One of the most complicated legal situations that exist is filing a personal injury lawsuit against a city government. Whether you’ve suffered an injury on government property or have been hurt by a government employee like a police officer, filing and winning a personal injury suit against the government is extremely difficult and requires several important steps.
While difficult, it is possible to file a lawsuit against a city, provided you follow the right rules and hire the right legal representation. Learn about you can file a personal injury claim against a city and discover why you need to bring your case to a trustworthy Knoxville personal injury lawyer.
Providing a Notice of Claim
Depending on the state in which you live, you will be required to file a ‘Notice of Claim’ with the city before pursuing a personal injury lawsuit. This notice is meant to alert the city that an injury has occurred and that you will be pursuing damages.
Each state has its own rules for what must be included in the notice of claim, but the general information will be your name and contact information, a full description of when and how the accident occurred, the extent of your injuries and the amount of damages you would like to receive.
You should be aware that many states have a specific time period where you are required to file your notice. If you miss this window, your case has a strong chance of being dismissed.
Getting Ready for Your Suit
The most important part of a personal injury lawsuit is preparation. This includes gathering evidence that you will need over the course of your case. To win a lawsuit against a city, you will need to demonstrate that the city was negligent.
Negligence claims rely on four important facts. First, that the city was responsible for your safety. Second, that the city failed to fulfill this duty. Third, that failing to uphold this responsibility resulted in an injury. Fourth, proof of your injury. If you can prove these four issues, you have grounds for a personal injury suit. Evidence that you will need can include photographs, your medical records, witness statements and testimony from your doctor.
Complications of Immunity
There is one big obstacle that you will need to overcome when filing a lawsuit against a city: Immunity. There are certain circumstances where a city is immune from liability, which is a factor you must consider before filing your lawsuit. For example, if a police officer strikes you with their car, you would need to prove they were on duty at the time of the accident. If they were off-duty, they were not working at the behest of the city and immunity is in place.
The easiest way to determine if immunity is in play in your case is by hiring a Knoxville personal injury lawyer. The right attorney can review your case and determine if you are eligible to file a suit against the city.
Seek Advice from a Knoxville Personal Injury Lawyer
If you’re considering a lawsuit against a city after suffering an injury, you need the advice of a Knoxville personal injury lawyer from the McMahan Law Firm. Every member of the McMahan Law Firm legal team is ready, willing and able to serve you. We are prepared to help you prepare your personal injury lawsuit.
Learn more about our services and why you need representation from the McMahan Law Firm.