How to Claim for Damages

Step-by-Step Guide

1. 1

   Step 1: Check applicable laws and regulations to make sure you qualify.

   Your city or county has specific laws that determine what claims you can file against the city or county government.
   
   All city and county governments have deadlines for filing claims.
   
   For example, if you have a personal injury claim against Los Angeles County, it must be filed within six months of the occurrence that gave rise to the claim.
   
   A property damage claim must be filed within one year.The applicable deadline typically can be found by reading your state's statute of limitations law.Deadlines for filing a claim for damages or a lawsuit against the local government typically are far shorter than they would be if you were suing a private business or individual.
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   Step 2: Gather information about your claim.

   Before you start filling out the form, make sure you have any necessary documentation or other evidence that supports your claim.For example, if your car was damaged when you drove over a pothole in a city street, your evidence might include photos of the damage to your car or an estimate from a mechanic for the cost of repairs.
   
   Estimates, receipts, or police reports all must be included to help establish your damages as part of your claim., Your city or county typically will have a form available for you to file a claim for damages.You can get a claim form by visiting the city or county government website, or by calling or visiting your city or county clerk's office.Follow all instructions provided regarding the formatting and filling out of the form.
   
   For example, you typically will be instructed that hand-written answers should be printed legibly using blue or blank ink.If you're filing a personal injury claim, you may be required to fill out and file a medical release form in addition to your claim form., Once you've completed your form, you must submit it to the government agency or department responsible for your damages.
   
   Before you send your form, double-check your information to make sure everything is complete and accurate to the best of your knowledge.
   
   You must sign your form under penalty of perjury and may be charged with a crime for submitting a false claim.The city government's website or the city's customer service line should be able to tell you where to submit your claim.
   
   For example, if you have a claim for damages against the city of Seattle, you must file your form at the city clerk's office in city hall.Forms for damages that occurred on city streets or on public transportation typically must be filed with the city or metropolitan transit authority., If your city or county has any additional requirements such as hearings or interviews related to your claim, make sure you follow up as necessary.
   
   Once you file your claim, the city or a claim adjuster working for the city will review and investigate your claim.You may be contacted for further information during the process of investigation.
   
   Expect the city to take anywhere from 60 days to several months to send you a report on the investigation and a decision on your claim.In most cases, the city or county will resolve your claim over the telephone or through the mail, and you won't have any reason to meet with the claims adjuster or any other government staff in person., If the local government doesn't resolve your claim to your liking, you may have the ability to file a lawsuit in state court.For example, if you file a claim against Los Angeles County and your claim is rejected, you have six months from the date on your rejection notice to file a case in court.If you want to file a lawsuit against the city, you should consider consulting a private attorney to review your claim and go over your options with you.
   
   To file a lawsuit, you typically must pay fees ranging between $300 and $600 just to initiate your lawsuit.
   
   After you file your complaint, you will incur other costs as the lawsuit proceeds to trial, regardless of whether you hire an attorney.If you cannot afford the fees, you may be able to file a request with the court to have the fees waived.
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   Step 3: Fill out the appropriate form.

4. 4

   Step 4: Submit the form to the appropriate agency.

5. 5

   Step 5: Follow any other local procedures.

6. 6

   Step 6: File a lawsuit.

Detailed Guide

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