Filing a Personal Injury Lawsuit Against the City
In the world of personal injury law, sometimes referred to as tort law, there is quite a bit an individual must know to truly understand the ins and outs of the field. However, lucky for us, there’s really no reason for any of us to become experts in the field of personal injury law, unless we plan on becoming a lawyer, or until we are in the midst of a personal injury lawsuit ourselves – and even then, we can often lean on our attorneys. The fact is that personal injury lawsuits cover quite a wide array of situations and instances, in fact it’s not just about getting into car accidents, being the victim of medical malpractice or having your neighbor damage your property. According to the team at Levine & Wiss, the best municipal liability lawyer Manhattan has to offer, a lot of personal injury claims are actually not even filed against people at all, a lot of them these days are being filed against businesses, organizations, hospitals, schools, and even the state or city government! This has become quite prevalent in New York City, and there are tons of lawyers chomping at the bit to take on the city in such a case, as they are likely to get quite high payouts and it can help them to make a good name for themselves with the publicity it is likely to create. But many often wonder, can you actually sue the city for personal injury and end up victorious? Is it actually worth it? And are you going to end up getting unwanted parking tickets for the rest of your life after you do so? According to Levine & Wiss, the best municipal liability lawyer Queens has in practice, in many cases the city can be quite negligent in their actions in such cases just like with a person, filing a personal injury lawsuit is the only way to get the legal recourse and justice you deserve. In this article we will go through how it all works.
Personal Injury Lawsuit Against the City
It can happen to any single person, at any time – for instance you might be out for an evening stroll with your partner, and then you slip and fall as a result of a poorly maintained, obviously broken, even crumbling sidewalk just outside a local city building. Now if this was a person, you would easily be able to file a lawsuit – can you do the same for the city? According to Levine & Wiss, the best municipal liability lawyer Manhattan has in practice, filing a personal injury lawsuit against the city is a serious thing, and while it can be done, and is done often, it is a bit more complex than a regular personal injury claim.
Notice of Claim
In many states across the United States, before you can file a lawsuit against the city or state you must file what is known as a notice of claim. Depending on the state you are in, what is included in this notice will be different each time. According to Levine & Wiss, the best municipal liability lawyer Queens has in practice, in most cases a notice of claim must include the following:
· The name and contact info for all parties involved in the accident claim.
· A short description of where, when and precisely how the accident occurred.
· A description of any and all injuries.
· And the number of damages that are being sought out.
Its best that if you have a situation where you might want to sue the city, you contact an attorney asap, and ask about such a notice of claim. An attorney such as Levine & Wiss, the best municipal liability lawyer Manhattan has to offer, will help prepare all documentation and advise you on how to proceed further for the best possible outcome.
Preparing to Sue
In many instances, once they get the notice of claim, the city will often attempt to settle with you – as long as they feel you have a valid enough case. However, in most cases your claim will be denied, and you will have to file the actual lawsuit. according to Levine & Wiss, the best municipal liability lawyer Queens has in practice, in order to file your lawsuit against the city, yu will have to establish the following:
· The city had a duty of care to you and its citizens.
· The actions that were or were not taken, in some way breached that duty of care.
· You must first show that the incident which occurred, caused you injuries, and those injuries were real. You must then show proof that that breach of duty, caused your injuries.
With the help of your lawyer, you must gather as much evidence as possible in order to sue. The fact is that while legally it shouldn’t be, in most cases it will be harder to actually fight against the city, as it is their courtroom and they essentially have the “home court advantages” as they say in sports. However, with a strong case, and many detailed evidentiary pieces and a strong attorney, such as Levine & Wiss, the best municipal liability lawyer Manhattan has to offer, you should be in good shape. For more information on how to sue the city, be sure to contact Levine & Wiss today.