Legal Question in Personal Injury in California

Personal Injury

I filed a claim form citing excessive force by a policeman with the City.

Do I also have to file with the Superior Court of the county ''Complaint-Personal Injury''?


Asked on 9/24/08, 6:41 pm

4 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Personal Injury

Not until the city denies your claim---which they will do. Then you have 45 days to file your lawsuit in superior court. You better hire an attorney.

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Answered on 9/26/08, 10:36 am
George Shers Law Offices of Georges H. Shers

Re: Personal Injury

Having worked for a City and defending them against such suit, I do urge that you go to an experienced attorney who handles such suits and has dealt with that city's police department before. Make sure it was a "city " police officer and not another jurisdiction so that you file with the right public entity. If you sue in Federal court under section 1983 then you potentially are entitled to collect attorney fees which in a fair number of such cases is a significant portion of the total settlement value. A suit in County superior court is not under Section 1983 so you do not get attorney fees if you win.

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Answered on 9/30/08, 12:33 am
Terry A. Nelson Nelson & Lawless

Re: Personal Injury

Only if you want to sue them.

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Answered on 9/26/08, 2:13 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Personal Injury

Don't sue the cops without first retaining an attorney who regularly handles civil rights cases.

You don't know how to do it yourself, and when you lose you'll have to pay thousands in court costs.

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Answered on 9/25/08, 9:23 pm


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