How do I file a claim against the city if I slipped on a uneven defective sidewalk and hurt myself?

I have nerve damage to my left knee all the way down to my ankle. I would like to file a claim to reserve the right to sue if injuries become worse.

Asked on October 13, 2015 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is advisable to file your personal injury claim with Mountain View because if you miss the six month filing deadline, you won't be able to subsequently file a lawsuit against Mountain View.  Mountain View will probably deny your claim, but by complying with the six month filing deadline, you will still be able to preserve your right to subsequently file your lawsuit against the city for negligence.
Prior to filing a lawsuit against Mountain View, it may be possible to settle the case.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with Mountain View, NO lawsuit is filed.  If you are dissatisfied with settlement offers from Mountain View, reject the settlement offers and file a lawsuit for negligence against Mountain View.
If the case is NOT settled with Mountain View, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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