No matter what type of injury claim you are filing, you will first need to determine who is responsible for your accident. For example, if you were hit by a driver that was distracted on their phone, the person who is responsible for your injuries is the driver. But who would you sue if you were injured on a city sidewalk, park, or some other property that’s owned by the city of Manteca? What is the procedure to obtain compensation if you are hit by a fire truck or another city vehicle?
These circumstances involve lawsuits against the government, which are very different than lawsuits against private companies and individuals. There are specific rules that must be followed when you are seeking monetary damages from a public entity, which are explained in the California Tort Claims Act (CTCA). According to this law, you will need to file an injury claim with the city, but this is not a process that most people are familiar with.
In this article, we will provide you with an overview of how to file a city of Manteca accident claim. In addition, we will go over what you can expect once you submit the claim, and what to do if your compensation demands are rejected. However, the information we provide is for general purposes only, so you are likely to have questions and concerns that are specific to your own accident. The lawyers of Normandie are ready to speak with you and fight for the settlement you are entitled to. Our sole motivation is bringing you justice and helping you move forward with your life. Call us today for a free case evaluation with one of our legal experts.
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How to File an Accident Claim against the City of Manteca, CA
As we’ve previously stated, you must file a city of Manteca injury claim for an accident involving one of their agencies, properties, or employees. Please keep in mind that you only have 6 months from the date of your accident to file a claim. If you miss the 6-month deadline, you will be permanently barred from suing the city for your injuries.
The claim form, which can be found online, is called the Manteca Unified School District Claim for Damages. We know that the name is confusing, but this form is for all claims that are covered under the California Tort Claims Act, not just accidents at schools. Once you complete the form, you can mail it to the city’s Risk Management Office or drop it off in person.
The questions you will need to answer may seem easy at first. However, making a convincing argument for compensation is quite challenging when a government entity is involved. In many cases, claims are rejected simply on the basis that there’s not enough information or a solid legal argument to hold the city responsible. Due to these and various other issues, it’s highly recommended that you seek assistance from an experienced personal injury attorney.
I Filed my Claim – What Happens Now?
Once you submit your claim for damages, the Risk Management Office has 45 days to approve your request for payment or respond with a rejection notice. Alternatively, the city will respond at all to your claim within 45 days. If your claim is rejected in writing or by default), you have one of two options:
- If you received a denial notice, you have 6 months from the date of rejection to file a lawsuit.
- If you receive no response within the 45-day window, your claim is rejected by default, which gives you 2 years from the accident date to sue the city.
Accidents Claims Covered under the California Tort Claims Act
The CTCA allows you to sue government entities at the city, county, and state levels if they are legally responsible for causing you bodily harm or damage to your belongings. Responsibilities by these entities include maintaining their properties and keeping them reasonably safe. Furthermore, the city of Manteca is liable for the actions of their employees and independent contractors within the scope of their normal job duties.
When the city or one of their agents fails to take reasonable precautions, innocent victims may be injured through no fault of their own. Accidents that may be caused by the city include:
- Slip and fall / trip and fall
- Hit by falling objects
- Sidewalk accidents
- Incidents at public schools
- City vehicle accidents
- Public transportation accidents
- Assault and battery
- Sexual assault
Can I Sue the City for my Injuries?
To be eligible for a lawsuit against the city of Manteca, you will need to show: 1) that a city agency or their employees were negligent in their duty of care; 2) this act of negligence caused you to suffer bodily injuries from an accident. To give you a sense of what this looks like in real life, consider the following example:
You are taking a stroll at a park that’s owned and operated by the city when a branch falls off a tree and hits you on the head. With help from an attorney, you discover that the trees at the park are overgrown, and there have been previous incidents where someone was nearly struck by a falling branch. In spite of the clear and present danger, city officials did not take any action to resolve the problem.
This constitutes an act of negligence by the city, so you would have the right to sue them for monetary damages, which may include medical expenses, lost wages, emotional distress, and pain and suffering. However, this is just one example of the many ways that a city can be liable for an accident. To determine the cause of your injuries and the best strategy for obtaining justice, give us a call to speak with a city of Manteca accident injury attorney.
Case Value for an Accident Claim against the City of Manteca
The value of a settlement from a government accident claim is unique to each claimant, so we can’t say what these cases are worth on average. Based on the severity of your injuries, your emotional trauma, lost income, and many other factors, your lawsuit may be worth around $25,000 to over $3 million. We know that this is a very wide range, which doesn’t provide you with a clear picture of what you can receive from a city of Manteca injury claim. That’s a topic we can discuss with you during a free consultation at our office, so contact us as soon as possible.
How Long will it take to Recover my Settlement?
Understandably, you are eager to receive the settlement you deserve so that you can cover the expenses that are associated with your injuries. The timeline for a government accident case largely depends on the agency’s response to your claim. If your claim is approved or the agency is willing to negotiate a settlement, your case may be settled within a few months. However, the timeline will increase if your claim is rejected, meaning you will need to petition the court for a lawsuit. A settlement is still possible once you are at the lawsuit stage – in fact, over 90% of personal injury lawsuits settle before the trial date. From start to finish, resolving a lawsuit can take one or more years.
Schedule a Free Second Opinion
Our law firm is here to offer guidance if have an active accident case against the city of Manteca. During a second opinion consultation, you can receive a free case review from one of our attorneys and ask any questions that are on your mind. Maybe you need to verify that your attorney is giving you the right advice, or you want to explore the option of hiring a new law firm. Our job is to provide you with an honest assessment and help you make the best choice for your needs. This is a free service at our law firm, so please take advantage of a second opinion on your case from the lawyers of Normandie.
Contact Our Law Firm
The California Tort Claims Act allows you to seek payment if you’ve sustained bodily injuries and/or property damage to due to an act of negligence by a city government. Unfortunately, the procedures are quite complicated to work through for the average accident victim. To avoid costly errors that can take away your right to compensation, please consider a free case review with one of our attorneys.
Our law firm operates on the principle that victims should never have to pay for high quality legal services. That’s why we bill the city of Manteca for the cost of representing you and wait until the end of your case to receive payment. On top of that, you won’t be billed for any legal fees if we don’t win your case, thanks to the Zero Fee Guarantee.
If you’re ready to discuss your rights and legal options, please reach out to us at your earliest convenience.
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