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California Torts Claims Act and Suing Government Entities

After falling victim to a serious accident in California, you may expend a lot of energy battling insurance companies to get even the most basic support for your injury. That frustrating journey to seek fair compensation gets even more complicated if the accident was the fault of a government employee or department.

You may be on the freeway when a county work truck knocks you out of your lane. You could be in a public building when a puddle left out in a stairwell sends you into a painful fall. Bringing a claim for damages against a government entity is much different than filing a claim with someone’s personal car insurance.

You must follow the guidelines set forth by the California Tort Claims Act which can instantly make your case more complex. Yet, with the help of a skilled legal expert, you can still earn the compensation you need for recovery.

Earning Assistance for Victims of Government Negligence in California

Whether you are in a traffic accident caused by a city government employee or hurt by the mistake of a worker for the State of California at a public event, you’ll need to adhere to certain rules and restrictions before filing a claim.

You’ll need to prove the government agency is responsible for your injury and should pay for every cost of recovery you receive. Don’t face off against government lawyers and insurance agents on your own.

Allow Martin Gasparian to take up your case against the government and make sure you win what’s fair while abiding by their rules. Mr. Gasparian, the founder of Maison Law, offers a free consultation on your case. Contact him to find out about the deadlines and challenges you’ll face when suing the government.

The California Tort Claims Act and Government Liability

The California Tort Claims Act grants immunity to local and state governments from being sued in many instances when people get hurt. This applies to state, city, and county governmental agencies.

There are exceptions to this immunity though. The Tort Claims Act provides the guidelines for personal injury victims to seek compensation after an accident caused by negligence on the part of a government employee or entity.

You may not sue an individual working for the government, but your case would target the department the negligent employee works for.

Deadlines for Filing A Claim Against the Government

For normal personal injury claims, those hurt have up to two years from the date of the accident to file. This is not the case when a California city, county, or state government entity is involved.

If you are injured due to the actions of a government representative or agency, you have to file a detailed claim and submit it to the California government within six months of your accident.

As unbelievable as it may sound, the government then gets to decide if they’ll allow you to sue them or if they’ll reject your claim.

These are the most likely outcomes after you file your claim:

  • Reject your claim. The government agency involved has 45 days to examine your claim. They will investigate your allegations. If they think your claim is unfounded they can block your ability to sue them.
  • They can allow you to file a lawsuit by sending a “right to sue” letter. You must file your lawsuit 6 months from the date of the arrival of your “right to sue” letter.
  • If the agency does not respond to your claim within 45 days, you are allowed to move forward with your lawsuit at any time within two years of the date of your accident. You don’t have to go through with your lawsuit if you no longer desire to.
  • The government may also decide to negotiate a settlement with you if they believe your case is strong and not worth fighting.

Exceptions to California Tort Claims Immunity

The California Tort Claims Act grants immunity to the government in many situations where people may get hurt on public property.

Thankfully for victims in need of real help, there are special circumstances where the injured can ask for assistance from a city, county, or state government agency.

The best resource you have is to contact a local personal injury lawyer with extensive knowledge of California Law. Take advantage of a free, no-obligation consultation and simply ask if your injury case is worth presenting to the government. In general terms, there are some types of personal injury cases that the government is more likely to allow to move forward.

When government employees act carelessly and cause you to suffer an injury you may be allowed to proceed with your lawsuit. The same permission can be earned when an independent contractor working for the government causes your accident. Accidents involving dangerous conditions on government property can also earn a “right to sue” letter.

Contact a Local Personal Injury Lawyer After an Accident in California

If you or a loved one has been hurt by the actions of an employee or department of a state or local government, please talk to a personal injury lawyer about your case. Tell Maison Law what happened to you so that we can help you determine your best path to getting help during recovery.

Contact our offices for a free case evaluation. We take a hands-on approach to every case and believe that victims hurt through no fault of their own should never be handed a bill for their medical care. We will fight for your compensation, even if that means taking the California government to court to earn what’s fair.

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