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Protect Yourself: Do You need a lawyer?

December 2, 2020/in Protect Yourself/by Jim Buxton

My Home Flooded with Sewage. What Should I Do?

“The sewer is backing up into my house!”

Panic sets in almost immediately. The smell is overwhelming, your belongings are being damaged, and you’re wondering what to do next.

If this has happened to you, you’re not alone.

Many Oklahoma homeowners experience sewer backups caused by aging infrastructure, blocked sewer lines, or municipal negligence. While many people assume there’s nothing they can do, Oklahoma law may provide a path to compensation through the **Oklahoma Governmental Tort Claims Act (“GTCA”).**¹

The GTCA was created to **”(1) promote prompt investigations, (2) provide an early opportunity for correction of dangerous conditions, (3) promote speedy and amicable settlements of claims, and (4) permit the governmental entity to prepare for fiscal consequences.”**²

Although the process can be complicated, Oklahoma Sewer Lawyers has spent more than a decade helping homeowners navigate claims against cities and other governmental entities.

This article is intended to provide general information and should not be considered legal advice.

Do I Need a Lawyer?

The sooner you speak with an attorney, the better.

After a sewer backup, important evidence can quickly disappear as cleanup begins and repairs are made. Early legal guidance helps preserve evidence, document your damages, communicate with the city, and protect your legal rights.

If your home experiences a sewer backup, report the emergency to the city immediately. Then contact an experienced attorney as soon as possible.

What If I Didn’t Call a Lawyer Right Away?

You may still have a claim.

Under the GTCA, a Notice of Tort Claim generally must be presented within one (1) year of the date of the sewer backup.³ While you shouldn’t wait, many homeowners don’t realize they have legal rights until weeks or months later.

Our attorneys can determine whether you’re still within the required deadlines and help protect your claim.

What If I’ve Already Filed a Tort Claim?

We regularly help homeowners who have already started the process.

After a Notice of Tort Claim is filed, the governmental entity generally has 90 days to approve or deny the claim. During that time, a lawsuit generally cannot be filed.

If the claim is denied—or if the city does not respond within 90 days—it is generally considered denied. After that, you generally have 180 days to file a lawsuit.⁴

Because these deadlines are strictly enforced, it’s important to speak with an attorney before they expire.

Why Oklahoma Sewer Lawyers?

Claims against cities are different from ordinary insurance claims. They involve unique legal procedures, strict deadlines, and often complex issues related to municipal sewer systems.

For more than a decade, Oklahoma Sewer Lawyers has represented homeowners across Oklahoma whose homes have been damaged by municipal sewer backups. We’ve recovered millions of dollars for families whose lives were disrupted by failing sewer systems, and we’re committed to helping our clients pursue the compensation they deserve.

Contact Us Today

If your home has been damaged by a sewer backup, don’t wait to learn your rights.

We offer free case evaluations, and you pay no attorney’s fees unless we recover compensation for you.

Contact Oklahoma Sewer Lawyers today to discuss your case and learn how we can help.


Legal Authorities

¹ 51 O.S. §§ 151 et seq.

² Calvert v. Tulsa Public Schools, Indep. Sch. Dist. No. 1 of Tulsa County, 1996 OK 106, ¶ 19.

³ 51 O.S. § 156(B).

⁴ 51 O.S. § 157.

Tags: #1LawyerInThe2Business, #OklahomaSewerLawyers, #ProtectYourself
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