Anyone injured or killed in an accident caused by negligence has the right to pursue compensation from liable parties. However, each Los Angeles injury attorney at our firm can attest to the fact that the process takes on extensive complications when a liable party is a municipality. It is important to pursue compensation from everyone whose negligent acts contribute to injuries or fatalities, but it is also vital to identify when filing a municipal personal injury claim makes sense.

A Municipal Connection Does Not Always Justify a Municipal Claim

Municipalities typically hire outside companies to work on construction or other projects that can lead to injuries; but, the hiring government agency is not automatically liable for accidents. In a recent tragic case reported by CBS News, the load shifted in a gravel truck connected to a city construction project, crushing the car of a pregnant woman and killing her as she backed out of her driveway.

As of the time of the report, investigations into the causes of this accident were just beginning. However, it seems clear that anyone from the truck driver to the construction company will most likely bear significant liability for the accident which might have been caused by improper loading, equipment malfunctions, failure to follow all safety procedures or a host of other errors.

Still, the city might share some liability if, for example, they imposed unrealistic deadlines and requirements that forced the trucker to overload the truck.

Claims Against Municipalities Involve Many Complexities

If a municipality clearly bears significant liability for an accident, victims may need to file claims against them just to pursue the full compensation they need and deserve. However, any number of rules and regulations pertaining to municipal claims can make the process a challenging one. For instance:

• Sovereign immunity may be at issue: Although this issue is not as common as it used to be, municipalities continue to be immune from certain types of injury cases.
• Different municipalities impose different restrictions: The regulations differ depending on the involved municipality. At the state level, claimants actually need permission from the state prior to filing suit. Additionally, any municipality might be conducting the business of a higher one, so even identifying the correct defendant can pose challenges.
• Municipalities require specific filing processes: Whether claimants are filing against the state, a county, a city or even a school district, specific forms are required to notify agencies that a claim is imminent. Failure to follow the precise process can lead to rejection of a claim, particularly if a required form is not submitted within the statute of limitations.
• Shorter time limits can prevail: While the California personal injury statute of limitations generally runs for two years, claims against government agencies typically must be filed within six months or, in some cases, a year of the incident.

Anyone who needs to file a claim against a municipality needs a legal advocate who knows how to identify and follow the rules associated with these unusual personal injury cases. Call The Rudman Law Firm APC toll-free at (844) 478-3626 / (844) 4RUDMAN, at our Los Angeles office (213) 375-3777 or at our Studio City office (818) 769-6969. You can also use our convenient online contact form to reach us at any time.