Can You Sue a City for Negligence?
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Can You Sue a City for Negligence?
Accidents and injuries happen every day across the country, but what happens when a city or public institution is responsible for a personal injury or accident? Can you sue a city for negligence?
Most personal injury claims involve a legal dispute between two private parties. When someone’s injuries are the result of another party’s negligent behavior, the victim may be entitled to financial compensation through a civil legal claim.
A public institution may be liable for a victim's personal injury if they slip and fall because of a leak inside a courthouse. A U.S. Postal Service vehicle may cause someone to experience a car accident. Veterans Administration physicians may fail to properly diagnose a medical condition.
Whatever the circumstances of your accident or injury, it is vital to review your case with a skilled tort attorney. The knowledgeable team at Morgan & Morgan has experience with all types of accident and injury claims.
We will help you determine whether a city government is legally responsible for the costs and losses resulting from your accident. Contact Morgan and Morgan today by filling out our simple online form. Our friendly staff will gladly arrange a free consultation for you!
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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How Can You Sue a City for Negligence?
Many people believe that injury victims are prohibited from suing a public institution for negligence. This is a misconception, leading many people to ask the question, can you sue a city for negligence?
In some instances, a city, state, or municipality engages in negligent behavior, resulting in someone’s harm. When this happens, how can you sue a city for negligence?
Personal injury lawsuits against individuals and businesses are common. Legal claims against public institutions are less typical. Still, there are some circumstances in which cities can be held liable for negligence.
When a government employee performs a negligent action that causes harm or loss, the victim may be entitled to compensation. Some examples of situations that might result in a negligence lawsuit against a city or government institution include the following:
Traffic Accidents
When a government employee causes a motor vehicle collision, the employing public institution may be held responsible. For example, suppose that a public works vehicle operator runs a stop sign and an accident occurs as a result.
If someone sustains a personal injury in the collision, they may have grounds for a tort claim against the public works agency. Victims can pursue financial damages to cover their monetary and personal losses.
Falling Accidents
Falling accidents can happen anywhere. When someone slips or trips and falls because of dangerous conditions, those responsible can be held legally liable.
If a falling accident occurs in or near a government building, the relevant agency may be held accountable. For example, suppose that a visitor trips and falls in a city hall building because of debris in a walkway.
Negligent Government Security
When you visit a government building, you should expect to be reasonably safe. If the building’s security personnel are negligent, people may experience accidents or injury as a result.
An instance of assault resulting from inadequate or substandard government security may invoke a tort claim against the city. Speak with one of the Morgan & Morgan attorneys if you have been injured as the result of negligent security personnel.
Medical Malpractice
Public healthcare providers are required to offer patients a reasonable standard of professional care. This is also true of physicians who have partnered with Medicaid and Medicare programs.
Medical professionals who work for Veterans Affairs or other government agencies are also required to provide reliable care. When one of these physicians engages in malpractice, the associated government agency can be held liable for the resulting harm.
Some of the most common examples of medical malpractice resulting in legal claims include the following:
- Misdiagnosis
- Failure to diagnose
- Failure to order appropriate labs or tests
- Inappropriate medication or dosage prescription
- Surgery errors or wrong-site surgeries
- Anesthesia errors
If a doctor associated with a government agency has been negligent and caused you harm, do not wait. Reach out to the accomplished legal team at Morgan & Morgan to explore your legal rights and options.
What Are The Challenges of Suing a City for Negligence?
Typically, attempting to recover damages from a negligent city, state, municipality, or other public agency can be more difficult than suing a private business or individual. This is because a city or state government will have massive resources, and some have special legal protections.
This difficulty feeds into a common misunderstanding, steering people to ask, can you sue a city for negligence?
Despite suing a city being an uphill battle, you should not be stuck managing the losses from your injury. For this reason, it is vital to hire a skilled tort attorney from America’s largest personal injury firm. Morgan and Morgan has a decades-long track record of successfully fighting for our clients that proves our firm’s skill.
Reach out to the skilled team at Morgan & Morgan to determine whether you have a valid legal claim against a city government or municipality.
What to Expect When Filing a Claim Against the City Government?
