Could I sue the city if I had an accident caused by a construction area?

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Could I sue the city if I had an accident caused by a construction area?

I was driving in a construction area and I was on the far left lane where it was still pave,d then I reached where the road turned unpaved (same far left lane). A few feet from that I lost control of my car because of loose gravel and hit the median. I turned a few times and ended up in the far right lane. My car is totaled and I had minor injuries. If I can sue is there any lawyer that you can refer me to? I have already asked a few injury lawyers who didn’t want to take the case. I don’t know if its because its the city or because I didn’t have major injuries or because I don’t have a case.

Asked on June 18, 2011 under Accident Law, Texas

Answers:

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

Answered 9 years ago | Contributor

You can sue the city for your property damage and personal injury, but prior to filing a lawsuit, a city usually has a separate claims procedure that you will need to follow.  There may be a claims form and you will need to file a claim within a specific period of time.  Once the claim is denied which is usually standard operating procedure, you can then file your lawsuit.  If you miss the filing deadline for the claim against the city, you might be barred from proceeding with your subsequent lawsuit.

Property damage and personal injury are separate items.  You should obtain your medical bills, medical reports, and documentation of any wage loss for your personal injury claim.  The medical reports will document the nature and extent of your injuries and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  Compensation for the medical bills and wage loss is straight reimbursement.

If your case is not settled, you will need to file your lawsuit for negligence against the city prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

As for finding an attorney to handle your case, you might want to check with the local or County Bar Association which may have a lawyer referral service and could refer you to an attorney.


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