What Kind of Lawyer Do I Need to Sue a City?

If you think a city or other local government (or a government employee) is to blame for an accident that injured you, there's a special set of rules you'll need to follow if you want to get compensation for your harm. Having a lawyer on your side can be a big help in cases like these, but you might not need to hire one right away. Read on to learn more.

There Are Special Rules For Injury Claims Against a City

Cities, counties, and other governments are free to set the rules under which they can be held liable for causing injuries or property damage. You can't just go right to court and file a personal injury lawsuit against the city. Instead, most municipalities have put strict procedures in place for a claimant to follow. You usually need to start the process by filing a "notice of claim" with the right government agency within a short amount of time after the incident that injured you.

What's In the "Notice of Claim" After an Injury Involving the Government?

The answer depends on the rules in the city or county. The government might have its own claim form for you to complete, or they may just maintain a list of required information that you'll need to submit. The claim procedure may not seem especially complicated, but it's crucial to comply with all applicable deadlines and supply all required information, or you'll likely lose your right to get compensated over the incident.

What Happens After the "Notice of Claim"?

Once you've properly submitted a notice of claim, the government will have a certain number of days (set by statute) to either deny your claim, settle it, or take no action. If your claim is denied or no action is taken after a certain period of time, you're usually free to go to court and file a civil lawsuit against the municipality. So in this way the "notice of claim" process acts as a sort of prerequisite to taking the matter to civil court.

Learn more about the special rules for filing an injury claim against a city.

At What Point Do You Need a Lawyer's Help With an Injury Claim Against the City?

You can handle the "notice of claim" process yourself, at least at the outset. Your best first step is to contact the agency involved in the incident (or its clerk's office) and ask about the process and requirements for filing an injury claim. You can also start by doing an online search using a phrase like "injury claim against [name of state/city/county] government."

Just make sure you understand and comply with all the requirements for getting your claim filed. You can always wait and see if and how the government responds to your "notice of claim" before you decide whether to hire a lawyer. Maybe the city will agree to settle the matter and pay you a fair amount. If your claim is denied, or the city doesn't respond within the time limit stated in the claim process, it might make sense to discuss your situation with a lawyer, especially if your injuries are serious.

Do You Need a Special Kind of Lawyer For an Injury Claim Against the City?

You don't need to hire a special kind of lawyer in order to bring an injury claim against the city. You're most likely looking for a personal injury lawyer who represents people who have been injured as a result of someone else's negligence. But you might want to consider hiring a personal injury attorney who has experience bringing similar claims against the government—maybe even against the same municipality that you're looking to hold responsible for your injury.

How Will Your Lawyer Be Paid In an Injury Case Against the City?

With most kinds of personal injury cases, an attorney agrees to represent a client under a "contingency fee" arrangement, and cases against a municipality are no different. Under this kind of agreement, the client doesn't pay anything for the attorney's legal services unless the client receives compensation through a settlement or a court judgment. Any lawyer's fee will come as a percentage of the money the client receives (usually around 33 percent).

Learn more about how personal injury lawyers work, and how to find the right one:

• Learn how a contingency fee agreement works in an injury case
• Should you hire a personal injury lawyer or handle your own claim?
• Understand how lawyers decide whether to take an injury case
• How to find the right personal injury attorney for you and your case
• What will your personal injury lawyer do?