You slip and tumble while walking your dog near a city government building on a disintegrating sidewalk. An on-duty cop runs a red light and collides with your car. Is it possible to sue the city of Conyers for your injuries? Is it possible to file a lawsuit against the municipality that hires the police officer? While it is possible to sue a town for some types of accidents, lawsuits against governments are much more complicated than those brought against private individuals. A Conyers Personal Injury Lawyer can help you in this process. This article explains how to get started on a claim against the city of Conyers for negligence.
Step 1- The “Notice of Claim”
Before filing a lawsuit in Conyers, you must first submit a “Notice of Claim” against the city. This legal document states that you have filed a claim. The law specifies what should be contained in the notice of claim and when and how you should submit it.
In general, however, the notification must include the following information:
- a description of where, when, and how the accident occurred
- a report of the injury
According to Conyers law, you must file the Notice of Claim within a certain amount of time following the accident. Failure to file a Notice of Claim in time may result in the lawsuit being dismissed.
Step 2- File a lawsuit
The city may opt to settle your case with you rather than deal with a potentially lengthy and complicated lawsuit after receiving a notice of claim. The city will most likely deny the claim. At this time, the injured individual can initiate a negligence case against the city.
Step 3- File a negligence case
To bring a negligence action against the city, you as a victim must prove all of the components of a negligence claim:
- The city’s duty of care.
- A violation of that duty.
- Proof that the breach of duty resulted in harm.
- The actual injury.
As with any negligence claim, it is critical to acquire as much evidence as possible to back up your claim. Obtaining witness accounts, photographic evidence, medical records and bills, and coordinating reports and testimony from treating physicians are all part of this process.
Conyers has policies that offer an upper hand to the city for various negligent activities, making negligence lawsuits against this city more difficult than claims against private individuals. Consider the case of a pedestrian who is hurt when a police officer responding to a 911 call hits her while she is walking. Because of the government’s immunity, the pedestrian is unlikely to pursue a lawsuit against the officer or his employer in Conyers that easily.