what kind of lawyer would sue the county?

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.

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 government agency 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. Before suing a government agency

Can you sue a city in a civil case?

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. However, the process is different from (and significantly more complex than) suing a person, company, or other private organization.

Can you sue a country?

Although foreign nations enjoy sovereign immunity, there are exceptions to the rule. Can you sue a country? Yes, you can – if its actions fall outside the scope of legitimate commercial and state-sponsored activities.

Can you sue a county in Texas?

Under this rule, the government must give people permission to sue them. The State of Texas, however, like many other states grants citizens the right to sue the State, cities, and/or counties by Statute. The Statute is called the Texas Tort Claims Act.

Can you sue the government for violating the Constitution?

Individuals whose constitutional rights are violated by the state government are legally entitled to file a civil action to recover damages. This can be done because of Section 1983, an abridged term for 18 U.S.C. Section 1983, which provides US citizens the right to sue government officials and employees.

How do I sue the State of Texas?

In Texas, the state government generally cannot be sued because it has sovereign immunity.

How do I sue 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 I sue the government?

Can I Sue a State Government for Negligence? State governments were historically entitled to the same sovereign immunity as the federal government, but every state has passed its own version of a "Tort Claims Act." Individuals can typically sue state and local (city or county) governments if they follow special rules.

What constitutes a violation of civil rights?

A civil rights violation is any offense that occurs as a result or threat of force against a victim by the offender on the basis of being a member of a protected category. For example, a victim who is assaulted due to their race or sexual orientation. Violations can include injuries or even death.

What is considered a violation of constitutional rights?

Constitutional rights violations can take a variety of forms, ranging from retaliating against you for expressing your First Amendment right to free speech, to arresting you without possessing probable cause to believe you have committed a crime, or even arbitrarily depriving you of your Fourteenth Amendment right to ...

What can citizens do if their rights are violated by the government?

If you believe that a protected right was violated, you likely have a number of options available to you including: resolving the matter through informal negotiations, filing a claim with the government, and filing a private lawsuit in civil court.

How much does it cost to file a civil suit in Texas?

When you give your petition to the clerk, you should be ready to pay a filing fee. Filing fees are often $200 or more. If you cannot afford to pay the filing fee, you may file a statement of inability to afford to ask the court to waive the fee for you.

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.

How long do you have to file a civil suit in Texas?

In Texas, civil statute of limitations laws are anywhere from one to five years, depending on the severity of the claim. While Texas plaintiffs have one year in which to file a claim for defamation, the time limit is five years for sex crimes.

Can I sue a city or county?

Yes, it's possible to sue a city or county when their negligence caused your injury. For example, if you were in a car accident because a cop ran a...

What are the steps for suing a city?

To sue a city, first you must file a "Notice of Claim" with the government so they know you're planning to file a claim. Then you should contact a...

What do I need to prove in order for my claim to be successful?

For a successful claim against a city or county, you'll need to prove the following: the city acted negligently, that negligence caused your injury...

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 ...

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.

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.

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 is negligence in Pennsylvania?

In Pennsylvania, governmental employees and entities also enjoy certain immunities from liability.

What is punitive damages?

Punitive damages are compensation that is awarded to an injured person in order to punish the wrongdoer and deter future similar misconduct.

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 is the notice of claim addressed to?

Format of the Notice of Claim. In most jurisdictions, the Notice of Claim must be addressed to each person or entity that caused your injuries. The Notice of Claim is not filed with the court, but must be mailed (often by certified mail) to each government employee or entity.

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 ...

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.

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.

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.

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 ...

How long do you have to file a claim for a car accident?

You must submit the form within 6 months from the date you were injured or your personal property, such as a car or motorcycle, was damaged. If the claim involves a breach of contract or damage to real property, such as your house, you must file the claim within one year from the date it occurred.

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.

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?

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 ...

How long does it take to file a personal injury claim in North Carolina?

Make sure to check the statute of limitations for personal injury and negligence claims in your state. In North Carolina, claims must be filed within three years for a personal injury case and within two years for wrongful death.

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 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 is medical malpractice?

Medical malpractice committed by public health care workers, doctors partnering with Medicare/Medicaid, or a government department (Veterans’ Affairs, for example) In any type of litigation against a government, multiple factors will determine your ability to make a solid case and recover financial compensation.