Slip and fall injuries are some of the most common accidents that occur, and they can carry with them shockingly serious consequences, from broken bones to permanent disability and even death. When it happens to you in a public place, it’s even worse because you’re then stuck with the embarrassment that accompanies the pain.
What options do you have in these situations? You know that the accident wasn’t your fault — there was a problem with the pavement that caused you to lose your footing. But who is responsible? Can you sue the local municipality, or is someone else at fault? Learn about what happens when you slip and fall in a public place, whether you can sue the city, and when to call an Oklahoma City personal injury lawyer for help.
Filing a Claim Notice
Filing a lawsuit against a local municipality is not impossible, but neither is it an easy feat. You can sometimes file a personal injury claim against the city, but lawsuits against any government entity can get very complicated, very fast. That doesn’t necessarily mean you shouldn’t try, however.
The first step is to file a notice of claim. This is a letter you issue stating your intent to seek recovery of damages. It must include all relevant info about the injury you suffered, when and where the accident occurred, the circumstances surrounding the incident, what government entity was involved, and the damages you’re seeking to recover. Other cities may have specific information that needs to be included, so if you’ve been injured outside of Oklahoma City, check with your local municipality ordinances.
You then must wait 90 days for a response from the government before taking the next step. They may agree to pay your claim, but usually, they won’t. Then, you have to proceed with a lawsuit.
The Lawsuit Preparation
You’ll need to take the right steps to prepare your lawsuit against the city. It’s important to gather as much evidence as humanly possible to support your claim. This starts at the moment you get injured (before you file the claim notice). You’ll want to document the situation. If the pavement had a pothole, take photos. Keep doctor’s records, get witness statements, and track any information you can think of to support your claim.
You will need to prove the following:
- The city had a duty to provide a safe passage for you
- They failed to live up to that duty, thus putting you in danger
- This failure directly or proximately caused your accident, and in turn, your injury.
The Problem of Immunity
The problem you may face is that many agencies have immunity from lawsuits in certain situations. For example, you may not be able to sue for a garbage truck hitting your parked car. The city might not be responsible for clearing ice in front of a business. This can present a major stumbling block for claims.
Oklahoma City Personal Injury Lawyer
Pursuing these cases requires a high degree of legal experience and knowledge. That’s why you should seek help from an Oklahoma City personal injury lawyer like those at Parrish DeVaughn. There’s no cost for a consultation, so give us a call to discuss your case and see if we can help you, today!