Did you sustain one or more injuries due to a dangerous condition that was caused by a public entity owned or operated by the city of Visalia? In that case, you may have grounds to sue the city government for your medical expenses, pain and suffering, property damage, and other economic and non-economic damages. Unfortunately, suing the government is much more complicated than suing a private entity, like a business or homeowner. That’s why most accident victims quickly run into problems that are difficult to overcome on their own.
To maximize your chances of recovering the funds you deserve, contact us right away to speak with an experienced accident injury lawyer. We can help you understand your legal options, which include the right to file an accident claim with the city of Visalia. This is the first and most important step you will need to undertake, so keep reading for instructions on how to complete a “Claim for Damages” form. However, you are likely to have many questions that won’t be covered in this article, so please reach out to us at our law firm to discuss any concerns that are on your mind.
Your Legal Rights under the California Tort Claims Act
Your right to sue the city of Visalia is based on the California Tort Claims Act, which governs monetary damage claims against government entities and their employees. Before you can proceed with a lawsuit, you will need to complete a Claim for Damages form, which you can download from city’s official website. You must submit the form to the city’s Risk Management Division within 6 months from the date you were injured. If you exceed this time limit, you will lose the right to seek monetary compensation, even if it’s clear that the city is liable for your accident.
Once you file your claim, the city has 45 days to approve your payment request or reject your demands through a denial notice. If your claim is denied, you have 6 months from the rejection date to file a personal injury lawsuit. If you receive no response at all within 45 days, the claim is deemed rejected by default, and you have two years from your accident date to sue the city of Visalia.
Our Recent Verdicts and Settlements
$2.5 Million
$1.1 Million
$1.5 Million
$600,000
$525,000
$734,851
How to File an Accident Claim against the City of Visalia
As we mentioned, you’ll need to obtain a Claim Form from the city of Visalia website or by visiting their Risk Management Division at 220 N. Santa Fe St., Visalia CA 93292. The form is only one page, so you may assume that it’s simple to fill out. In reality, it’s important to be as detailed as possible, especially for questions like “What did entity or employee do to cause this loss, damage, or injury?”
After you’ve completed the form, you can drop if off in person or mail it to the Risk Management Division. If at all possible, please use certified mail or a priority mail service, which will provide you with confirmation of delivery.
While you don’t need a lawyer to file a damage claim, most accident victims find that working with a lawyer is in their best interest. Lack of evidence or failure to make a sound legal argument are the most common reasons for why these claims are denied by government agencies. You may also be confused by words such as “limited civil case” and “appropriate court of jurisdiction.” This is another reason that many people fill out these forms incorrectly, and as a result, find themselves without the money they need and deserve.
Proving that the City is Responsible for Your Injuries
To prove that the city of Visalia is responsible for your injuries, you must establish a clear link between your accident and an act of negligence by an agency or employee that’s under the city’s jurisdiction. Negligent acts generally include misconduct that can cause harm to another individual, or neglecting to resolve a dangerous condition that has the potential to cause an accident.
A common example is injuries at a city park due to a failure to maintain the trees. If an overgrown or rotted tree branch falls on you, you have the right to seek compensation for your injuries and financial losses. Below are some examples of accidents that can occur when city departments and employees fail in their duty of care to residents and visitors:
- Slip and fall
- Trip and fall
- Public transportation accidents
- Falling object injuries
- Accidents with city vehicles
- Injuries at public schools
- Assault and battery
- Sexual assault
How Much will I Get from Suing the City of Visalia?
The amount you are eligible to receive from a lawsuit depends on many factors that we will need to go over with you in person. Clearly, the injuries you’ve suffered and their impact on your physical and emotional well-being is a key issue. This will help us determine the value of your financial losses and ensure that you receive a fair amount of money for everything you’ve endured. If we consider our past verdicts and settlements for similar cases, a possible settlement may be worth around $25,000 to $3.5 million or more. However, these are only estimates, so please speak with one of our attorneys if you’re interested in learning what your own accident claim is worth.
How Long do These Cases take to Settle?
When a client chooses us to represent them, it’s always our intent to negotiate the best possible settlement and resolve their case within 3 to 6 months. The truth is, the severity of your injuries and the city’s willingness to make a fair offer play a big role in how long it will take to recover your payment. That’s why we are honest about the fact that 1 or more years may be needed to resolve a city of Visalia injury claim from start to finish.
Schedule a Free Second Opinion
If you have a pending claim or lawsuit with another law firm, please consider a second opinion with the attorneys of Normandie. If you have questions about the laws or want to confirm that your lawyer’s advice is correct, we would be happy to meet with you for a free consultation. You may also have concerns about your attorney’s conduct or experience and want to discuss the possibility of switching your lawyer. We are available to help you with any issue that’s on your mind, so don’t hesitate to contact us for a free second opinion consultation.
No Upfront Costs under the Zero Fee Guarantee
The justice system is there to protect you when you’ve been harmed by another party’s careless or reckless actions. However, understanding the laws and taking the right steps in a compensation claim is much harder than most people realize. Representation from an experienced accident injury lawyer is the best way to achieve the results you’re looking for, especially when you are going up against a government agency.
On the other hand, it’s a struggle to make ends meet when you are out of work and the medical bills are piling up. Paying for an attorney is not possible for most accident victims, and this is an unacceptable situation for us here at Normandie Law Firm. We believe that legal fees should be covered by the at-fault party and not the victim. That’s why we work on contingency and wait until the end of your case to receive payment from the city of Visalia. If we don’t succeed in recovering your settlement, you won’t be billed for any legal fees under the Zero Fee Guarantee.
We are available to take your call 24 hours a day, 7 days a week, so please contact us to schedule a free case evaluation if you believe that the city of Visalia is responsible for your injuries.