When you have been injured because of a city’s negligence, the first step is to file a claim. In most cases, your legal representative will help you file with either the risk management office or the city attorney.
After the claim has been filed, the city has three possible ways to respond:
- Accept the claim and provide financial damages
- Negotiate for a lower amount and attempt to settle
- Deny the tort claim
It is very rare for a government agency to simply accept a tort claim against them. Instead, it is more likely that the city will attempt to negotiate a lower payment or flatly deny its liability.
Having a member of the accomplished Morgan and Morgan legal team represent you will give you the best chance of recovering the compensation you deserve. Our attorneys know how to effectively negotiate with public representatives to get the money you are owed.
If a settlement is not possible, you have the option of filing a lawsuit against the city for damages. As with any tort legal claim, you will need to prove that the city’s negligence caused or contributed to the harm you suffered.
Your Morgan & Morgan lawyer will carefully assess the facts of your case to help you determine who is liable. The legal strategy you take may differ depending on whether a single government employee or an entire public agency is liable.
What Is Sovereign Immunity?
One complicating factor in tort claims against city governments is a legal concept known as sovereign immunity. Under this concept, governments cannot be sued and are immune from legal liability.
This protection does not always apply. For instance, public employees who are not enacting governmental functions may still be vulnerable to legal claims.
Speak with a knowledgeable tort attorney to determine how sovereign immunity could affect your case. Many cities and localities have waived this type of immunity to allow victims to file negligence claims.
How to Prove Liability in a Claim Against a Public Entity?
When you are pursuing a legal claim against a city, state, or municipality, you will need to provide evidence that the relevant party or agency was negligent. The legal concept of negligence involves the following five elements:
- The government agency owed the victim a duty of care
- The government agency breached their legal duty
- The victim suffered actual harm
- The breach of duty was the cause of the injury
- The agency is not covered by any legal immunity
Since it is difficult to determine when legal immunity applies in tort claims against public entities, seek advice from a member of the seasoned Morgan and Morgan legal team.
Our attorneys thoroughly know the relevant statutes and legal issues in these cases. We have successfully fought for accident and injury victims since our founding in 1988.
Should I Pay for a Legal Consultation About My Accident or Injury?
No! You should never trust a tort law firm that requires payment before reviewing the facts of your case. The team at Morgan and Morgan knows that injury victims face enough personal and financial challenges.
We provide all prospective clients with a no-cost and no-obligation legal case evaluation. During this meeting, one of our legal professionals will carefully assess the validity of your potential claim.
No matter the circumstances of your personal injury or accident, our litigators will help you explore every possible option in your case. Legal case evaluation meetings are an excellent opportunity to ask any questions you have.
Some of the typical questions that prospective claimants ask are:
- How long do you believe this case will take?
- How does your firm handle attorneys’ fees?
- Who is legally liable for this claim?
- Have you handled tort cases against government entities before?
- What would your general strategy be for this case?
- What types of damages can I hope to recover?
- What do you estimate is the value of this claim?
- How should I proceed following this consultation?
A seasoned legal professional will be able to answer these questions. Also, make sure to ask any questions relating to the specifics of your case. This can help you to determine the best path forward for you.
What Is the Statute of Limitations in Cases Against City Governments?
If you are filing a legal claim against a public entity, time is of the essence. The statute of limitations is a time limit that determines when victims must file claims for damages following a harmful incident.
The statute of limitations may differ depending on the state where you hope to file the lawsuit. It is important to consult with one of the lawyers at Morgan & Morgan as soon as possible following your accident.
When we take your case, our team will work diligently to meet all the required legal timelines in your claim.
Contact the Team at Morgan & Morgan
When you need legal representation to pursue damages from a city government, reach out to Morgan and Morgan. We have the skills, experiences, and resources to successfully fight for you.
Do not let a negligent city government or public agency deny you the compensation you deserve. You should not have to pay medical bills, property damage costs, and other losses from an injury that you did not cause.
Whether or not you can sue a city for negligence depends on numerous factors, but we can help guide you. Complete the easy-to-use contact form on the Morgan and Morgan website to schedule your no-cost legal consultation. Let our skilled team work tirelessly for you.