Montclair is a city in the Pomona Valley section of San Bernardino County. It was originally known as the city of Monte Vista, but the name was changed due to a name conflict with another city in California. Montclair is located on the border of Los Angeles County, along with the cities of Ontario, Chino, Claremont, and Upland.
Just like any other city, Montclair has its share of accidents due to a variety of dangerous conditions. Some of these are due to negligence by individuals or private companies. But other accidents are caused by city agencies, or the employees that work for them. For example, someone may be hit with a tree branch at a public park. A city vehicle may be driven by a careless driver, who ends up crashing into another car.
Victims of careless or reckless behavior by public entities may be entitled to compensation from an injury claim or lawsuit. However, suing the city of Montclair is a complex procedure, and many victims have no idea where to start. The legal team of Normandie can help you file a city of Montclair accident claim and receive payment to cover your monetary losses. For more information on your legal rights, call Normandie Law Firm and schedule a time to meet with our attorneys.
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Government Liability for Injuries from an Accident
The CTCA, or California Tort Claims Act, allows people to file a compensation claim for injuries caused by a city, county, or state agency (or one of their workers). Possible accidents that will allow you to file a lawsuit include:
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Slip and fall / trip and fall accidents in government buildings
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Injured on city-owned sidewalk
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Falling object accidents in city parks and other public properties
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Accidents in public schools
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City vehicle accidents (car crashes, hitting a pedestrian)
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Injuries caused by public transportation vehicles (buses, subways, etc.)
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Assault and battery committed by city employee
How to File an Accident Claim against City of Montclair
Please note that the time limit to file a government claim in California is 6 months from the injury date. To initiate the claims process, you will need to obtain a CLAIM AGAINST THE CITY OF MONTCLAIR application, which you can find on the city’s website or at the City Clerk’s Office. The forms come with instructions, including how to submit supporting documentation and where to send the completed forms.
Certain questions on the form require detailed answers that you will need to back up with evidence. You will also need to claim the amount of damages you are seeking and justify why you are entitled to this amount. These may appear to be simple questions, but government agencies are experts at denying applications due to incomplete information or lack of legal justification. Hiring an attorney with experience in lawsuits against the government will maximize your chances of a successful outcome.
What Happens Once the City Receives my Claim?
From the day that your claim is received by the City Clerk, there is a deadline of 45 days to send you a response. To make sure you go by the correct date of receipt, we recommend using priority or certified mail, which will give you confirmation of delivery.
In most cases, you will get a written response to indicate that the agency has accepted or denied your claim for damages. A denial notice will allow you to file a personal injury lawsuit or wrongful death lawsuit within 6 months of the date your claim was rejected. There is also the possibility that the agency will fail to send you a response within 45 days. If that happens, your statute of limitations to sue the city of Montclair is 2 years from the date of the accident.
Things will get very complicated once you advance to the lawsuit stage, so guidance from a personal injury lawyer is highly recommended. For a free consultation on your rights and legal options, contact our office as soon as possible.
What is the Average Value of a Claim against Montclair, CA?
There are many different circumstances that are specific to each victim and the accident that caused their injuries. With that in mind, it’s impossible to say what the average government claim against Montclair, California is worth. Based on the degree of bodily harm and/or property damage, settlements can range from $15,000 to $2,500,000 or more. Consulting an accident injury attorney is the best way to determine the value of a case if negligence by a government agency or employee caused you to be injured.
When can I Expect to Receive Payment on My Case?
Compensation claims against the government involve more steps compared to the average personal injury lawsuit. That’s why these cases often take one or more years from start to finish, especially if your claim is rejected by the city of Montclair. If that happens, we will have to rely on the court system to obtain justice on your behalf, though it’s more than likely that your case will be settled without a trial. But reaching a favorable settlement can take months of back and forth negotiations, possibly with help from a certified mediator.
To get a sense of the legal process for a city of Montclair accident claim, please give us a call to schedule a free case review.
Contact us for a Free Second Opinion
Friction between attorneys and clients is not unusual, nor is it a sign that your lawyer is doing a bad job. But there are red flags that may indicate problems in your case, and it’s best to address these issues before they cause permanent damage to your claim. If you have an existing lawsuit or compensation claim, our lawyers will be happy to provide you with a free second opinion. During this time, you can ask questions about the status of your case and whether your attorney is taking the right actions. If not, we will provide recommendations that can help you turn things around. No matter what, the consultation is free of charge, so there’s on risk in contacting us for a free second opinion on your case.
Lawyers with Experience in Suing Government Agencies
The California Tort Claims Act allows for lawsuits against government entities when they cause an accident due to negligence or misconduct. This includes incidents on properties owned or managed by the city, or injuries that are caused by police, fire fighters, and other public servants. But taking on the government is a complicated endeavor, even if you have strong evidence to support your case.
Normandie Law Firm has attorneys that are ready to fight for you and the compensation you are owed by the city of Montclair. We understand the nuances that are involved when you are taking legal action against a government entity. In addition, we know how difficult it can be for an accident victim to pay for an attorney. That’s why we cover all the expenses associated with your lawsuit and wait to receive payment at the end of your case. Known as the Zero Fee Guarantee, this policy also ensures that you will not be charged for legal fees if we fail to recover your settlement.
Don’t wait to take action on your case if the city of Montclair is responsible for your injuries. Contact our office to schedule a free case evaluation.
Other Pages on Our Website Related to This Topic
How to File an Accident Injury Claim against the City of Industry
How to File an Accident Injury Claim against the City of Norwalk
How to File an Accident Claim against the City of Salinas, CA