Writing a Damage Claim

Before you sue, you will need to submit a damage claim. It may or may not be honored, or dismissed in whole, or in part. Likely it will be rejected, because then your only recourse is a costly lawsuit. This is called "calling your bluff". Except that you're not bluffing!

State law and City Ordinances outline the process for tort claims and lawsuits.

There is not always a standard form but required information for a claim.

Your claim will usually consist of the following questions, fleshed out to explain how the City is liable for damages you claim.

You will need to know the following information:

-Who, When, and Where

-What and How

-Why did this occur (motivation?)

For instance, a claim form might look like this:

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Date
Time:
Amount Claimed: $
Location of Loss/Incident;

Incident Description (How/why did the incident occur).

Describe the City defects or acts of negligence that you believe caused the damage and/or injury.

Witnesses and/or All Other Persons Involved (Please provide names, addresses and phone numbers):

Describe the value and extent of the damage to your home, vehicle, or personal property.  Attach estimates, invoices, or other documentation that support your loss.  

If you were injured, please describe your injury and how it occurred

Identify any physician(s) or other medical professional(s) involved:

Are you still receiving medical treatment?  [_] Yes   [_] No   If yes, describe treatment.

I declare under penalty of perjury under the laws of the State of X that the foregoing is true and correct.

Signature of Claimant                                 

Date and place (residential address, city and county)