Not all slip-and-falls and trip-and-falls occur at privately owned homes or businesses. Some of these accidents occur on property that the State of California owns. If you have injuries from an accident on public property, you’ll want to speak with the California slip-and-fall accident lawyers at Maison Law right away. Time is of the essence in these cases. In pursuing compensation for your government building slip-and-fall injuries and damages, there is a different process. Pay special attention to the process below.
Determining Whether Property is Publicly or Private
With most properties, it’s obvious whether they’re public or private. Los Angeles City Hall or a Municipal Court building are public. Nearly all parks are public, too. An eating area with food vendors might appear to be private property. However, but it might be on a university campus or a state hospital. In some cases, performing exhaustive map and records searches is necessary to determine the ownership of real estate. You’ll want the experienced and thorough California personal injury lawyers at Maison Law for this purpose. Furthermore, you’ll be confident that you’re pursuing the right legal entity for the damages that you suffered.
Special Rules Apply to Personal Injury Claims that Arose on Public Property in California
The general rule in any California slip-and-fall or trip-and-fall case is that the person who claims injuries and damages must file their personal injury lawsuit within two years of the date of the accident. What comes to issue in slip-and-falls and trip-and-falls that occur on public property is the California Tort Claims Act. Before you can sue a government entity or employee for injuries and damages suffered in an accident, you’re required to file a claim within six months of the date pof your accident that complies with the requirements of the California Government Code sections 915-915.4. This requirement is strict, and there are very few exceptions to it.
The Rationale Behind the Notice Requirement
The claim notice requirement gives the government an opportunity to investigate and attempt to settle a personal injury claim. In addition, this can occur without the burden and expense of litigation. In reality, it’s a stumbling block to many self-represented litigants and inexperienced lawyers. That’s because a failure to properly draft and file the notice will result in the dismissal of a personal injury lawsuit forever.
The Government Entity’s Response
The entity that you claim is responsible for your injuries and damages has 45 days after receiving your claim to act on it. The entity may or may not attempt to settle your claim. If your claim is denied, they may notify you in writing. When you receive notice of a denial in writing, you only have six months after the letter’s postmark to file your personal injury lawsuit. If you receive no such notice, you have the full two-year statute of limitations period to file. For purposes of protecting the statute of limitations, the best practice would be to file any personal injury lawsuit as soon as possible after a written denial of your claim.
Slip-and-Falls and Trip-and-Falls on Federal Land
For accidents and injuries that occur on federal property, different federal laws apply. A claim must be filed with the federal agency that is believed to be responsible for the accident within two years of when it occurred. That agency then has six months to respond. If it denies the claim, the claimant then has six months from the date of denial to file a lawsuit in federal court.
Whether you’ve been injured in a slip-and-fall or trip-and-fall on private or public property anywhere in California, our attorneys at Maison Law can help you get the compensation that you deserve. If a government entity was involved, you can expect our law firm to properly report the occurrence to the appropriate entity immediately. Contact our offices for a free consultation and case review on a slip-and-fall or trip-and-fall anywhere in California. Our goal is to obtain the highest settlement or award that you deserve. Remember that if a notice requirement applies in your case, time is of the essence.
Speak to a Government Building Slip-And-Fall Attorney in California Today
Having government building slip-and-fall injuries can result in loss of salary and extensive medical bills. In addition, these injuries can be long-term and affect your quality of life. Considering the special provisions of government accidents in California, it’s important to discuss your case with a personal injury lawyer.
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