Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.
Suing the DC government sounds ideal because Washington, DC, has a large budget to cover your damages. However, it does not always work out so simply. Unfortunately, Washington, DC, has laws to disincentivize you from making a claim against them. These laws make suing the District more difficult and reduce legal fees in the hopes that a lawyer is less willing to take the case. Although, simply because there is less incentive does not mean it is not a case we will represent you for. In fact, we have been highly successful in suing the DC government after a slip and fall on countless occasions. Slip and falls can happen anywhere. They can occur at work, at the grocery store while doing your weekly shopping, in a restaurant, or even while walking to your car in a parking lot.
But if it happens in a public setting like a parking lot or sidewalk, who is responsible? Whether you are injured on a sidewalk, in a government building, or a public park, suing the DC government after a slip and fall requires navigating a unique set of legal procedures and deadlines. Part of the challenge of these claims is the doctrine of sovereign immunity. This means you cannot sue the government without its consent. Fortunately, in recognition of the necessity for fairness and justice, Congress passed the Federal Tort Claims Act. The Act permits private citizens to make claims against the federal government for acts of negligence by government employees. In practice, the government becomes liable for negligent acts, as a private citizen would be liable for negligence, with a few exceptions.
There are two parts to the notice requirement inherent in suing the DC government after a slip and fall. The first is that the DC government should generally be on notice of the hazardous conditions. Arguably, if the sidewalk sufficiently deteriorates to the point where they have known of the danger, the government should not have a claim because you can be found contributorily negligent. On the other hand, if it is not open and obvious enough for them to see it in a reasonable inspection, then there is no duty for the DC government. Thus, the best way to make such a claim is if the DC government has already been put on notice of the dangerous condition. This may be because many other injuries have already been reported in the same dangerous spot.
When this happens, the duty element of negligence is satisfied. The second notice requirement for suing the DC government after a slip and fall works hand-in-hand with the first notice requirement. This requirement holds that we must place the District on notice of the injury within six months of it occurring. This notice must be in writing and should include details such as the time, place, cause, and circumstances of the injury. This is a twist that confuses some claimants. Many fall victims will see online that the statute of limitations is three years for a personal injury in Washington, DC. And while this is generally true, there are extra wrinkles in place that make speaking to an attorney imperative.
We do at least two things when we file a lawsuit against a defendant for negligence causing our client injury. First, we draft a complaint. A legal complaint initiates a lawsuit. A legal complaint is then filed with the appropriate court. However, doing this is not enough. How would the defendant know they are being sued? At one time, putting an ad in the newspaper was enough. Now, we hire a process server to serve the defendant with process. You may have seen on television a pizza delivery man pretending to hand a defendant a pizza when it is actually legal papers. This is the right idea, though it is generally not so dramatic. On the other hand, some jurisdictions require that the defendant be handed the documents for process to be served. Of course, you run the risk in doing so of the defendant refusing to grab the papers.
When suing the DC government after a slip and fall, we are not suing a person but an entity. To serve process against the DC government, there are at least two ways to do this. The first is the less common method of hand delivery directly to the DC Mayor or Attorney General. However, the more common and straightforward method is to mail the summons to their offices via registered or certified mail.
Per § 32–1530 of the Code of the District of Columbia on attorney fees, the maximum legal fee for a claim against the DC government is 20% if we settle your case. This stands in contrast to the typical one-third legal fee a personal injury lawyer charges in the usual personal injury case. Meanwhile, if we file a lawsuit against the DC government, our fee may increase to 25%. This, too, stands in contrast to the typical 40% fee.
Our DC injury attorneys can help you sue the DC government after a slip and fall. Our attorneys have practiced in Washington, DC, for over 70 years. Since our founding in 1954, we have successfully resolved over 10,000 cases for our clients. Hundreds of those have been slip and fall cases. This experience is vital for navigating one of the trickier types of personal injury claims available for injury victims. If you are unsure whether you have a claim or if you comply with the strict limiting laws in place, call our office today.
We provide free consultations to all prospective clients at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.