Suing A Municipality For A Personal Injury Incident

Personal injury incidents are unpredictable and can leave victims with serious physical and emotional trauma, as well as financial burdens. If a personal injury incident is caused by the negligence of a municipality or its employees, such as slipping on a patch of ice on a public sidewalk or being involved in a car accident with a municipal vehicle, it can be difficult to know how to seek justice. While suing a municipality for damages is a possible option, the process can be complex and requires specific legal procedures to be followed.

In this blog, we will delve into the complexities of personal injury lawsuits against municipalities, with a focus on the potential roadblocks and challenges that plaintiffs may face. Using a scenario involving a slip and fall on a public sidewalk, we will explore the legal procedures that must be followed to achieve a successful outcome in a personal injury lawsuit against a municipality.

Some Municipalities Cannot Be Sued

When you are considering a personal injury lawsuit against a municipality, keep in mind that the municipality makes the laws. While we would hope that our elected officials would not abuse their status, the fact is that some municipalities have laws in place that prevent them from being sued for personal injury events. The personal injury laws can vary from county to county, and it is important to have an experienced attorney on your side if you do decide to try and sue a municipality.

The Process Is Different

Every state has a list of statutes of limitations that apply to various types of personal injury events. For example, there might be a two year statute of limitations where you can file a slip and fall injury claim in your municipality. This means that you have two years from the date of the incident to file a claim against the negligent party. When it comes to suing a municipality, you do not have that luxury.

In most places, you have between 30 and 90 days to file an intent to bring a claim against the municipality for your injuries. This means that you must notify the municipality of your intent to sue before you can file a lawsuit. This process is used in states such as New York, and the municipality can refuse your right to sue without reason. If your intent to sue is approved, then you have a small window of time where you can file your lawsuit.

Even If You Win

It is possible to file a personal injury lawsuit against a municipality and win your case, but that is where your battle begins. There are processes in place that allow a municipality to delay your payment, and some areas even allow the municipality to deny the claim completely after the case has been tried. So even if you win your personal injury case against a municipality, you are still in for a long and frustrating battle.

Every citizen deserves justice when they feel that they have been injured due to the negligence of others. But if your injury is the result of the negligence of a municipality, then you will have a difficult time getting the justice you seek. Your best approach is to hire an experienced personal injury attorney and work hard to get the compensation that you deserve.

Call Sgarlato & Sgarlato PLLC. today to schedule your free consultation.

Sgarlato & Sgarlato PLLC Personal Injury Lawyers helps injured residents of the Staten Island area recover full compensation for the damages and losses they suffer due to the negligence of others.
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