Situated on the border with Los Angeles County, Upland is a city located at the foot of the San Gabriel Mountains in San Bernardino County. The city currently has over 79,000 residents that come from a variety of ethnic backgrounds. Upland also attracts skateboarding enthusiasts, and is known as the “Badlands” due to its popularity as a vertical skateboarding spot.
Upland has many great qualities, but they also have their share of problems, just like any other town in California. Hazards, careless behavior, and criminal conduct can lead to injuries with devastating consequences. These incidents can happen from negligence by individuals, businesses, and government agencies. This includes city of Upland agencies and employees, like the fire department, police, and department of public works.
In this article, we will talk about the process of filing an accident claim against the city of Upland. That way, you can obtain compensation for your monetary losses and ensure that the responsible agency is held accountable. Normandie Law Firm is here for you every step of the way, so don’t hesitate to contact us if you were injured on city property or by someone that works for the city of Upland.
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Liability for Accidents by a City Government
Government entities, including city offices, have a certain degree of immunity from lawsuits, unlike private companies and individuals. However, the idea that the government can never be sued is a misconception. If there is evidence of careless or dangerous conduct by a city entity, the injured victim is allowed to seek compensation for the harm they suffered. Examples of accidents that would allow you to sue the government include:
- Slip and fall accidents from hazards inside public buildings
- Trip and fall injuries from broken sidewalks, potholes, etc.
- Hit by falling branches, signs, and other objects on city property
- Injuries to students, teachers, guests, etc., at a public school
- Hit by fire truck, police car, or another city vehicle
- Public transportation accidents (buses and trains, for example)
- Assaulted by city employee (physical assault or sexual assault)
Filing an Accident Claim with the City of Upland
If you were injured at a store, you would normally file an accident report with the manager and wait to be contacted by the store owner’s insurance company. But filing an injury claim with a government entity doesn’t work the same way. Under the California Tort Claims Act, you have 6 months from the date of the incident to file a claim with the applicable agency.
For injuries caused by a city of Upland agency or a property owned / operated by the city, you will need to complete a “Claim for Damages to Person or Property” form. Once you’ve filled out the paperwork, you can drop it off or mail it to the City Clerk’s Office at 460 N. Euclid Ave, Upland, CA 91786.
Keep in mind that you will need documentation to support your right to compensation. This includes medical records, value of damaged property, projected future expenses (medical costs, lost wages, etc.), and a detailed explanation of the circumstances surrounding your accident. That’s why these applications are more complicated than you would expect, and why so many people end up with denied claims.
A government agency lawsuit attorney can walk you through the claims process and ensure that you receive every penny you deserve if you were injured as a result of negligence by the city of Upland.
I Submitted the Forms – What Happens Now?
From the date of receiving your claim, the City Clerk’s Office has 45 days to provide you with a written response. They can either choose to approve your claim and offer you a settlement, or they can send you a notice of denial. If you receive a denial notice, you have 6 months from the date of rejection to file a lawsuit with the applicable court system.
If 45 days have passed and you don’t hear back from the agency, you can assume that your claim is denied by default. In that case, the statute of limitations for a lawsuit is two years, starting from the day you were injured.
Personal injury lawsuits are complicated to begin with, but the challenges are even greater when you are suing a city government. Experienced legal representation is the key to a successful outcome, so contact us to discuss your case with one of our attorneys.
Average Value of a Compensation Claim against Upland, CA
The amount of compensation from a city accident claim depends on the damages inflicted on the victim, which may include bodily harm, emotional distress, and property damage. If the damages are relatively minor, a claim may be settled for $15,000 or less. But if the claimant has serious injuries with lifelong complications, settlements can exceed $1,000,000. A personal injury lawyer at our office can evaluate your case during a free consultation and determine the right amount to ask for in a compensation claim against the city of Upland.
How Long Does it Take to Settle a Government Agency Claim?
Due to the complications that are involved, lawsuits against the government typically take longer to resolve than the average personal injury case. One or more years is a realistic timeline to settle these cases, especially if your claim is denied by the city of Upland. The lawsuit process is quite complicated, so it’s in your best interest to hire a lawyer with experience in litigation against government agencies.
If taking your case to trial is the best option, it can take up to several years to obtain your payment through a jury verdict. However, most of these lawsuits are settled without the need for a trial, though reaching a settlement can take anywhere from one to two years.
Schedule a Second Opinion Consultation
If you’re curious to know what a second opinion is, you’re not alone. Most people associate these consultations with doctors, but you can also obtain second opinions on a legal case, like an accident claim against the city of Upland. Maybe you’re not sure about the settlement that’s being offered to you and want to know if it’s worth taking your case to trial. You may also be having conflicts with your attorney and wish to explore the possibility of finding a new lawyer. Our legal team is ready to help, with a free second opinion consultation. Simply give us a call to schedule a second opinion if you have a pending injury claim against the city of Upland.
The Accident Injury Lawyers of Normandie
There’s no denying that government entities have the upper hand when it comes to a personal injury lawsuit. They have access to many resources that are out of reach for the average claimant. As a result, many injury victims are unsuccessful when it comes to a compensation claim against a city agency.
That’s why obtaining the services of an experienced attorney is crucial if negligence by a city office or employee is the reason for your accident. Our law firm is ready to provide you with aggressive representation on your case. Furthermore, you won’t have to worry about paying for an attorney when you join the Normandie family. Under the Zero Fee Guarantee, legal fees are paid to us by the city as a part of your settlement award, so we only get paid if you get paid.
If you’re ready to learn about your rights and legal options, contact us 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 Imperial County
How to File an Accident Injury Claim against the City of Norwalk