When You Can File a Lawsuit Against a City for Negligence
While far from a simple process, it is possible to sue a municipality. Perhaps you had a slip and fall accident in a poorly maintained public park. Maybe an on-duty police officer crashed into your car while they drove at fast speeds, without having turned on their lights or siren. In some cases, the city can be held liable for an accident. But you would have to build a strong case, showing that the city was negligent, and establishing that you were no way at fault; nowhere is this truer than in North Carolina, which has contributory negligence.
The notice of claim also has to be filed perfectly, otherwise it can be quickly dismissed. As it is, lawsuits against a city are often denied. If you are interested in pursuing a claim against a city, then you need the expertise of an outstanding personal injury lawyer.
In order to prove negligence, you will have to be able to show that the city had a duty of care, and that this duty was breached. Moreover, you would have to prove that you were indeed injured, and that the city’s breach of duty was the cause of your injuries. This will require a great deal of medical records, pictures, witness testimony, etc. While proving any part of a negligence claim can be tricky, it can be especially tough to prove that a city has a duty of care.
For example, a city may not be held responsible because ice was not cleared from the sidewalks in front a courthouse. But if there was snow on the sidewalk in front of a courthouse that concealed something like a hole in the ground, then in that case a city might be said to have breached a duty of care. If a trespasser was injured by this hidden danger, however, then a city would not owe them a duty of care. But this duty of care is not the most difficult aspect of suing a city. The fact of the matter is, cities can claim immunity in many cases.
Any personal injury claim will be a complicated matter, but this is especially true in negligence claims against a city. But these cases can be, and have been won before. In fact, a city may be willing to agree on a fair settlement instead of going through a lengthy trial. An experienced attorney can craft a strong notice of claim and might enable you to come away with a settlement or to win your case in trial.
If you are entitled to compensation from the city, then you can find the skilled legal representative you need in a Raleigh personal injury lawyer from our firm. Find out if you have a case when you contact the Whitley Law Firm today!