In a state as large and populated as California, it’s not uncommon for accidents to occur involving city employees or property. Whether it’s a car crash with a municipal vehicle or an injury on government-maintained property, you may be entitled to compensation but pursuing a claim against a city comes with specific procedures and legal nuances.
At Hillstone Law, we help clients understand their rights when it comes to filing personal injury claims against cities, counties, and government entities across California.
Yes, You Can Sue the City If You Have a Valid Claim
California law does allow injured individuals to sue government entities like a city for damages caused by their employees or negligence. Whether it’s a city vehicle that hit you or a dangerous condition on public property, the law provides a path for recovery as long as certain rules are followed.
Understanding Sovereign Immunity (and Its Exceptions)
Under the doctrine of sovereign immunity, government agencies are generally protected from lawsuits. However, California has waived this immunity in many cases, allowing individuals to bring claims for personal injury under the California Tort Claims Act.
That said, strict procedures and deadlines apply, and failing to follow them can result in your case being dismissed no matter how strong your claim may be.
Filing a Government Claim: The Notice Requirement
Unlike typical personal injury cases, claims against a city require a Notice of Claim. This is a formal document submitted to the city, putting them on notice of your intent to seek compensation. It gives the city an opportunity to investigate the claim and potentially resolve it without litigation.
You can file this notice through the city’s risk management division, often by mail or online. It must include:
- Detailed facts about the incident
- Names of those involved
- Description of the damages
- Supporting documentation
- Your signature and contact information
If the city denies your claim or fails to respond within 45 days, you can then proceed with filing a lawsuit.
Time Is Limited – Act Fast
One of the most critical aspects of suing a city is the timeline. In most personal injury cases, California allows two years from the date of injury to file a lawsuit. But when a government entity is involved, you must first file the Notice of Claim within six months of the incident.
Waiting too long can permanently bar you from recovering compensation.
Who Should You Sue – The City or the Employee?
In most cases, the city itself is liable for injuries caused by its employees acting within the scope of their duties. However, if the employee acted outside their job responsibilities or violated policy, they may be personally liable instead.
Hillstone Law will investigate the facts to determine the proper defendant(s) and ensure your claim is directed at the right party.
Damage Limitations When Suing a City
It’s important to know that lawsuits against a city come with certain limitations:
- Caps on damages: Some municipalities limit the amount you can recover.
- No punitive damages: In most cases, you cannot seek punitive or exemplary damages against a city.
- Public settlements: Any settlement with a government agency must be made public and cannot include confidentiality clauses.
What About Medical Bills?
Even if the city accepts liability, it won’t pay your medical bills directly. You are responsible for your medical care, and any reimbursement will come after a settlement or judgment. That’s why having a knowledgeable attorney is so important to ensure you recover the full amount of compensation you’re entitled to, including medical costs.
Challenges of Suing a City
Suing a government entity isn’t always straightforward. These cases tend to involve:
- More complex legal rules
- Slower decision-making due to government bureaucracy
- Additional procedural hurdles
However, a properly filed Notice of Claim can sometimes lead to a settlement without ever stepping into a courtroom.
How Hillstone Law Can Help
At Hillstone Law, we’re experienced in handling claims against government agencies throughout California. Our attorneys understand the procedural requirements and work quickly to preserve your rights and maximize your compensation.
If you’ve been injured and believe a city or government agency may be responsible, don’t wait. Contact us today for a free consultation and let our team guide you through the process.
