Salinas is the most populous city in Monterey County, California. It is located along the Monterey Bay Area, just about 8 miles away from the Pacific Ocean. Because of its vibrant agricultural industry, Salinas is referred to as the “Salad Bowl of the World.” With its many parks, a great sense of community, and a strong education system, many people consider Salinas a great place to live. However, that doesn’t mean that the city of Salinas is free of accidents that can cause injury or property damage. Some of these incidents are due to negligence by city departments and employees, which would give you the right to sue the city of Salinas.
Have you sustained injuries from a motor vehicle accident with a city employee? Did you fall down at a property that’s owned by the city due to a hazardous condition? To obtain compensation for these types of accidents, the legal process begins with an accident claim against the city government. We will talk you through the basic steps of how to file a claim and what you can expect afterwards. Please be aware that this is a general overview, which will not address specific questions you are likely to have about your rights and legal options. For more information from an experienced personal injury lawyer, schedule a free case review with one of our attorneys.
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How to File an Incident Claim against the City of Salinas
If you believe that the city of Salinas is responsible for your injuries, you must fill out a “Claim for Damages to Person or Property” form, which can be found on the city’s website or at the City Clerk’s Office at 200 Lincoln Avenue Salinas, California 93901. Keep in mind that all claims against the city must be submitted within 6 months from the accident date.
Please read the instructions thoroughly before you fill out the form to ensure that you’ve answered the questions correctly. Furthermore, be as detailed as possible, especially for the sections where it asks you to describe how the accident occurred and why you are claiming that the city is responsible. Frankly, these questions are quite difficult for many people to answer, and many claims are rejected due to insufficient information or lack of legal basis. That’s why you will most likely benefit from contacting a lawyer right away, who can back up your answers with all the necessary evidence.
Once the claims form is completed, it can be dropped off in person or mailed to the address on the forms. It’s a good idea to use priority or certified mailing if possible, or to contact the City Clerk’s Office at (831) 758-7381 to ensure that your claim was received. Other than that, the next step is to wait for at least 45 days for an answer to your demands. The city may approve your claim within that time, or they will reject your compensation request with a notice of denial. At that point, you can proceed with a lawsuit, which must be filed within 6 months of the date of rejection. If 45 days have passed and there is no response, you have two years from the incident date to sue the city of Salinas.
The California Tort Claims Act
The California Tort Claims Act, or CTCA, is a law that was enacted by the California Legislature to provide guidance on how to hold government entities responsible for a personal injury case. Entities or properties owned and operated by the government have “sovereign immunity” from lawsuits, which makes it seem like they can’t be sued under California law. That is not true, however, as the law does have exceptions on when a city government can be sued by an injury victim.
On the other hand, the CTCA greatly limits the amount of time you have to take legal action, which is why an accident claim must be submitted within the first 6 months. If you fail to meet the statute of limitations for an injury claim, you will permanently lose the right to sue the city of Salinas for monetary damages. To make sure that your claim is submitted in a timely manner, please seek guidance from an accident injury attorney at our law firm.
Accidents that can Lead to Serious Injuries
City officials, agencies, and employees have a duty of care to maintain the properties they own and/or operate. In addition, they must engage in safe and responsible conduct for the purpose of minimizing injuries to other people. Failure in either of these areas can be viewed as negligence, which would give you the right to sue the city if you suffered one of the following accidents:
- Fall-related accident: slip and fall or trip and fall
- Injuries from falling objects, like signs, tree branches, ceilings, roofs, etc.
- Car collisions
- Pedestrian accidents
- Injuries from broken sidewalks / potholes
- Assault and battery incidents
- Sexual assault
- Public school accidents
What is my Lawsuit against the City of Salinas Worth?
The amount of compensation you can recover is specific to the damages you’ve sustained, which may include medical expenses, pain and suffering, lost wages, and property damage. That’s why we will need to meet with you in person and discuss the factors that are involved in calculating a fair settlement amount. At the moment, all we can say is that the majority of claims against the city of Salinas are worth around $15,000 to $1 million or more. However, we’ve also had cases that resulted in multi-million dollar verdicts, so it’s impossible to say what these claims are worth on average.
How Long will it Take to Recover my Payment?
Resolving your case and bringing you a sense of closure, as well as the payment you deserve, is our number one goal here at Normandie Law Firm. We always strive to settle an injury case within 6 months, but the recovery process depends on the legal actions we will need to take on your behalf. For example, if the city rejects your claim or refuses to make you a fair offer, we will need to proceed with a lawsuit, which can take one or more years from start to finish. For a thorough discussion of the legal process and how long it may take to recover your settlement, schedule a free case evaluation by contacting our office.
Free Second Opinion
Do you have a pending accident case against the city of Salinas that you would like to discuss with another attorney? Our office is happy to offer you a free second opinion from a seasoned accident injury lawyer. During this meeting, you can discuss any questions or concerns about your case and explore the legal options that are available to you. You are under no obligation to act on our advice, so there’s nothing to lose by taking some time to speak with one of our legal experts. A free second opinion is just a phone call away, so don’t hesitate to give us a call at your earliest convenience.
Contact Normandie Law Firm
The personal injury lawyers of Normandie have decades of experience in accident claims against public entities at the city, county, and state level. We know these cases inside and out, so you can count on us to bring you maximum payment and ensure that the city is held responsible for the harm you’ve suffered.
One principle we’ve always believed in is that all accident victims deserve free representation from a qualified attorney. With our Zero Fee Guarantee, you can hire us right away at no upfront cost. You won’t pay for any of our services during your case, as we are a contingency-based firm. That means our payment comes from the city at the same time you receive your settlement. If we don’t recover your payment, you pay us nothing, no matter how much time we’ve invested in your case.
Please take a moment to contact our office if you’ve had an accident that was caused by the city of Salinas. We look forward to fighting for you and the compensation you’re entitled to.
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