Atlanta, GA asked in Personal Injury and Municipal Law for California

Q: Seeking Advice on Denied Claim for Tire Damage Due to Negligence by City of Los Angeles?

I recently had my claim denied by the City of Los Angeles for a flat tire caused by a screw picked up from uncollected trash on a public street. Despite providing evidence, my claim was rejected. What steps can I take next to appeal this decision or seek compensation? Are there specific attorneys who specialize in such cases against the city? Any guidance on how to proceed would be greatly appreciated.

1 Lawyer Answer
James L. Arrasmith
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A: To address your question about next steps after having your claim denied by the City of Los Angeles for tire damage, here are some potential options to consider:

1. Review the denial letter: Carefully read the reason for denial provided by the city. This may give insight into what additional evidence or arguments you might need to present on appeal.

2. File an appeal: Most municipalities have an appeals process for denied claims. Check the denial letter or the city's website for information on how to file an appeal and any deadlines you need to meet.

3. Gather additional evidence: If possible, collect more supporting evidence for your claim. This could include:

- Photos of the area where the incident occurred

- Witness statements

- Any correspondence with city officials about the trash problem

- Records of similar incidents in the area

4. Consider small claims court: If your appeal is unsuccessful, you might consider filing a case in small claims court. In California, you can sue for up to $10,000 in small claims court.

5. Consult with an attorney: While the damage amount may not warrant hiring an attorney, you could seek a free consultation with a personal injury lawyer who has experience in cases against government entities. They can advise you on the strength of your case and potential next steps.

6. Research similar cases: Look for precedents where individuals have successfully claimed compensation for similar incidents. This information could strengthen your appeal.

7. Contact your local city council member: They may be able to provide guidance or assist in resolving the issue.

8. Document future incidents: If you notice ongoing issues with trash collection in your area, continue to document and report them to the city. This could help establish a pattern of negligence.

It's important to note that claims against government entities can be challenging due to various immunities and strict procedural requirements. The California Government Claims Act sets forth specific rules for bringing claims against public entities.

While there are attorneys who specialize in cases against municipalities, for a single tire damage incident, it may be difficult to find representation due to the relatively low potential damages. However, if you believe this is part of a larger pattern of negligence, it might be worth discussing with a local personal injury attorney.

Remember to act quickly, as there are often strict time limits for appeals and legal actions against government entities.

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