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Filing a claim against a California government agency comes with strict deadlines, including the six-month window most cases must follow. These rules move faster than a typical injury claim, and they can feel overwhelming when you’re trying to recover. A personal injury attorney can explain how these time limits work and help you understand what steps you may take if you plan to file a claim against a city, county, or state agency.
The Personal Injury California Statute Of Limitations
Generally, personal injury claimants in California have two years from the date of their injury to file a case. If they do not file their claim within two years, they most likely will lose their legal right to pursue compensation. However, claimants who have claims against a California government entity and/or agency have a different deadline.
Before these claimants can file a lawsuit, they must provide the entity with special notice. Under California law, this notice must be given to the government within six months of the injury or wrongful death. Failure to provide such notice can negate any future claims related to the incident.
After receiving the notice, the government has 45 days to respond. They may attempt to negotiate a settlement with the injured party, just like a driver’s insurance company might do in the case of a personal injury arising from a car accident. If the Government denies the claim, the claimant then has six months to file a lawsuit.
If the government entity does not respond with a rejection letter within the same 45-day period, then the claimant can still file a lawsuit within the regular two-year statute of limitations from the date of the injury. Regardless of who your personal injury claim is against, it can be helpful to have a knowledgeable California personal injury attorney on your side to assist you with meeting any vital deadlines.
Steps To Providing A Claim Notice
Generally, under the concept of sovereign immunity, a California government entity is not liable for any injury caused by itself or one of its employees. However, this rule limits their liability, and there are several exceptions for which an injured party could seek compensation for their damages. That person must follow strict procedural laws, including submitting a timely notice of claim.
The claims requirements can vary by California government entity. Suppose the state is liable for your injury. In that case, you will need to file a claim with the Office of Risk and Insurance Management at the California Department of General Services.
Keep in mind that some claims must be filed directly with a specific state agency or sent to a designated mailing address. A California personal injury lawyer from Arash Law can take care of this for you. Some municipalities, such as the City of Los Angeles and the City of San Diego, allow you to file a claim directly on their website.
In some cases, you might need to draft your own notice of claim letter. Your letter will need to include:
- Your name and address.
- Where the agency should send your notices about the claim.
- Details about what happened and how you were injured, including the date, location, and description of the incident.
- A general description of your injuries, damage, or loss, such as medical expenses, lost income, property damage, and other similar losses.
- The name of the government employee(s) who carelessly or negligently caused the injury.
- If you’re claiming losses that are less than $10,000, provide the amount you are claiming and how you came to that amount.
- If you’re claiming losses that are more than $10,000, include whether any potential lawsuit would be classified as a limited civil case.
If filing a notice of claim sounds complicated or overwhelming, you’re not alone. The majority of injured individuals who have claims against a government entity turn to an experienced accident lawyer to handle their claim for them. At Arash Law, our California personal injury lawyers have experience with the claims process and requirements for different California government entities.
When you work with us, our attorneys will focus on meeting the requirements for filing a claim against a government agency. Don’t forget that missing a deadline or not submitting your notice of claim correctly can result in you being unable to pursue compensation for your injuries.
What Kinds Of Accidents Can The Government Be Liable For?
Government entities can be liable for many different types of injuries and accidents. Keep in mind that generally, individual employees or contractors can’t be held liable. Instead, those claims are made against the government itself. Common accidents involving the government include:
- Motor vehicle accidents due to the negligent design or maintenance of government-owned roads.
- Motor vehicle accidents caused by government employees in the course of their job duties.
- Slip and falls and other premise liability accidents in government offices, including the post office, Department of Motor Vehicles (DMV), courthouses, police stations, jails, libraries, and more.
- Vehicle crashes caused by emergency response vehicles.
- Accidents that occur at public schools, including state universities, or those involving public school buses.
- Accidents in public parks or other publicly controlled property.
- Public transportation crashes.
There may be other types of accidents for which the government might be liable. Consulting a personal injury lawyer is often a good idea if you are involved in an accident that may be attributed to a government agency. Even if the government is only liable for a portion of your damages, you may still have the right to pursue a claim and seek legal representation.
A well-versed California personal injury lawyer from Arash Law can help you with claims against not only the government but also against private individuals and businesses. You could be owed money for your medical bills, pain and suffering, loss of enjoyment of life, lost wages, and many other types of damages.
