Did you know that filing a personal injury claim against a city is different than filing one against another person or even a business? It can be much more complicated and confusing.
If you or someone you know believes that they were injured because of the negligence of the city, keep reading. You will need to understand as much as possible to be able to file a successful claim against a city.
What Is a Personal Injury Claim?
Personal injury is part of civil law. In its simplest terms, it means that someone was injured or had their property damage because another person or entity was negligent in some way. This area of law helps injured people get their medical bills paid and can also provide for other forms of compensation.
Yet, if you believe that the city is the negligent party, it’s not as easy as just going to court and filing a personal injury claim. It’s much harder to sue a city than it is to sue a person.
Each city is part of the government. The government has protection against most lawsuits. It is possible to sue a city, but there are some things that you need to keep in mind.
It’s important to complete the extra steps and to have the help of an experienced personal injury attorney to make the best case possible against the city.
Although each state sets its own statute of limitations for personal injury claims, that limitation doesn’t usually cover cities. If you sue a city, you only get between 30 and 120 days to file what is called a Notice of Claim. That is one of the extra steps you must take if you believe that the city is responsible for your injury.
The actual number of days depends on the city that you believe is responsible.
Filing a Personal Injury Claim for a Slip and Fall Against the City
Slip and fall accidents are surprisingly common on sidewalks and city streets. These areas are under the control of the city which means they are responsible for maintaining these areas so they are safe for the public to use.
However, for the city to be held liable for a slip and fall accident on property maintained by them it is necessary to prove that they have been negligent in their responsibility to maintain these public facilities to a standard that makes them safe to use.
This is not a simple process but as long as there is evidence available to prove negligence this helps to support a personal injury claim for a slip and fall accident.
What Kind of Injuries Could Occur In a Slip and Fall
When a slip and fall accident takes place the type of injury will depend upon how the victim falls. If the person falls forwards the likely injuries could include:
- a broken arm or leg or both;
- facial lacerations if the victim strikes a sharp object;
- knee injuries;
- a traumatic brain injury if the head hits a blunt object.
If the victim slips and falls backwards the possible injuries could include:
- spinal and back injuries;
- neck injuries;
- leg injuries.
Depending how serious any injuries are there are likely to be costs associated with medical treatment. These could be any of the following:
- the cost of an emergency room visit is typically from $150-$3,000 depending on how serious the injury is and whether there is any need for any diagnostic tests;
- physical therapy costs from $20 to $350 per session;
- the cost of a simple pair of crutches is $50 while a better pair costs $200;
- if a limb has been broken a cast maybe required and these can be up to $50 each depending on the size of the break.
What to Include in Your Demand Letter Against the City
A notice of claim needs to be sent to the city. This is a demand letter and once received by the defendant is the key resource used for reaching a decision about a PI claim. It has to include all the details of the slip and fall accident such as:
- a description of the accident event;
- why the city was negligent;;
- details of the injuries;;
- provide a detailed description including costs of medical treatment;;
- how you have suffered financial hardship from the accident;;
- how much pain and suffering you have experienced;;
- the amount of lost income due to the accident;;
- a list of other items damaged in the slip and fall such as a watch or jewelry;;
- the amount you wish to demand in damages.;
Sample Demand Letter for a Slip and Fall Claim
So that there is no confusion you should head your demand letter with specific details related to the accident as follows:
- your full name;
- contact details including email and phone;
- today’s date;
- your city, state, and zip code;
- the accident date;
- the defendant’s name.
Once you have this information written down you have to be very specific in your demand letter.
“Dear Mr. /Ms. [Name of the Claims Adjuster]
I was walking down 10th Avenue on June 1 when I suddenly slipped and fell forwards on a hazard I did not see. Later I discovered it was spilled engine oil. A passer-by called an ambulance as I could not get up. I was taken to a medical centre (insert name). The physician (insert name) diagnosed a broken wrist and cuts and bruises to my face and arms.
My wrist was put in a cast and I was unable to go to work for six weeks as my job requires the use of my hand which I could no longer use. For the first fortnight I was in pain so I was prescribed painkillers. Overall, for the 6 weeks I had to make drastic changes to my lifestyle as a result of the accident. I enclose details of all my expenses while undergoing treatment.
Cost of ambulance = $1200
Cost of x-rays, cast and physician = $2,500
Ibuprofen for 2 weeks = $100
Loss of income = $6,000
Pain and suffering 6 X 3,800 = $22,800
Yours sincerely
(insert name)”
Filing a Notice of Claim If You’re Injured on City Property
Unlike many other cities that make it difficult to provide a written Notice of Claim, the city provides a PDF on their website. You should turn this in as soon as possible after your claim occurs. The City has approximately 45 days to get back to you.
They cannot and will not give you any legal advice. So, you should seek out the services of a competent personal injury attorney.
Get Legal Help Immediately
If you’ve been injured by what you believe is neglect on the part of the city, do not waste time. Call an attorney right away. As you’ve learned, you must be able to present proof to the city that a definitive problem exists.
That documentation isn’t as easy as it seems. It’s more than a photo or even an eye witness. You need a qualified personal injury attorney to help you with your claim against the city. Remember, time is not on your side. Get legal help right away if you are hurt on city property.
*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 San Diego, or the state government of California, or any other party, you may not be entitled to any compensation.
