do i choose a lawyer in the city i was injured or where i live

by Kaylah Weissnat 6 min read

What kind of lawyer do I need to sue a city?

What Kind of Lawyer Do I Need to Sue a City? If you want to sue a government entity after an accident, you'll probably need a personal injury lawyer. Please answer a few questions to help us match you with attorneys in your area.

Do I need a lawyer?

Start with the basics: " Do I need a lawyer ?". Sometimes it's easy to know if you need to find an attorney. If you've been charged with a crime, been served with a lawsuit, or need a divorce — a lawyer is exactly what you need. Lawyers, however, aren't just for criminals or those in litigation.

How to find a good lawyer?

A good, high-quality lawyer is there to help those in trouble now and those who want to avoid trouble in the future. You can begin your search for legal help by presenting your case to LegalMatch, where qualified lawyers can review your situation and help you to resolve it. Finding a lawyer is fast, free and confidential at LegalMatch. 2.

Is it helpful to have a lawyer in a civil matter?

It is extremely helpful to have a lawyer in a civil matter. Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date.

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Experienced

The first thing you should look for when choosing a lawyer is their area of practice. Some attorneys only practice personal injury, while others only handle criminal defense. You need to make sure you interview an attorney that is experienced in the area you need and focused on your type of personal injury.

Easiest Is Not Always Best

As long as your attorney of choice is licensed in both states, you can retain an attorney in your home state. This might seem like the better choice initially because you will be closer to the attorney's office for consultations; however, you may still need to visit the other state for court hearings or other required meetings.

Success

Usually, the best choice is to choose a firm in the state where you were injured that handles out-of-state clients. This may be easier said than done; many firms will not take out-of-state clients due to the added costs, such as litigating with out-of-state medical providers. Your attorneys will need to bring your doctors to their state's courts.

Who can be held responsible for a personal injury?

A city, town, county, or state government can be held responsible when it causes injuries, just as any normal person or business can be held liable. However, unlike normal personal injury lawsuits, there are rigid steps to follow and deadlines to meet for an injury claim against the government. Failure to follow these steps or meet ...

How long do you have to wait to file a lawsuit?

This period is typically between 30 and 120 days. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.

What happens if you don't follow the notice of claim guidelines?

Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court. You must ensure that the Notice of Claim complies with laws of the applicable jurisdiction. Format of the Notice of Claim.

What is the statute of limitations for personal injury?

The statute of limitations is a legal term that describes the period of time in which you must file a lawsuit or bring an injury claim after your injuries.

What information is required in a notice of injury?

For example, in Pennsylvania, the notice must have the name and address of the injured person, the date, location, and hour of the accident, and the name and address of medical care providers . See this sample claim to get an idea of what it might look like, or see Making an Injury Claim Against the Government for an overview.

How long do you have to file a lawsuit against a state?

Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, ...

How long do you have to file a personal injury claim?

Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, or municipality, and another for claims against the state or a state agency. However, not all states have a government-specific time limitation, and you may only need to be aware of the general statute of limitation for your injury. You can find the rules for each state in our personal injury state laws section. (Opens in a new window. You'll find the time limits listed under the general statute of limitations, or under "Claims Against the Government".)

Why do you need an accident attorney?

Working with an accident attorney ensures that the insurance company complies with all the terms of their insurance policy and state laws for injury compensation.

When you have been injured in a car accident, should you seek medical attention?

When you have been injured in any type of accident, you should immediately seek medical care for your injuries. It does not matter if it is a vehicle accident, slip and fall, or work accident. Taking care of the injury is the most important thing for you to do – even if you’re unsure whether you’ve actually been injured or not.

How much responsibility does an injured party have to have for an accident?

This means that the injured party must not be more than 49 percent responsible for the accident if they want to seek compensation for the injuries they received.

Why do insurance companies try to avoid paying for this type of care?

To make it worse, the insurance company will try to avoid paying for this type of care because it is very costly. Having an attorney represent you case increases the likelihood that you receive compensation for all your current and future medical costs related to the injury.

What happens when you get injured in an accident?

When serious injuries occur as the result of an accident, you may be facing extended medical care or even life-time care. The cost for this type of medical care will be very high.

What questions do people ask after they are injured?

One of the most common questions that a person has after they have been injured is “Do I need a lawyer? Or should I just handle details myself ?”

What happens if you have a long term injury?

If there are going to be long term effects from your injury, your lifestyle will change. This may include the inability to return to your current job or profession , the need for special renovations to your home and vehicle, and loss of income for the rest of your life.

How can a lawyer help you?

Lawyers improve their clients' quality of life by protecting them from situations that might later bring emotional and financial hardship. A good, high-quality lawyer is there to help those in trouble now and those who want to avoid trouble in the future. You can begin your search for legal help by presenting your case to LegalMatch, where qualified lawyers can review your situation and help you to resolve it. Finding a lawyer is fast, free and confidential at LegalMatch.

What can a lawyer do for you?

A skilled lawyer's advice can help you understand the complex rules associated with business negotiations and partnerships, estate planning, adoption, will and trust drafting, tax strategies and much more.

What to do if a regulated industry has wronged you?

