what kind of lawyer do i need to sue a public agency

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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.

Can I sue the government or a public agency?

Before you can sue the government or a public agency, you must first file a claim for damages with them. You can file a claim if you feel the agency is responsible for causing you injury, damage or loss.

Do I need a lawyer for a public utility lawsuit?

If you have a legal issue involving a public utility, you should contact a government lawyer. An attorney near you who is experienced in government law can review your matter, and advise you how to proceed. The attorney can represent you at hearings and in court.

Do I need a lawyer to sue the government after an accident?

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. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided.

Can you sue a US government agency?

Federal government agencies cannot be sued in Small Claims Court, but you can file a Claim For Damages (other DOJ forms). If your claim is denied, contact an attorney for help with filing your case in the U.S. District Court.

What does suing a public entity mean?

Code § 815.2. (“A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative.”)

How do I sue local government?

In most states, you cannot simply file a lawsuit in court against the government. 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.

Can citizens sue the government?

“Sovereign immunity” protects the government against lawsuits. This principle dictates that citizens cannot sue the federal government unless the government allows it.

What is a public entity attorney?

Handling everything from the claim stage to the Supreme Court, Porter Scott attorneys provide legal counsel to various public agencies including cities, counties, school districts and county offices of education, special districts, and joint powers authorities. Overview. People. Cases of Interest.

How long does a tort claim take to settle?

Every car accident and personal injury claim is different. As a general estimation – most personal injury claims take between 1.5 and 2.5 years to reach and adequate settlement or verdict in court. When injuries are catastrophic or the car accident circumstances are complex, timelines are likely to be increased.

Can you take the government to court?

Judicial review is a kind of court case, in which someone (the “claimant”) challenges the lawfulness of a government decision. This can be the decision of a central government department, another government body such as a regulator, a local authority, or certain other bodies when they are performing a public function.

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 can you sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

How do you sue a government for unconstitutional?

A Section 1983 lawsuit is the right way to sue an official who works for a state or local government, and a Bivens claim is the way someone can pursue a federal official when that official has violated the person's constitutional rights.

What Amendment says you Cannot sue the federal government?

Eleventh AmendmentEleventh Amendment: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Who is covered under the federal Torts Claims Act?

Under the FTCA, 28 U.S.C. §§ 2671-2680, individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting within his or her official duties may file a claim with the government for reimbursement for that injury or damage.

What do you need to do before you can sue the government?

Before suing a government agency. Before you can sue the government or a public agency, you must first file a claim for damages with them. You can file a claim if you feel the agency is responsible for causing you injury, damage or loss.

What to bring to court when filing a small claims claim?

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. If the agency did not respond to you, bring a copy of your claim form and proof of mailing or receipt. When you file your small claims case, you will be given a court date and must have a copy of ...

What is the government agency?

Government and public agencies are any state or local government office that serves the public, such as : The City of Los Angeles. The County of Los Angeles. The State of California. The Metropolitan Transit Authority (M.T.A.)

What are the different types of government agencies?

Government and public agencies are any state or local government office that serves the public, such as: 1 The City of Los Angeles 2 The County of Los Angeles 3 The State of California 4 The Metropolitan Transit Authority (M.T.A.)

Can a federal agency be sued in small claims court?

No. Federal government agencies cannot be sued in Small Claims Court, but you can file a Claim For Damages ( other DOJ forms ). If your claim is denied, contact an attorney for help with filing your case in the U.S. District Court.

How long do you have to file a claim after an accident?

Cities, counties, and other governments are free to set the rules under which they can be held liable for causing injuries or property damage. As a result of that freedom, most municipalities have put strict procedures in place for a claimant to follow before he or she can get compensation for an injury. You usually need to file a claim within a short amount of time after your accident or injury—30 to 180 days in most cases.

Can you sue a government employee for an accident?

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.

Do I need a lawyer for an accident?

If you think that a local government entity (or a government employee) is to blame for an accident, you don't need to hire a special kind of lawyer in order to bring a legal claim. You're most likely looking for a personal injury lawyer who represents people who have been injured as a result of someone else's negligence.

2 attorney answers

If he's doing work in NJ, you can probably sue him in NJ. Depending upon the amounts involved for his fees, you may be able to do it in Small Claims court or you may have to hire a general attorney to sue him in a court of higher jurisdiction. Yoiu may also be able to report him to an Insurance oversight Commission in both...

Jose D Roman

You should contact an insurance lawyer. You can fire the public adjuster, but he will likely be entitled to a fee on the work he did. In certain situations public adjusters are not entitled to a fee -- for example if there is no written contract. My firm has handled cases involving public adjusters and we would be happy to speak with you.

Can you sue the police for harassment?

Police misconduct can present itself in various forms. A person can successfully sue the police for harassment if they are able to provide evidence proving that an officer either illegally spied, racially profiled or made discriminatory remarks against that person. Additionally, discrimination lawsuits can be filed if the individual can prove ...

Can you sue the police for racial discrimination?

Additionally, discrimination lawsuits can be filed if the individual can prove a pattern of racial or sexual discrimination, or discrimination based off of one’s gender or sexual identity. A person can also sue the police for violating their Fourth Amendment rights, which protects them from illegal searches and seizures.

Can you sue the police for excessive force?

Lastly, a person who was a victim of excessive force is able to sue the police. In any lawsuit against the police, extensive evidence must be presented in order to win, as police officers and departments can be notoriously challenging to overcome in court. However, with the right attorney by your side, your case will have a much higher chance ...

Can a police officer win a lawsuit?

An individual who has a case against a police officer can win various damages in a lawsuit depending upon the details of the case. A person can sue for economic damages if they believe that police misconduct cost them financially; lost wages can be awarded to compensate the victim if the incident caused them to lose employment time, ...

Can you sue a police officer?

An individual is eligible to sue the police if their civil rights have been violated by an officer. When police misconduct occurs, it is important to ensure that law enforcement is held accountable for their actions. While winning lawsuits against police officers is difficult, it is not impossible.

Can you sue a police officer for qualified immunity?

This does not mean, however, that a person cannot continue in a lawsuit against the police department. Rather, qualified immunity simply shields the offending officer from personal liability, meaning that a person cannot sue them directly.

How to sue a utility company?

Suing a utility company involves a series of steps. The person seeking to sue the utility may first be required to notify the utility of the complaint. A customer seeking to file a lawsuit against a public utility must file a summons and complaint on the company . The public utility then files an answer.

What are the names of state agencies?

State agencies have names such as “Public Service Commission,” “Board of Public Utilities,” “Public Utility Regulatory Authority, ” and similar designations . Local authorities that regulate public utilities have similar names. These local authorities are regulated by state authorities, or operate independently.

What are the obligations of a private utility?

These obligations include: Public utilities must serve their communities by providing service to any member of the community served by that utility who requests it.

What is the obligation of public utilities?

Public utilities must provide a minimum level of service. Under this obligation, the service provided must be safe for customers to use. If a problem with the service develops, the public utility has a duty to correct the problem.

What is the name of the federal agency that regulates cable networks and Internet service providers?

The name of the federal agency that regulates cable networks and Internet service providers is known as the Federal Communications Commission (FCC).

What is public utility?

Public utilities are companies that are either owned by a municipality, or are privately owned. For privately owned public utilities, the private owners are the companies’ shareholders. Privately owned public utilities have a twin responsibility. They must satisfy shareholder concerns.

How to recover against a utility?

To recover against a public utility, a customer must show that the utility’s delivery was grossly negligent. In other words, the customer must show that the quality of service was sufficiently poor as to be completely out of line with reasonable customer expectations.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.