In most personal injury claims, another person or a company is the party responsible for the injury. For example, if a driver turns left in front of you when you have the right of way, that driver is liable for any damages resulting from a collision. Likewise, if a product causes an injury due to a defect, the manufacturer may be liable for damages. In both cases, you would file a claim and possibly a lawsuit against the liable party (i.e. the driver and the manufacturer).
In some cases, a city may be responsible for a personal injury accident. For example, the steps leading up to city hall may have damage that causes a slip and fall accident or an employee driving a city vehicle causes a car accident. In either case, the city may be held liable for the damages caused by the accident.
However, claims and lawsuits against cities are subject to slightly different rules than claims and lawsuits against private citizens or companies. Government entities can only be sued for certain matters and under certain circumstances. If you have a claim against the city, you need to contact our Indianapolis personal injury lawyer immediately to protect your right to file a lawsuit, or you could lose your right to seek damages from the city for a personal injury claim.
Filing a Notice of Claim with The City
One of the biggest differences in filing a lawsuit against the city is the requirement to file a Tort Claims Notice. In most personal injury cases, the injured party has two years from the date of the injury to file a lawsuit against the party who caused the injury. During that time, you are not under any obligation to provide notice to the responsible party of an injury or potential lawsuit. However, this is not the case when the city is the alleged liable party.
If you allege that the city is responsible for your injury, you must file a Tort Claims Notice with the city within 180 days from the date of your injury. Failure to file the notice is a valid legal defense against any lawsuit filed regarding the injury. In other words, failing to file the notice results in a denial of your claim. Furthermore, Indiana courts have held that the notice must contain certain information to be considered a valid notice. Therefore, you want to contact an Indianapolis personal injury lawyer as soon as possible if the city or a city employee is involved in any way in your personal injury case.
Call Now for A Free Consultation with an Indianapolis Personal Injury Lawyer
When you are injured in an accident, you are focused on seeking medical attention for your injuries. You are also focused on getting back to work so you can provide for your needs and the needs of your family. However, you must also take steps to protect your legal right to receive compensation from the party who caused your injury.
Because certain laws may limit your ability to file a lawsuit and recover compensation, it is always in your best interest to consult with an attorney as soon as possible after being injured. An experienced, skilled, and trained Indianapolis personal injury lawyer can help protect your legal rights.