Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

A: I disagree with your strategy. A far better course of action is to file a claim with your insurance company. If the insurance company wants to pursue a claim against the City of Hobart, that is their prerogative. BE CAREFUL!!! you cannot sue a municipal entity unless you file a tort claims notice within the required period of 180 to 270 days. I do not know the specific time for your location. If you fail to file the claim with your insurance so that your insurance is able to file a tort claims notice, your insurance may refuse to cover the claim because you would have prevented them from recovering from the city of Hobart. Immediately make a claim with your insurance company and cross your fingers that you have not let too much time elapse. I would also add that unless the plumber who told you that the city was entirely at fault can be qualified as an expert to render that opinion, he will not be permitted to testify in Court. To prove your claim that the city was responsible, you would need to retain a certified expert or former city employee who worked on the sewers and possesses the requisite training and experience such that the Court would allow that individual to provide expert testimony. Without that, you lose automatically.

A: My colleague raises excellent points. You may want to discuss this with local attorneys to help you make the best decision. As between pursuing through your insurance or a municipality, while both present their share of challenges, city-based claims are often more difficult. Also be mindful of the notice of claim attributes if you consider the city route. As far as emotional distress-based claims go, you could explore it. I would not have high hopes there in terms of legal recourse, despite my sympathy with your ordeal. However, other attorneys could see things differently. A detailed consult with attorneys could help you formulate the best approach here. Good luck