You may be on a California highway when you are struck by a city or county work truck and left with devastating injuries. California Government Code allows you to hold the worker and the government employer liable, but a case against a city or county will play out differently than a normal car accident claim.
For starters, you’ll have just 6 months to submit a written notification to the department involved, informing them that you are seeking damages. The government can either give you what you’ve demanded or reject your claim. If there’s a rejection, you then have 6 months to file a lawsuit against the government.
(b) When a person is unable to commence a suit on a cause of action described in subdivision (a) within the time prescribed in that subdivision because he has been sentenced to imprisonment in a state prison, the time limit for the commencement of such suit is extended to six months after the date that the civil right to commence such action is restored to such person, except that the time shall not be extended if the public entity establishes that the plaintiff failed to make a reasonable effort to commence the suit, or to obtain a restoration of his civil right to do so, before the expiration of the time prescribed in subdivision (a).
The Process of Filing an Accident Claim with the City
You could be on your way to work when a garbage truck smashes into your car. You might be walking across a crosswalk when a distracted worker in a city SUV hits you.
Government Code 815.2 makes it clear that, in California, Government entities are usually responsible when their employees make mistakes that cause accidents.
You can file a claim and ask for help with your medical bills, lost time at work, and more. Families can file wrongful death claims if an accident claims a loved one’s life. However, the process can be very complicated.
Normal car accident claims have a statute of limitations of up to two years, but when a governmental department is involved, that time limit to file shrinks to just 6 months.
And in that limited time, you’ll have to file complicated paperwork and make sure you have enough evidence to prove a county worker was at fault.
What to Do After the Government Rejects Your Accident Claim
Within 6 months, you’ll have to “notify” the department of your accident, give them evidence of who caused it, present the medical evidence of your injury, and alert them to what you are seeking in support.
The city, county, or state will usually have up to 45 days to send you a decision, compensate you, or reject the claim. After 45 days, if no official word has been sent, the claim is usually assumed to be rejected.
If it’s rejected, GOV 945.6 then allows you another 6 months to file a lawsuit and take the government to court.
There are a few things to remember about your 6-month timeline to file a lawsuit:
- The six-month countdown to file a lawsuit usually starts once a rejection letter is sent or on the day it was personally delivered.
- If the government entity sends no rejection letter, the victim has two years from the date of the accident to file a lawsuit.
Why a Lawyer Can Help With Cases Involving the Government
As the above information confirms, cases filed against the government can be very complex. The paperwork and deadlines are hard enough, but government departments will also have government lawyers on staff, ready to fight your claims and allegations.
That doesn’t even factor in the added difficulty when a lawsuit and trial are necessary to seek justice.
A skilled California car accident attorney has experience dealing with complicated cases and fighting large corporations and government agencies. Your lawyer will fully investigate your case, so that the evidence is in place in case the city denies fault.
Your lawyer also makes sure your case meets all deadlines and that the stacks of paperwork are all filled out correctly.
If you miss your deadline: A lawyer can also help you if you accidentally missed the 6-month deadline for filing your case. Your attorney can help file to get an extension on the deadline as provided for under GOV 911.4.
A lawyer takes care of these difficult steps, while allowing you to focus on recovery from your accident. What’s more, an experienced lawyer is often able to earn you much more to rebuild your life than you may be able to on your own.
Knowing When You’ll Need a Lawyer After a California Accident
If you are seriously hurt by another driver, it’s a good indicator that you could use the protection and settlement negotiation skills of a lawyer. A serious injury may include a bone fracture or a head, neck, or back injury. If you are hurt by a government employee, it’s another sign that you should have a lawyer on your side.
Maison Law offers a free case consultation to all injured California accident victims. It’s confidential, and it comes with no obligation.
And if you do need our help to earn more, you never have to worry about how you’ll pay a lawyer. We aren’t paid unless we win your case for you. Then our fee comes out of the settlement check a car insurance provider must write.