An individual can sue a city for numerous reasons. Here is how to sue a city for negligence.
Reasons to Sue a City for Damages
An individual may seek monetary damages from a city for:
- Being hit by a government vehicle (public works vehicle, police car, ranger vehicle, city bus, public school bus, parks and rec vehicle, etc.)
- Being harmed due to a lack of government security.
- Medical malpractice caused by a public healthcare provider or a doctor partnered with medicare or Medicaid.
- Slipping and falling in a government building, such as a city hall.
Suing a city can be more difficult than suing an individual or organization because a city has many legal protections and additional resources.
1. Obtain an Attorney
Representing yourself in a lawsuit against the city would likely be a futile effort. The city has a team of attorneys to deal with lawsuits and if the case is large enough, they have the ability to hire outside counsel.
When meeting with your attorney for the first time, present every piece of information/evidence that proves negligence on the part of the city. Provide them with times, dates, location, and witnesses. Essentially, provide them with the evidence that the fault falls on the city government.
Ex: If you fell and slipped in a government building, explain to the attorney that there was no wet floor sign out and the wet floor was clearly a safety hazard.
2. File a Notice of Claim with the City
Public entities are entitled to receiving a notice of claim prior to filing the lawsuit. The following information should be included in a notice claim:
- Names and contact information of all parties involved
- The severity of your injury
- Description of when, where, and how the injury occurred
- The amount of compensation the injured party is seeking
In California, an injured party has six months to file a notice of claim.
Related: How to Sue a City for Harassment
3. Wait for the City to Respond
In the majority of cases, the notice of claim is often denied or a very small settlement is offered to the victim. However, the city’s response does allow the victim to file an official lawsuit against the city.
4. File a Lawsuit Against the City
File a lawsuit with the appropriate court in your county and serve a copy of the lawsuit to the city and any other involved parties. The city has a period of time to respond to the served papers prior to the start of the case.
Prior to the start of the case, both parties have time to gather evidence to support their arguments and claims. These often include expert witnesses, medical records, and eyewitness testimony. This process may take up to a year. If the victim has a strong case, most cities will choose to settle instead of going to court during the discovery process.
Related: How to Sue Someone in Small Claims Court
5. Trial
In the unlikely event that the case continues to court, the average trial only tends to last a few days. The upside to the long wait period is that compensation granted by a judge or jury tends to be higher than settlements.
Related: Civil vs Criminal Law: The Difference
Can I file a lawsuit against a county, state, or local government?
The same process outlined above would apply when filing a lawsuit against larger forms of government.
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If you or a loved one is seeking to sue a city for negligence in California, get your free consultation with one of our experienced attorneys in California today!