What Kinds of Damages Might Be Suffered in An Accident Caused by The City?
You could be injured because of negligence on the part of the city. This might be because of a defective sidewalk, an inattentive street worker, or an intoxicated city employee behind the wheel of a city vehicle. An accident report must be filed.
Be sure to establish medical care right away. Regardless of your injuries’ severity, the failure to get medical care immediately can negatively affect your personal injury claim.
Be sure to maintain thorough documentation supporting your claim, including medical bills, medical records, proof of lost wages, and written repair estimates. Here are a few of the most common damages suffered in accidents:
- Future and past lost wages
- Future and past medical expenses
- Permanent disabilities
Pursuing A Personal Injury Claim Against the City
If you slip over, fall and injure yourself anywhere that is owned or maintained by the city administration, you have the right to seek compensation if you believe that the accident was avoidable.
To be awarded compensation for your injuries you must be able to clearly establish that the city was negligent in some way and that this negligence was the direct cause of your injury.
The most common accidents happen on city streets, especially on sidewalks. The typical accident is one in which a pedestrian slips up or trips over because the sidewalk surface is uneven, loose or covered in debris.
It is the responsibility of the city to maintain any sidewalk which is open to the city’s residents to use. Failure to fill in holes, replace broken stretches of paving and straighten up uneven surfaces is an example of negligence.
Other slip and fall accidents that could result in a claim against the city may happen inside any city owned building or outside in the city parking lot. They could happen while entering or leaving an elevator, when slipping over on recently cleaned floors in a lobby or corridor, or tripping over on loose carpeting or other floor surfaces.
Poorly maintained street or office lighting may exacerbate accidents and make them more frequent.
Filing a personal injury claim against the city isn’t like pursuing a personal injury claim against an individual. Government entities have protection from lawsuits, but there are applicable exceptions. Specific procedures must be followed to file a claim.
There is a two-year statute of limitations for personal injury claims in Nevada. Because the city is a government entity, you must fill out a notice of claim. The city has 90 days to respond to that claim from the date you file it. If they deny your claim or if they fail to respond, you can file a lawsuit.
What Kind of Injuries Could Occur
Anyone who slips, trips or falls over could easily be injured through no fault of their own. Obviously, the potential injuries may depend on how young or athletic the affected person is, but this doesn’t affect the responsibility of the city to ensure all their public areas are safe to use.
The most common injuries resulting from a fall are:
- scratches, cuts and bruises;
- strains;
- sprains;
- broken bones – especially arms, wrists and hands;
- dislocated joints, e.g. shoulder and hips.
More serious injuries still could occur if the person falls against a hard or sharp surface. The worst injuries include the following:
- back injuries, including spinal injuries;
- neck injuries;
- head injuries, including traumatic brain injuries;
- facial injuries, including damage to the eyes and teeth.
All unexpected injuries could become expensive. The cost of slip and fall injuries can easily mount up if the injuries are serious. The following may have to be paid after a fall:
- ambulance fees;
- doctor’s visit fees;
- medication;
- tests, such as x-rays and scans;
- hospital stays;
- surgery;
- anesthesia;
- specialized equipment, such as crutches, casts and wheel chairs;
- physical therapy;
- loss of earnings due to unavailability for normal work.
What to Include in Your Demand Letter Against the City
Compensation claims directed at city entities are sometimes complicated by ‘sovereign immunity’ rules.
You will still need to send the department involved a demand letter setting out why you are intending to file a lawsuit and how much compensation you are demanding.
The more relevant detail that is included in the demand letter the better. Even well substantiated demand letters are seldom accepted straight away and there is usually a need to follow up the demand letter with a formal personal injury claim.
Your attorney can help you draft a suitable demand letter, but generally it should include the following information:
- the nature of the accident;
- where and when it happened;
- why you think the city department was responsible, i.e. outline the negligence you think was involved;
- the injury or injuries you suffered;
- the doctor’s report outlining your injuries;
- eyewitness statements confirming that he account you have given was correct;
- any other evidence you have confirming the nature of the injuries such as photos you have taken;
- all receipts or invoices of payments for medical treatment;
- confirmation of lost earnings.
If you intend claiming compensation from the capital, note that you should do so as soon as you can. Claims against the city must be made within 2 years of the injury happening. Failure to do so may mean that you lose any chance of obtaining compensation for a slip and fall injury.
Consult with A Personal Injury Attorney
If you suffered injuries in an accident that you believe were caused by the negligence of the city, you should consult with a personal injury attorney who is licensed in Nevada. Personal injury claims against government entities are challenging, so you want to make sure that your rights are protected, and the process proceeds as it should.
Personal injury lawyers work on a contingency basis, so you will not have anything to lose. Your lawyer will not be compensated until you get a judgment or settlement to cover your damages from the City
To get your personal injury claim against the city reviewed by an accident injury attorney in Nevada, complete the Free Case Evaluation Form today! An attorney will determine the best way for you to proceed with your claim.
Additional Resources
- Filing a Personal Injury Claim Against the City of Las Vegas
- Auto Accident Resources in North Las Vegas, Nevada
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the city of Las Vegas, or the state government of Nevada or any other party, you may not be entitled to any compensation.