If a regulated industry (like a bank or insurance company) has wronged you, there is a state-run agency in charge of watching that industry that you can contact. The agency may be able to deal with the problem on your behalf. Community groups might also be able to offer you free advice on these types of legal matters.

What to do if you are accused of a crime?

If you've been accused of a crime or find yourself the defendant in a legal suit, contact a lawyer immediately.

Is it too early to start a legal search?

Even if you are thinking about legal help merely to avoid problems in the future, it's never too early to begin your legal search. For example, tax strategies, corporate and employment law advice, and estate planning shouldn't be put off for too long. Putting legal matters on the back burner might cost you more in the end.

Do I need a lawyer?

Start with the basics: " Do I need a lawyer ?". Sometimes it's easy to know if you need to find an attorney. If you've been charged with a crime, been served with a lawsuit, or need a divorce — a lawyer is exactly what you need. Lawyers, however, aren't just for criminals or those in litigation. Qualified attorneys — like those at LegalMatch — can also provide advice and knowledge to people who just need to talk to an expert.

What happens if you can't afford a criminal lawyer?

It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them. It is also important to keep in mind that if an individual is sentenced to jail time, they will not be able to earn an income and may lose a job.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

Who has jurisdiction over a person who lives in California?

In general, all California superior courts have jurisdiction over a person that lives in California or can be found in California, and businesses or organizations that do business in California. So, as long as you are suing someone who lives in California or a company or organization that does business here, the superior court has personal ...

What is the legal authority of each court to hear and decide a case?

There are limits to the legal authority of each court to hear and decide a case. For a court to be able to decide a case, it has to have jurisdiction. Before you file your lawsuit, you need to figure out which court has: Jurisdiction over the person (or business or organization) you want to sue, called “ personal jurisdiction ;”.

How much can a judge hear in California?

It can only hear and decide cases that claim damages of $10,000 or less. Limited civil courts can only hear and decide cases for up to $25,000. While these are heard in California superior courts, the judge has to follow the jurisdictional limits in these cases. Exclusive Jurisdiction, which means that only a particular court can decide a case.

What is subject matter jurisdiction?

There are three types of subject matter jurisdiction: General Jurisdiction, which means that a court has the ability to hear and decide a wide range of cases. Unless a law or constitutional provision denies them jurisdiction, courts of general jurisdiction can handle any kind of case.

What is the meaning of "venue" in a lawsuit?

While jurisdiction says in what state and what court you file your lawsuit, “venue” is the county where you file your action. The person you are suing lives or does business (if you are suing a business or organization); or.

How many courts can have jurisdiction over a case?

More than one court may have jurisdiction over a certain case.

Can you file a lawsuit in more than one county?

It is possible to have a situation where more than one county is the proper venue for you to file your lawsuit. For example, back to the car accident scenario: If the driver that hit you lives in Los Angeles county, the owner of the car lives in Orange County, and the accident happened in Riverside county, you can choose which of those three counties (L.A., Orange County or Riverside) to file your lawsuit in.

Why is it harder to sue a city than to sue an individual?

However, regardless of where you live, one thing is almost certain: it will be harder to sue the city than it would be to sue an individual or private organization, because governments have special legal protections and additional resources that aren’t available to private parties.

How to settle a lawsuit for less than the amount of damages?

Negotiate with you to try and settle your case for less than the full amount of damages you’ve specified. Deny the claim outright. There’s very little chance the city will simply accept your claim and pay you the full amount of damages. Most often, the city will try to deny the claim or negotiate the amount down.

What is suing an individual?

Suing an individual or business is something we hear of all the time in the United States. Less common is the suing of a city, state, or other municipality. Can a person even do that?

What to do if you can't resolve a claim?

If you can’t resolve the claim with the city, you can file a lawsuit against the city for negligence. As with any lawsuit, you’ll need to prove the city was negligent and that the negligence directly caused or contributed to your injuries and damages. You’ll also need to consider whether the at-fault party was a government organization as ...

What are some examples of lawsuits against a city?

Examples of situations that could give rise to a lawsuit against a city include: Being hit by a government vehicle (police car, public works vehicle, parks and rec truck, city bus, construction vehicle, public school bus, etc.) Slipping and falling due to hazardous conditions in a government building, such as City Hall or the Secretary ...

What does it mean to fall in a government building?

Slipping and falling due to hazardous conditions in a government building, such as City Hall or the Secretary of State’s office. Being attacked or otherwise harmed because government security was inadequate.

How to file a claim against a city?

First, you’ll generally file a claim with the city government, at which point you’ll be directed to either the city attorney’s office or the risk management division. Once the city receives your claim, it has three options: Accept the claim and pay your damages. Negotiate with you to try and settle your case for less than the full amount ...

Yasha Heidari

I am admitted to practice in Georgia, and the other attorney is correct. To let you know about nuisances, nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one...

Gano Lemoine

I'm not admitted to practice in Georgia, so use this only for general information purposes. You should speak to an attorney in your area. But generally what you are describing is in the area of nuisance law. While you could probably sue your city to enforce it's laws, that's a very round-about way to resolve...

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