The COVID-19 pandemic has ushered in many changes in California. It is well known that California’s response to the pandemic resulted in many restrictions, but California’s response to the pandemic has also resulted in certain expansions. One of these expansions is an increased period of time for the filing of personal injury claims against any California government entities and agencies. To ensure that you know the expanded deadlines that can apply to your specific injury case, consult with a California personal injury attorney as soon as possible.
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 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 a notice can negate any future claims from the incident.
After receiving the notice, the government has 45 days to respond to the notice. 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. No matter who your personal injury claim is against, it is essential to have a knowledgeable California personal injury attorney on your side to ensure that you do not miss any vital deadlines.
The New Time Extension for Government Claims
Recognizing that the coronavirus health emergency has made it difficult for potential personal injury claimants to provide the government with notice of intent to file a lawsuit, Governor Newsom has granted a temporary extension of the time to file a government claim. Executive Order N-35-20, signed on March 21, 2020, provides a 60-day extension for personal injury claims against government entities and agencies. On May 19, 2020, with Executive Order N-65-20, the governor extended the provision by an additional 60 days.
This means that, at present, injured parties have six months from the date of their injury (date of accrual) plus 120-days to file a claim with a governmental entity/agency as long as the claimant’s injury occurred before June 30, 2021. This is a crucial extension that personal injury claimants should be aware of and that the attorneys at Arash Law know well. Lack of knowledge about this extension could cause some injured parties not to pursue the compensation they deserve because they (or the attorneys they retain) think their deadline has passed.
Steps to Providing a Claim Notice
As a general rule, 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 certain state agency or sent to a specific 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 to include 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) that carelessly or negligently caused the injury—if you know it
- If you’re claiming losses that are less than $10,000, the amount you are claiming and how you came to that amount
- If you’re claiming losses that are more than $10,000, 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 California personal injury attorney to handle their claim for them. At Arash Law, our experienced California personal injury lawyers are well-versed in the claims process and requirements for different California government entities.
When you work with us, you can be assured that the requirements for filing a claim against a government agency are met. Don’t forget that missing a deadline or not submitting your notice of claim correctly could result in you being unable to receive 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 caused by 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 happen at public schools, including state universities, or those that public involve 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. Speaking to a California personal injury attorney is in your best interest if you are in any kind of accident that might be attributable to a government agency. Even if the government is only liable for a portion of your damages, you still have the right to pursue a claim and receive reliable legal help.
A well-versed California personal injury lawyer from Arash Law can help you with claims against not only the government but also with 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 a personal injury accident involving a government agency is a crucial part of standing you for your rights and being eligible to seek compensation for your injuries. 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. Severe pain, bleeding, or other life or limb-threatening injuries should receive emergency 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 immediately. Even if you don’t feel like anything is physically wrong, it’s best for your physical and legal protection to see a doctor and get checked out.
Document Your Recovery
Keep a journal regarding your symptoms, limitations, and anything your injuries cause you to miss out on. 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, days at work, or anything else, 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 upon how your injuries respond. Always be sure to follow your doctor’s advice and instructions, however insignificant they might seem.
If you don’t follow them, the party responsible for your injuries or their insurance company could attempt to say that you aren’t really hurt and that you’ve made your damages worse by not following the advice of your physician.
Decline to Provide a Statement to the Insurance Company
Decline to Provide a Statement to the Insurance CompanyYou may receive a phone call within several days of your accident or giving notice of a claim from the at-fault party’s insurance company. They will likely ask you for a recorded statement. It might sound like an innocent request, and you might be thankful for the opportunity to tell your story.
However, nothing good will likely come of this. Insurance adjusters often attempt to twist what you say or get you to say something on your own that will harm your claim. It’s best to politely refuse to discuss the matter with them.
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 getting medical care, calling a California personal injury attorney is one of the most crucial steps after being in an injury accident. The sooner you contact an attorney, the sooner they can start protecting your interests. They can begin collecting evidence that can support your claim and determining which parties might be liable for your damages. With a lawyer on your side, you can also ensure that you don’t miss any critical deadlines.
Call Arash Law Today to Schedule a Free Case Evaluation with a Personal Injury Attorney in California
If you were injured by a government entity or employee’s carelessness or negligence, you deserve 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 devoted California personal injury attorneys have recovered more than $500 million in damages for our previous personal injury clients.
Government entities were liable for some of these claims. For decades, our legal team has assisted injury victims in recovering damages from the government for personal injury clients in San Francisco, San Jose, San Diego, Sacramento, Sherman Oaks, Riverside, and all throughout the state of California. We also have multi-lingual staff members who are ready to help our non-English speaking clients.
Call Arash Law today at (888) 488-1391 or use our convenient online form to book a no-obligation accident case review. With our No Win, No Fee Guarantee, you won’t owe us anything unless we settle your case against the parties who caused your damages or you receive a court award. You have nothing to lose by exploring your options with us—call to schedule your case consultation today.
One of our experienced California personal injury lawyers will review the circumstances of your claim. At this consultation, they can discuss your rights and what your case might be worth. They will also talk about any deadlines or other special rules you need to be aware of involving your case. Don’t hesitate to get the help you need—reach out today.
