what kind of lawyer do i need for a lawsuit against the city

Full Answer

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.

What do I need to file a lawsuit against the city?

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 a whole or an individual employee, as the difference can affect certain aspects of your case.

Can cities be sued in personal injury lawsuits?

The short answer is yes — cities can be sued in personal injury lawsuits and other types of civil suits. However, the process is different from (and significantly more complex than) suing a person, company, or other private organization.

Do I need a lawyer for a criminal case?

In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to misdemeanor charges, can have long-term consequences.

How do I file a lawsuit against a local government?

To sue a government or public entity:Fill out an SC-100 Plaintiff's Claim.File your Claim at the proper court venue and pay the filing fee.When you file your Plaintiff's Claim with the court, be sure to bring a copy of the denial letter you received from the agency.More items...•

Can you sue a local municipality?

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? The short answer is yes — cities can be sued in personal injury lawsuits and other types of civil suits.

What are good reasons to sue?

Here are 11 top reasons to sue someone.Compensation for Damages. A common form of this is monetary compensation for personal injury. ... Enforcing a Contract. Contracts can be written, oral or implied. ... Breach of Warranty. ... Product Liability. ... Property Disputes. ... Divorce. ... Custody Disputes. ... Replacing a Trustee.More items...

Can you sue a municipality in PA?

Similarly to the rules for suing the state, you can also sue a municipality, such as the local housing authority, if the accident involved: A city-owned vehicle, such as a bus. Personal property in the care, custody, or control of the municipality.

How do I start a civil lawsuit?

After the notice is issued the plaintiff is required to do the following:File requisite amount of procedure-fee in the court.File 2 copies of plaint for each defendant in the court.Of the 2 copies filed for each defendant, one copy shall be sent by Speed post/Courier/Regd.More items...•

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

Can I sue for emotional distress?

To prove a psychological injury you must be able to show that you suffered a quantifiable psychological injury as a result of someone else's negligence or failure while in their duty of care.

When should you sue?

Top 6 Reasons to SueFor Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ... For Protecting Your Property. ... For Replacing a Trustee. ... For Getting a Divorce. ... For Enforcing the Terms of a Contract. ... For Discrimination and Harassment.

Does Pennsylvania have qualified immunity?

§§ 8541, et seq. generally provides local governmental agencies in Pennsylvania with qualified immunity for tort liability.

Can you sue PA state Police?

The court finds that Pennsylvania State Police is not a person that can be sued under § 1983, and count I of plaintiffs' complaint alleging civil rights violations against Pennsylvania State Police must be dismissed. See Wivell v. Pa.

Does PennDOT have sovereign immunity?

Sovereign immunity was held to be waived, and it was determined that PennDOT may be held liable for any damages caused by the negligent installation or design of the guardrails at issue in the litigation.

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 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 is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

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 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.

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 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.

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 ...

Is the government immune to injury claims?

The Government May Be Immune From Your Injury Claims. The government is immune from certain injury claims. While this immunity is less broad than in the past, the government is still immune from many injury claims. Again, this immunity (often referred to as "Sovereign Immunity") varies from state to state.

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 ...

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.

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?

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.

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 ...

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 ...

Can you sue a municipality for a slip and fall?

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.

Can a city be held liable for an accident?

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.

Can a city claim immunity from a trespasser?

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.

Why would a person file a claim against the driver?

For example, in a car accident the person would file a claim against the driver because they were going over the speed limit. But there may be some confusion of what your legal options are after you’ve been injured because of your city’s or county’s negligence. You could have gotten in a car accident because a cop didn’t signal a turn ...

How to take the best course of action?

The best way to ensure you’re taking the best course of action is to contact a personal injury lawyer as soon as possible . They’ll review your case and help you take the next steps that are in your best interests. If you’ve been injured because of negligence on behalf of your city or county, you want experienced legal aid at your side. ...

What does it mean when you have a serious injury?

Severe injuries could mean multiple hospital trips, undergoing various tests, having to take medication, missing work, and future medical costs for your recovery. There are a few classifications that you have to watch out for if you want your claim to be valid.

Do you have to file a notice of claim before suing a city?

Before suing a city or county, you have to file a “Notice of Claim” with the government so they know you’re planning on filing a claim. Your personal injury lawyer can help you with this. You also need to operate within the statute of limitations, which can vary depending on your state.

Can a notice of claim be settled?

Failing to adhere to the statute and the notice of claim could jeopardize your case. There’s a chance that after receiving your notice of claim, the city will decide to settle your case. To some, this may be a better option than a lawsuit which can take time and money.

3 attorney answers

Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions.

Eliot M. Wolf

As Mr. Slick and Mr. Wolf indicated, you should seek counsel from some one familiar with bringing law suits against the state, and the type of lawyer depends on the nature of your claim.

Is it necessary to cure a code violation before going to court?

David Herman Hirsch. First of all, a city isn't required to allow time to cure a violation before commencing a prosecution for a code violation, although it is the practice of many cities to emphasize getting voluntary compliance before going to court.

Do you have to cure zoning code before imposing fines?

A city is generally not required to allow time to cure before commencing an action in court to abate the violation or impose criminal penalties. However, in most instances, general law cities are required to allow time to cure building and zoning code violations prior to imposing administrative fines, unless the violation creates an immediate threat the public.#N#More

Who is responsible for civil rights violations?

The complaint sets out certain facts and allegations, in an attempt to show that the opposing party (the "defendant (s)") is/are responsible for the civil rights violations alleged in the complaint, and for any harm suffered by the plaintiff as a result.

What to do if you have been a victim of a civil rights violation?

If you believe you have been the victim of a civil rights violation, you most likely have the option of filing a lawsuit against those responsible for any harm suffered as a result. Following are a few things to consider before filing a lawsuit for a civil rights violation -- including the requirement that you file a government claim before filing a lawsuit in some types of cases, the choice of where to file (federal or state court), and what to expect in a lawsuit.

How long do you have to file a civil rights lawsuit?

an employee alleging discrimination) must file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing any private lawsuit, and must do so within 180 days of the alleged offense. Only after receiving permission from the EEOC may individuals file alawsuit. This permission typically comes in the form of a "right to sue" letter issued by the EEOC, usually only after the EEOC has found sufficient evidence that a civil rights violation has occurred.

What to expect in a civil rights lawsuit?

What to Expect in a Lawsuit. A lawsuit for a civil rights violation will be filed and handled in civil court (federal or state civil court, as discussed above). In a civil case, the person claiming a civil rights violation (the "plaintiff") files a "complaint" with the court. The complaint sets out certain facts and allegations, ...

What is a right to sue letter?

This permission typically comes in the form of a "right to sue" letter issued by the EEOC, usually only after the EEOC has found sufficient evidence that a civil rights violation has occurred. State agencies may also investigate a complaint for civil rights violations or discrimination, and may work alongside (or in place of) a federal agency.

What to do if you believe you have been violated?

If you believe you have suffered a civil rights violation,the best place to start is to speak with an experienced civil rights attorney. Important decisions related to your case can be complicated -- including which laws apply, whether you must file a claim with the government, and where you should file your lawsuit.

Is a complaint to the EEOC a dual filing?

As part of its standard procedure, that state agency will usually send the complaint to the EEOC at the federal level, so that it becomes a "dual filing.". An experienced civil rights attorney will be able to tell you whether filing a government claim will be necessary in your case. Thank you for subscribing!