Can you get punitive damages or compensatory damages if the county is involved in the lawsuit?

Asked over 3 years ago - Peoria, AZ

I hit an unmarked pothole in a construction zone. It was a county project. I have made claims with the county and the head construction company and they have both denied my claims. I have mounds of evidence (witnesses statements, recorded hone conversations, records, etc.) that support the negligence. I have spent months collecting information and putting all the pieces together. I am planning on suing them all in civil small claims court. I am going to name everyone and they can determine who is at fault. I was told by a local attorney that I could not get punitive or compensatory damages from the county. Is this true?

They are only one defendant in the case so how would that work? If they found that the contractor was at fault and not the county would I be able to collect?

Additional information

Or, am I even allowed to ask for them in small claims if the county is even involved?

Attorney answers (1)

  1. Jonathan Adam Jamieson

    Contributor Level 12

    Answered . Yes.

    Disclaimer: This post is for informational purposes only, and is not intended to provide legal advice or establish an attorney/client relationship. Legal advice should be obtained by discussing the specific facts of your case with an attorney licensed to practice in your area.

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