To sue the city for a car accident, its official must have caused the accident through negligent, careless, or reckless actions. The concept of sovereign immunity might influence your ability to seek compensation if the accident occurred while the city official was performing their professional duties. If you or someone you love was injured in an accident, you could have the basis of a personal injury insurance claim or lawsuit.
When trying to understand the steps for obtaining compensation, you could have many questions about your ability to sue the city official for a car accident and if need a car accident lawyer to file a lawsuit. It usually costs nothing out of your own pocket to hire one to pursue damages on your behalf. With legal guidance, you could recover your medical bills, lost wages, and more.
Follow These Steps to File Your Lawsuit Against a City Official
Suing a city official, or the city itself, for car accident damages can be a complex and involved legal process. A car accident lawyer can help you manage all the moving parts of a car accident lawsuit suing the city.
In general, how to sue a city for a car accident includes:
- Collecting evidence that supports your claim
- Filing a complete insurance claim
- Filing the lawsuit in the appropriate court
- Documenting your recoverable damages
- Submitting a settlement demand letter
Most car accident cases will not go to court. Instead, they are resolved with a settlement after one or more rounds of negotiations.
Your Lawsuit May Not Have to Go to Court for Resolution
If you are wondering can you sue a city claim against city official accident, you can, though your case is not likely to go to court. Your case is far more likely to be resolved with a settlement. A damage assessment and demand letter will be sent to the insurance company. Offers and counteroffers will be made, reviewed, and assessed.
Once an agreement is reached, payment will be remitted to your lawyer. After deducting their fee (a percentage of your recovered damages), they will send the remainder to you.
How to Prove a City Official’s Negligence Caused Your Car Accident
To define city official accident liability, you need to build a compelling case file that proves the accident’s cause, contributing factors, and resulting costs. The city can be held liable if their official was acting within the scope of their employment when the accident occurred.
During our evidence collection phase, we often find solid proof that clearly indicates the at-fault driver’s negligence, and the case is wrapped up without going all the way to the courtroom. We will collect evidence to build your case file, including:
- Proof of the official’s job capacity
- The official’s license and driving history
- Police and first responder reports
- Medical, rehabilitation, and therapy records
- Employment and salary history records
- Injury, vehicle, and accident scene photos
- Lay and expert witness statements
Evidence collection is an important part of your lawsuit. It helps our lawyers demonstrate the four legal elements of negligence—duty of care, breach of duty, causation, and damages.
Damages You Can Recover When You Sue for a Car Accident in Florida
Depending on its severity, a car accident can leave you with injuries ranging from minor to catastrophic. In some cases, your own personal injury protection (PIP) insurance will cover many of your financial losses. In other cases, the at-fault party (the city official and the city, in this case) can bear responsibility for compensating you.
Your car accident compensation will include the following economic and non-economic damages:
- Known and anticipated medical bills
- Known and anticipated lost wages
- Loss of the ability to earn in the future
- Property repair or replacement
- Disabling and disfiguring injuries
- Ongoing physical pain and suffering
- Lasting mental and emotional anguish
If you lost a loved one in an accident, specific family members could be entitled to compensation. While nothing can atone for the loss you experienced, a wrongful death attorney can help you recover fair and appropriate compensation.
Your Car Accident Claim Against a City Official Could Have Damage Caps
In traditional car accident claims, damage caps do not typically apply. When seeking compensation from a municipality, though, the amount of damages you can recover is limited by Florida Statutes § 768.28(5):
- Any financial compensation you receive will be capped at $200,000
- If a passenger in your car was injured, total compensation cannot exceed $300,000
Creating a carefully detailed list of your recoverable damages can help us avoid omitting forms of compensation, which could lead to your claim being undervalued or underpaid.
What You Need to Know About Florida’s Statute of Limitations
When suing a government agency, you generally have six months from the date of injury (or demise in wrongful death claims) to provide written notice of your claim, according to Florida Statutes § 768.28(6)(a)(1).
Once proper notice is given, your claim will be reviewed in detail and a decision will be made to offer a settlement or deny compensation. An attorney in your area can guide you through the process of negotiating a settlement or filing an appeal if your claim is denied.
You Could Face Serious Consequences if the Notification Deadline Expires
Florida’s notification and filing deadlines are mandatory. Failure to comply could result in the loss of your right to compensation. That, in turn, will cause you to carry the financial burden of an accident you did not cause. The police report and other official documents related to the accident can help you understand the date the statutory clock starts running.
Find Out How We Can Help You Sue a City Official for a Car Accident
If you were injured by a city official in a government-owned vehicle, you could be entitled to financial compensation. Our personal injury lawyers will discuss if you can sue the city official for a car accident, among other concerns We will also help you build a strong case for financial recovery.
Learn more about recovering damages by contacting our consultation team at the Law Offices of Wolf & Pravato. Call (954) 633-8270 for your free case review.