What Should You Do After An Accident For Which The Government May Be Held Liable?
Taking the proper steps after an injury involving the government helps protect your rights and keep your claim on track. These steps are provided for informational purposes only and do not constitute legal advice; however, they can give you a general idea of what to consider after an accident on public property or involving a government employee. Doing the wrong thing or doing the right thing at the wrong time can be detrimental to your claim.
Seek Medical Attention
The first thing anyone should do after sustaining a personal injury is to seek medical attention, especially if it is an emergency. Victims with severe pain, bleeding, or other life- or limb-threatening injuries should seek immediate medical attention at an emergency room. If you can’t call an ambulance yourself, ask someone around you to do so.
If the paramedics recommend that you stay with them and go to the emergency room, follow their advice. Sometimes those injured in accidents don’t feel pain or notice other symptoms right away. You might initially feel okay, but that doesn’t mean that you don’t have injuries.
A lack of pain could be related to the resulting adrenaline rush accompanying the human fight-or-flight response, or you could have an injury that may not show symptoms at the onset. Personal injury lawyers often recommend getting a proper medical assessment after an accident. Even if you don’t feel like anything is physically wrong, it can help protect your physical health and legal rights to see a doctor and undergo a checkup.
Document Your Recovery
Keep a journal to record your symptoms, limitations, and any activities you miss due to your injuries. Detail your pain, what it feels like, how it limits you, and its severity. Mention what treatments seem to work and which ones don’t.
If you miss out on a family wedding, your child’s school play, or any other important event, be sure to document those as well. Any setbacks you encounter or treatments that don’t work, can also be documented in this journal.
Stick To Your Treatment Plan
After diagnosing your injuries, your doctor will prescribe a treatment plan. This plan might change over time, depending on how your injuries respond. Follow your doctor’s advice and instructions, even if they seem insignificant.
If you don’t follow them, the party responsible for your injuries or their insurance company can attempt to say that you aren’t really hurt and that you’ve made your condition worse by not following the advice of your physician.
Decline To Provide A Statement To The Insurance Company
You may receive a phone call within several days of your accident or notice of a claim from the at-fault party’s insurance company. The provider will likely ask you for a recorded statement. It may sound like an innocent request, and you may be grateful for the opportunity to share your story.
However, it is possible that you might say something in your statement that will harm your claim. Therefore, you may be better off politely refusing to discuss the matter with the insurer.
Instead, refer them to your California personal injury attorney. When you have the representation of legal counsel, they can handle the insurance company for you.
Call A California Personal Injury Lawyer As Soon As Possible
Next to seeking medical care, consulting a California accident lawyer is an important step to take after being in an injury accident. The sooner you contact an attorney, the more time they can get to prepare a well-supported claim. They can begin collecting evidence that can support your claim and identify which parties might be potentially liable for your losses. With a lawyer on your side, you can also get help in managing the critical deadlines.
Call Our Personal Injury Attorneys To Schedule A Free Case Review
If you are injured by a government entity or an employee’s carelessness or negligence, you may be able to seek compensation for your damages. While California’s governor has provided injured parties with an extension to file claim notices, there are still deadlines and rules that apply to these types of claims. At Arash Law, our dedicated team of personal injury lawyers can represent clients in a wide range of personal injury cases.
For decades, our legal team has strived to help injury victims pursue damages from the government in personal injury cases in San Francisco, San Jose, San Diego, Sacramento, Sherman Oaks, Riverside, and throughout the state of California. Our skilled car accident lawyers also handle other types of crashes involving trucks, motorcycles, and other motor vehicle accident claims.
During consultation, our California personal injury lawyers will review the circumstances of your claim. You can discuss your rights and the potential value of your case. Your lawyer will also talk about any deadlines or other special rules you need to be aware of.
Call Arash Law at (888) 488-1391 or complete our online contact form to schedule a free initial consultation. You don’t need to pay us any attorney’s fees unless we settle your case or the court awards you a verdict in your favor. During our initial case review, we can discuss your legal options without charge. Note that although we won’t collect attorney fees if no compensation was obtained, you might still need to pay other case-related costs regardless of the outcome.
