A family has filed a claim against Glendale, California following an unfortunate accident this part March. The claim comes from a family who lost their mother in a wheelchair accident in the city. The plaintiff in the case, James Starbird, was out with his wife, Carolyn, when the incident occurred. Carolyn Starbird was in a wheelchair, when she ran into uneven pavement. This caused an abrupt stop, which threw her from her wheelchair onto the concrete sidewalk. She received an injury to her head from the fall, causing her a severe concussive injury. Unfortunately she later succumbed to her injuries. The claim rests on Starbird’s assertion that the accident could have been prevented if the city had taken more proper care of its sidewalks.
A City’s Responsibility
In general, municipalities of any size are obligated to take care of their citizens and the upkeep of the city. While city officials have yet to comment on the status of the claim, investigations have revealed that the uneven portion of the sidewalk has not been repaired or replaced for some time. The uneven panelling has since been marked to warn others, and according to a city attorney, the city has made plans for a repair or full replacement. The city claims that whenever an unsafe portion is reported to the city, it is normally resolved within the next day or two. A representative of the city came forward to state that they were unaware of any prior claims or reports regarding this particular area before the incident.
Starbird’s claim has 45 days for the city to acknowledge it or take any action towards it. If the city fails to do so, the claim is considered rejected, and the Starbird family must file a wrongful death suit against the city.
Claims Against The State
While many personal injury or wrongful death claims arise between two individual citizens, at times a person may wish to file a claim against the state government. When this happens, a majority of states impose a stricter statute of limitations for citizens to take a legal action. As seen in the Starbird’s case, there is only a 45 day period for the claim to be acknowledged by the city. If this case, or a similar case, were to occur in New Hampshire then the plaintiffs would have a very limited time frame to file their claim in the county where the incident happened, instead of the usual three year period under the statute of limitations. New Hampshire also does not permit the filing of certain types of cases against the government, such as when actions arise from failure to remove ice and snow.
When filing a personal injury or wrongful death claim against the state, the best thing to do is consult with an attorney. If you or a loved one has been injured in the state of New Hampshire injury attorneys at Tenn A Continue reading →