Before you pursue any claim against a governmental entity, make sure you sit down with a personal injury attorney. There are very specific rules when it comes to pursuing claims against governmental agencies and your personal injury attorney will understand that. Don't be surprised if there are caps on damages available.
Good luck to you.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Absolutely. You need to consult with a local attorney who handles personal injury.
If you find this answer helpful, please let other readers know by marking the answer as "helpful". No discussion on this board is intended to replace the advice or consultation when all facts are disclosed and pleadings reviewed. No attorney client relationship is established by initiating this discussion with the attorney. For further discussion, I can be contacted by phone at 615-452-4423 or my email at Patti@pattibgarner.com. Most consultations are free. My office is located in Gallatin, TN and I am licensed to practice in the state of Tennessee.
Any time you bring a claim against any level of government, no matter where you are, you are going to run into a thicket of procedural rules and barriers set up by the government to make the process as difficult as possible. So, you took the correct first step by inquiring on this website. Now, you need to take the second step and retain an attorney. Here's why:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
Fire Department; yes. Their insurance company; no. Talk to a local attorney. Should this fall under the Government Tort Liability Act, then as was mentioned, there are many procedural hoops you have to jump through. So, this is not an area of the law where you want to "Do It Yourself".
Please note that my answering this question, does not, in any way, mean I represent you for this, or any other case. You need to seek that actual face-to-face advice of any attorney in your area who can further explain the law as it applies to your case.
I would add only one thing to the other responses. When retaining an attorney, time is of the essence. The sooner you do it, the better. Make sure you thoroughly vet the potential attorney in terms of expertise and experience. You may likely want to interview a couple to make sure you find a good fit.
Absolutely. My firm has handled numerous cases against fire departments for precisely this kind of accident. Each individual involved in the accident will have a claim if it can be shown that the accident was caused by the fire truck. I would encourage you to act quickly to avoid any number of problems that can arise when individuals wait to pursue a claim. Time is not on the side of Plaintiffs. Witnesses can become hard to locate and memories fade.
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