How to File a Personal Injury Lawsuit Against the City or County of San Diego, California
You may be surprised to learn that the city of San Diego just approved nearly $13 million in settlement payouts to victims impacted by incidents that resulted in several personal injuries and other damages. A common misconception is that it’s fruitless to pursue a lawsuit against a city, county, school, or any other public entity because “you can’t fight city hall,” as the saying goes. Yes, government entities have deep pockets and big legal teams, but they’re not invincible, and when they’re responsible for a personal injury or wrongful death, they need to pay.
What Kinds of Claims Were Filed Against the City of San Diego?
The vast majority of the March 2025 settlement payouts went to people affected by a 2023 sewage spill in San Diego Bay. But other settlements went to individuals for damages like those people suffer from every day but aren’t sure they can get compensation for. One case involved a woman who was hit by a city truck and suffered a traumatic brain injury as a result. She was awarded $200,000.
The city also awarded $450,000 to a woman who made a U-turn and collided with a police car. What makes this case particularly interesting is that the police car had its lights and sirens on and was traveling faster than the speed limit. Many people believe that when a police car has its lights on and sirens blaring, any collision is automatically the fault of the civilian driver, but that’s not always the case. A knowledgeable personal injury lawyer like those at Mova Law Group – Personal Injury Attorneys can collect witness statements and work with accident reconstruction experts to reveal whether there was actually fault on the part of the law enforcement officer and therefore compensation due to the injured party.
Another case involving San Diego police resulted in an $85,000 settlement to the family of a child who sustained a bite from a police dog. While we support our law enforcement personnel, they’re not perfect, and sometimes their negligence–whether willful or not–causes harm. In these cases, the victim may be entitled to monetary damages because of their injuries.
A Shocking Wrongful Death Case Involving Negligence by the San Diego Police Department
The second largest settlement payout from the city went to a family of a mother and daughter who died in a car crash. What makes this case particularly interesting is that the collision was not with a city vehicle or employee, but with a driver who intentionally drove recklessly after police had been made aware of his dangerous mental state but failed to take action.
In this very high-profile case from 2018, the parents of Trevor Heitmann called 911 and asked for police to evaluate their son because he was acting “manic” and had threatened to drive his McLaren sports car on the wrong side of the freeway to prove he could do so without getting hurt.
When the police arrived, they said because he was 18 he would have needed to call them himself, or he would have needed to be “gravely disabled” or have made a “credible threat against somebody or be harmful to himself.” The officers did not feel the situation warranted intervention and they refused to speak to or evaluate Trevor despite the parents’ desperate appeals for help.
Shortly after the officers left, Trevor got in his car and drove the wrong way on Interstate 805 at speeds exceeding 100 mph. He collided with an SUV driven by Aileen Pizarro and her 12-year-old daughter Aryana. All three people were killed.
As a result of this tragedy, the city not only agreed to pay $6.125 million to the Pizarro family, but also committed to amend San Diego Police policy regarding mental health calls. While no amount of money can compensate for the loss of a loved one, the claim made by the Pizarro family against the city resulted in policy change that may save lives in the future.
How to File a Lawsuit Against the City of San Diego
The California Claims Act (formerly known as the Tort Claims Act) governs how claims can be made against a government entity, including the procedures that must be followed and the deadlines that must be met. Before you get to the point of filing a lawsuit, you must first submit a claim to the city within 6 months of the incident or accident. This timeline is significantly shorter than the 2 years allowed for filing other personal injury and wrongful death claims in California. This deadline is hard and fast, so if you miss it, you forfeit your right to go after any monetary compensation for your damages later.
While filling out a claim form on the city website may seem straightforward, it’s advisable to do so with the guidance of an experienced personal injury lawyer like those at Mova Law Group – Personal Injury Attorneys. Calfornia cities like San Diego have something called “sovereign immunity” which means they are generally shielded from liability unless specific conditions are met, including negligence. Proving negligence can be difficult, and that’s why letting your personal injury attorney guide you through the process is the best way to ensure your legal rights are protected and you receive monetary compensation for your damages.
If the city fails to respond to your claim within 45 days or if they reject your claim, you have the right to file a lawsuit, and you should do that only with the help of a qualified personal injury lawyer. If the city responds by offering a settlement, please consult an attorney before you accept it. Remember that once you accept a monetary settlement, you give up your right to further money, even if your medical expenses, lost wages, and pain and suffering continue or increase in the future. Initial settlement offers are designed to make the case go away quickly, but you may have injury-related expenses down the line, so think twice and consult an attorney before you accept the settlement and sign away your future rights.
Get Your Legal Advice from a Personal Injury Lawyer with the Right Experience
Not long ago a friend shared a story about when her mother tripped on a city sidewalk. She was walking to her car after dark where the city lights were functional but insufficient to see a nearly 3-inch-high ledge from a crack created by tree roots breaking the concrete. She tripped and fell, landing hard on both knees. An attorney told her there was “no point” in filing a lawsuit against the city because municipalities have huge budgets to fight in court and they “always win,” and because she had pre-existing issues with her knees, she believed the attorney who told her she didn’t have a case. The knee surgery she thought she might need 5 to 10 years down the road became urgent in order to relieve the excruciating daily pain and severely impaired mobility. She got bad advice from that attorney and lived with unnecessary pain as a result. On top of that, the city was not made aware of her injury and so had no incentive to fix the hazard (which they should have fixed anyway). Had she called the team at Mova Law Group – Personal Injury Attorneys, we would have listened to the details of the incident and may very well have given her different advice.
The lawyers at Mova Law Group – Personal Injury Attorneys have expertise in fighting for their clients rights against cities, counties, and other public and government entities. If you or a family member has been injured on public property or because of the actions or negligence of government personnel, contact us to discuss your case and explore your options.
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