partially ripped from my face and I was bleeding profusely. Another pedestrian called an ambulance which took me to the closest hospital (insert name). As soon as I arrived the duty physician said I would need surgery to seal the deep wound and sew back the skin.
I was in extreme pain, so was administered with painkillers via a drip. When I came out of surgery I was informed that further treatment would be required, like a skin graft to restore my badly damaged face. I was also told that my face would likely be disfigured for the rest of my life. I didn’t recover enough to return to work for 18 weeks as the plastic surgery took more than 3 months to complete.
I firmly believe the slip and fall and the permanent facial damage was due to negligence on behalf of the city for not only maintaining the sidewalk to be used safely but also for ensuring trash cans do not have sharp edges. I have not only experienced ongoing pain throughout the treatment and healing process but I am still suffering from the permanent scarring to my face. I have provided the documentation to back up my claim which includes the physician’s report, photos and evidence provided by eye witnesses.
Medical expenses
Ambulance = $1,200
Anesthesia = $500
Physician’s fee (insert name) = 4 x $300 = $1,200
ER fee =$400
3 sessions of skin grafts = 3 x $1,800 = $5,400
Total for treatment= $8,700
Pain and Suffering = 3 x $8,700 = $26,100
Total compensation required = $26,100 + $8,700 = $34,800.
Your sincerely
(insert name)”
Make Sure You Use an Attorney When Suing the Government
You will need the assistance from an experienced personal injury attorney who will help you to prepare a notice of claim, keep you up to date of the time limits and ensure the documentation is sufficient to provide the necessary evidence against the negligent behavior of an employee or government entity.
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 San Antonio or the state government of Texas, or any other party, you may not be entitled to any compensation.
