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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.
The Litigation Division of the City Attorney's Office is led by Deputy City Attorney Deborah Klein. This division represents and defends the City in civil lawsuits such as motor vehicle accidents & civil rights violations.
Proving that an error on the part of a municipality rises to the level of negligence is one of the most challenging aspects of filing a lawsuit against a city under the STCA. Further complicating matters is the fact that government entities and their employees do not owe the same duty of care in all circumstances.
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With more than thirty years of experience, San Antonio personal injury lawyer Fidel Rodriguez, Jr. has the knowledge and skill to help you obtain just compensation.
Your best first step, if you think a government agency might be responsible for your accident injuries, is to contact the clerk's office for that agency and ask about the process and requirements for filing an injury claim. You can also start by doing an online search using a phrase like "claim against [name of state/city/county] government."
From a procedural standpoint, the kind of case you're talking about is not a " lawsuit "—at least, it won't start out as one. You cannot usually just file a lawsuit against a government agency or government employee after an accident, the way you would a private citizen or business.
If you're facing a lawsuit, or planning on bringing one, it's time to lawyer up. For anything beyond a small claims case, using the court system to handle disputes requires an attorney experienced with the process.
If you make a big purchase and later decide you to return the item, what can you do if the store refuses to refund your money? You can file a lawsuit and proceed with litigation, but the process can be costly and time-consuming. The law provides several other methods to resolve disputes and all offer unique advantages.
First, a little background. In Texas, municipalities, or any governmental entity, generally have “sovereign immunity” from law suits. As a result, there are strict guidelines to follow when suing a municipality, i.e. the government. One such guideline is the six month notice requirement under the Texas Tort Claims Act (TTCA). 1 Additionally, a city’s charter usually has a notice of claim requirement. For Houston, the notice requirement is 90 days. It is the same in San Antonio.
In a 5-4 decision, the Supreme Court agreed with the trial court and stated that the City of San Antonio did not have the required notice of claim. The Texas Supreme Court said that it did not matter that the police officer, as government employee, had knowledge of the accident.
In order to prove negligence, you will have to be able to show that the city had a duty of care, and that this duty was breached. Moreover, you would have to prove that you were indeed injured, and that the city’s breach of duty was the cause of your injuries. This will require a great deal of medical records, pictures, witness testimony, etc. While proving any part of a negligence claim can be tricky, it can be especially tough to prove that a city has a duty of care.
Personal Injury. While far from a simple process, it is possible to sue a municipality. Perhaps you had a slip and fall accident in a poorly maintained public park. Maybe an on-duty police officer crashed into your car while they drove at fast speeds, without having turned on their lights or siren.
But this duty of care is not the most difficult aspect of suing a city. The fact of the matter is, cities can claim immunity in many cases.
But these cases can be, and have been won before. In fact, a city may be willing to agree on a fair settlement instead of going through a lengthy trial. An experienced attorney can craft a strong notice of claim and might enable you to come away with a settlement or to win your case in trial.
In some cases, the city can be held liable for an accident. But you would have to build a strong case, showing that the city was negligent, and establishing that you were no way at fault; nowhere is this truer than in North Carolina, which has contributory negligence.
For example, a city may not be held responsible because ice was not cleared from the sidewalks in front a courthouse. But if there was snow on the sidewalk in front of a courthouse that concealed something like a hole in the ground, then in that case a city might be said to have breached a duty of care. If a trespasser was injured by this hidden danger, however, then a city would not owe them a duty of care. But this duty of care is not the most difficult aspect of suing a city. The fact of the matter is, cities can claim immunity in many cases.