If you’ve tripped, fallen, and seriously injured yourself on a damaged sidewalk, it might seem clear that the city is at fault. However, suing the city for personal injuries isn’t as straightforward as other personal injury claims. Government entities often enjoy certain protections that make pursuing compensation more challenging.
That said, successful claims against city councils do happen. The key is understanding when the city can legally be held accountable and navigating the specific processes for filing a claim. Let’s explore what you need to know to take action.
Understanding Government Immunities and Limitations
Laws vary by state, but they share common principles regarding government liability. To hold the city accountable for a sidewalk injury, it’s crucial to understand these legal protections and how they may impact your case.
1. The Statute of Limitations for Filing Claims
When suing a private entity for personal injury in California, you have two years from the date of the incident to file a claim. However, if you’re filing against the city or another public entity, the deadline shrinks to just six months.
This shorter timeline makes acting quickly essential. If you fail to file your claim within this window, you lose the right to pursue compensation, no matter how severe your injuries are.
2. Zero Room for Filing Errors
When filing a claim against the city, even a minor mistake can result in rejection. Worse, you might not be informed of the rejection immediately, costing you valuable time.
To avoid errors, consult a qualified personal injury attorney. They can ensure your claim is complete and free of legal loopholes that could derail your case.
3. Sovereign Immunity
Sovereign immunity shields government entities from certain types of lawsuits. While it’s uncommon for the city to invoke sovereign immunity for a sidewalk injury, the possibility exists depending on the state and circumstances of your case.
Steps to Take After a Sidewalk Injury
If you’ve been injured due to a damaged sidewalk, follow these steps to protect your rights:
1. Document the Scene
Take photos of the sidewalk, including cracks, uneven surfaces, or other hazards. Capture the surrounding area, weather conditions, and any signage that might indicate negligence.
2. Seek Medical Attention
Even if your injuries seem minor, seek medical evaluation immediately. Medical records provide critical evidence linking your injury to the incident.
3. File a Claim Promptly
Remember, you have only six months to file a claim against a public entity in California. Filing late or making errors can disqualify you from receiving compensation.
4. Consult an Attorney
Work with a personal injury attorney experienced in cases against public entities. They can navigate complex legal processes, ensure proper filing, and fight for fair compensation.
Challenges of Suing the City
While filing a personal injury claim against the city is possible, it’s not easy. Government entities have legal teams dedicated to minimizing liability and may invoke legal protections to dismiss claims. That’s why having an experienced legal advocate on your side is crucial.
When to Contact an Attorney
If you’ve been injured on a public sidewalk, don’t wait to seek legal advice. An attorney can:
- Evaluate whether the city can be held accountable.
- Ensure your claim is filed correctly and on time.
- Negotiate on your behalf to maximize your compensation.
Get Legal Help Today
At LA Law Group, we understand the challenges of pursuing compensation from public entities. Our team is committed to guiding you through every step of the process, from filing your claim to fighting for the compensation you deserve.
Contact us for a Free Consultation
- Call: (866) 625-2529
