How to File an Accident Injury Case against the City of Encinitas

Located in the North County area of San Diego County, Encinitas is a coastal city with a population of just over 59,000 people. Encinitas is located between Solano Beach and Carlsbad within Southern California, making it a popular destination for tourists. The city is comprised of several communities, like Old Encinitas, Leucadia, and Cardiff by the Sea. With a mild, Mediterranean climate for most of the year, Encinitas is a pleasant environment to live and work in, or just visit for a short spell.

While Encinitas is best known for its beaches and affluent neighborhoods, the city government is often taken for granted. In general, people expect that roads will be fixed, that garbage will be removed, and police will maintain law and order with compassion and professionalism. Sadly, poor judgment, lack of leadership, failure to lay off incompetent workers and other acts of negligence can cause harm and suffering to innocent people.

Did you or someone in your family have an accident with a city-owned vehicle? Were you hurt from being hit with a falling object on city property? Perhaps you or your child got hurt at a public school within the Encinitas Union School District. The personal injury lawyers at our office are ready to answer your questions and help you determine the best way to move forward. To schedule a free case review at your earliest convenience, contact us today.

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How to File an Accident Claim against the City of Encinitas

To file a claim for monetary damages against Encinitas, California, contact the Administrative Services Department at (760) 633-2636 to obtain the necessary paperwork. You can also ask for the forms in person by visiting the office at 505 S. Vulcan Ave, Encinitas, CA 92024.

Normally, these are two-page forms that ask for information, such as the date and time of the incident, details of what happened, how the city is liable for the accident, and how much you are seeking as compensation. To prove your case, you must attach evidence, like witness statements, photos, medical records, and receipts. Obtaining and organizing this information in the right format can be quite overwhelming, but a City of Encinitas accident claim lawyer at our office is here to help you, 24 hours a day, 7 days a week.

The claim must be filed with the City Clerk’s Office, and this is normally done in person or by mail (the claim forms will tell you how to do this). Now that you’ve done your part, what happens now? How long does it take to hear back from the city of Encinitas after you submit an accident injury claim?

What Happens to My Claim after I File it with the City Clerk?

Once your claim forms are processed by the City Clerk, it is sent for review by the City Attorney, Risk Management, or another division of the city government. The department will review your claim and the evidence you submitted and make a determination on your right to seek damages from the city. If the city of Encinitas agrees that they are liable for what happened to you, they will send back a formal notice with a settlement offer. If they send you a notice of denial, meaning they do not accept liability, you have the choice of filing a lawsuit against the city of Encinitas.

No matter what the city decides, they have 45 days to let you know, which is a legal requirement for government entity damage claims. In most cases, you will get some sort of confirmation that your case is being reviewed, so the date of confirmation is typically when the 45 days begin. In the event you receive nothing in writing, contact the City Clerk to make sure that nothing was sent out pertaining to your claim; it’s possible that the letter may have gotten lost in the mail. However, if the city has definitely failed to provide you with an answer in 45 days, you have 2 years starting from the date of injury to file a civil lawsuit.

Deadline to Sue a City Government is 6 Months!

Please be aware that that the statute of limitations to sue government entities is 6 months under California law. That means you only have 6 months from the date of being injured to file a compensation claim with the city of Encinitas. If you miss the deadline by even one day, the city will refuse to accept your claim, which is their right according to a legislation known as the California Tort Claims Act. Don’t miss out on holding the city responsible if you are a victim of negligence or misconduct. Contact Normandie Law Firm and schedule a time to speak with a city government claims injury attorney.

Value of an Accident Injury Lawsuit against the City of Encinitas

The value of a liability claim with the City of Encinitas can have values ranging from $5,000 to over $2,000,000. Payments of $1,000,000 and above are typically awarded to victims with severe injuries, like spinal cord damage, brain injury, and paralysis. However, what you will ultimately receive is based on many factors that are specific to your accident and the injuries you sustained. Aspects of your personal and professional life matter as well, like how your injuries affect your personal relationships and capacity to provide for your family. This is why figuring out the value of a City of Encinitas accident case is a complex matter that we must explore with you during a private consultation.

How Long will my Claim Take to Settle?

If the details of your case are relatively simple and the damages you are seeking are in the 5-figure range, you may receive a fair offer from the city of Encinitas within the first few months of filing your claim. If, on the other hand, you have serious injuries and/or substantial damage to property, it’s likely that the city will reject your demand for compensation. At that point, a lawsuit must be filed, and this will add at least 6 months to the legal process, if not 1 or more years. There’s very little chance of your lawsuit going to trial, so we expect to reach a settlement with the city in 1 or 2 years. If going to trial is the only option that’s left, it will probably take more than 3 years to receive compensation from a city of Encinitas injury claim.

Zero Fee Guarantee

At our law firm, we have a policy known as the Zero Fee Guarantee, meaning you pay nothing out of pocket if you are in need of a personal injury attorney. If you are eligible for a claim, we will simply ask the city of Encinitas to pay for attorney’s fees at the same time as your settlement check. Since we only get paid by winning your case, your finances are never at risk when you hire one of our attorneys.

We look forward to meeting you and doing all that we can to help you on the journey to recovery. Please call our office and schedule a free case evaluation.

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