Personal injury law is one of the most complicated legal areas that exists, and it becomes even more complicated when a municipality, town or city is involved. There are very limited circumstances when a person is allowed to bring a lawsuit against their city, and each one of these cases requires a tremendous amount of evidence to prove.
If you believe that you have grounds for a personal injury claim against a city, it’s important you learn more about these claims and the rules that you’ll need to follow. Find out if you can sue a city over a personal injury claim and learn why you need to consult a Paterson personal injury lawyer about your case.
Initial Steps to File an Injury Claim Against a City
There are several steps required to file an injury claim against a city, the first of which is providing a city with a notice of claim. A notice of a claim is a requirement of many states and is used to alert the city that you intend to file a personal injury claim. Typically, you have a very brief window to file your notice, and if you miss this window, you may be ineligible to file a lawsuit.
Before filing your notice of claim, you need to make sure that it contains the right information. In addition to the names and contact information for anyone involved in the accident, your notice should include a full description of the accident, details about your injuries and your desired amount of damages.
Proving Your Case
Winning a personal injury claim against a city requires a tremendous burden of proof. No matter the circumstances of your accident or the evidence that you’ve gathered, you will need to prove the negligence of the city using four basic elements.
- You will need to demonstrate that the city had a duty of care.
- You must prove that this duty was breached.
- You need to be able to prove that this breach was the primary cause of your injury.
- You need evidence that an injury actually occurred. You should gather evidence like photographs and witness statements to help prove these four elements.
A complicating factor that you need to be aware of when trying to prove your case is that there are certain situations where cities are immune from an injury claim. For example, a city is not liable for someone who was injured on public property by trespassing. Also, cities are not responsible for the actions of their employees unless they are on-duty.
A Paterson personal injury lawyer can review your case and tell you if immunity is possible and if you will be able to file a personal injury suit.
Hire a Paterson Personal Injury Lawyer
If you’re thinking about filing a personal injury claim against a city, the most important thing that you can do is to get advice from an attorney. Get the experienced Paterson personal injury lawyer that you deserve by working with The Law Offices of Peter N. Davis & Associates, LLC.
When you visit the Law Offices of Peter N. Davis, one of our knowledgeable attorneys can provide a free case review and tell you if you have the grounds for a personal injury lawsuit. Contact us today so that we can discuss your claim.