You may be able to sue the city of Greenville for a personal injury, but the process is not always straightforward. Government agencies enjoy protections from lawsuits that private individuals or businesses do not. A Greenville personal injury lawyer from Smith Jordan Law knows how claims against the government work and can fight to hold them accountable for compensating you for injuries their negligence caused.
Is the City protected from lawsuits by sovereign immunity?
It used to be much more difficult for injury victims to file a personal injury claim against the city and collect damages for injuries caused by government entities or on government property. The City and government offices at large enjoyed legal protection, called sovereign immunity, which often prevented victims from filing a claim for an accident caused by a government employee.
While sovereign immunity once completely shielded government entities from liability, the South Carolina Tort Claims Act allows lawsuits against government agencies for certain negligent acts, within specific limits. The laws governing this type of tort claim are complex, so securing representation from an experienced personal injury attorney is critical to your case’s success.
Are there special rules for filing personal injury lawsuits against the city?
The procedures for filing against the city are different from those for filing against private individuals or companies. For example, you may first file a “verified claim for damages” with the city, including specific information about the accident, the extent of your losses, the names of all involved, and the amount of damages you seek.
You have one year to file the verified claim. After 180 days, if the government hasn’t settled, you may then file a lawsuit, but you must do so within two years of the incident. This deadline is shorter than the three-year statute of limitations in place for a personal injury case involving non-government entities, making prompt connection with an attorney especially important.
When can the City be held responsible for injuries?
There are many exceptions in the Tort Claims Act that exempt government agencies from claims for injuries caused by certain types of accidents. Don’t assume your accident falls into the “exempt” category without speaking to a personal injury lawyer.
Scenarios that may allow for a claim include:
- An accident while riding on a city bus
- A trip and fall on a dangerous sidewalk
- A defective or malfunctioning electrical pole falls on your vehicle or other property
- You are injured in a city-governed construction zone because of inadequate safety measures
As with any personal injury claim, you must establish liability to collect damages. Your attorney will work to compile evidence demonstrating the city’s failure to uphold their duty of care to protect your safety. Keep in mind that the City may still be immune from liability for certain discretionary actions or protected decisions, so it’s important to have a lawyer evaluate your specific case.
What types of damages can I collect from the City of Greenville?
Compensatory damages are the types of personal injury damages you may be entitled to when you sue the City for personal injury. Economic damages cover the financial impact of the injury, including your medical bills, income loss, property damages, and other incurred expenses.
Non-economic damages acknowledge your pain and suffering and recognize losses to your enjoyment of life. Under the South Carolina Tort Claims Act, damages are capped at $300,000 per person and $600,000 per occurrence
Further, you cannot seek punitive damages from the City of Greenville or any other government agency. Still, you can rely on your attorney to fight for the highest compensation available.
We can help you fight for justice from the City of Greenville
Call (864) 343-2222 or connect with us online to schedule your free case consultations. Smith Jordan Law fights for justice for injury victims, and we are not afraid to stand up to any opponent. Not even the City of Greenville.
