After most personal injury accidents in California, victims are granted up to two years to file a lawsuit to get support for recovery.
However, when a city government agency is at fault for an accident (perhaps you were struck by a city bus while walking in a crosswalk), the statute of limitations is usually much shorter. Victims would only have 6 months to file a claim and submit it to the city.
The important requirement is explained in California’s Government Code (GOV).
CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES
GOV 911.2. (a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.
Why Do I Have Less Time to File If My Case Involves the Government?
Government entities enjoy some protections against lawsuits, and it can make it much more difficult for victims to earn support if they are hurt.
One of those protections involves the window accident victims have to file a claim. In most accidents caused by a city, county, or state employee, victims would need to notify the agency involved within 6 months. That means alerting them to your accident and intention to file a claim.
If the deadline isn’t met, the city would usually have grounds to ignore your claim.
This isn’t the only deadline that’s involved.
- First 6 Months: You’ll have 6 months to submit a notification in writing describing your accident, the time, date, and location. You’ll also include the damages you’ve suffered. (e.g., the medical bills, the lost income, your pain and suffering, etc.)
- The Next 45 Days: The city (e.g., the City of Los Angeles, the City of Fresno) will then have 45 days to approve your claim, pay you what you’ve asked for, or reject your claim.
- The Next 6 Months: If your claim is rejected, you then have 6 months to file a civil lawsuit to dispute their denial of responsibility.
The Types of Accidents a City Can Be Liable For
These and other types of accidents can all leave a city, county, or state government liable for injury hardships:
- Traffic accidents involving city vehicles. To include city buses, maintenance trucks, police and fire vehicles.
- Accidents suffered while riding on public transportation like a city bus, the light-rail, or the subway.
- Premises Liability Accidents. This might involve any hazard left out in a public space, like broken pavement at a park that could cause a fall. A crumbling stairwell in a city parking deck that might send someone tumbling. Dangerous sidewalk damage, perhaps due to tree roots causing trip-and-fall accidents. Accidents at the library or the tax office.
- Injuries at Public Events. Accidents at the State Fair or at a concert in a public space.
Why You May Need a Lawyer’s Help Holding a City Responsible
If you have serious injuries caused by the city’s mistake, it’s a good idea to bring your case to a lawyer. Injury claims against city entities are often much more difficult than standard accident claims against a normal reckless driver or a negligent business owner.
The city has legal protections that won’t be easy to navigate. An experienced personal injury lawyer working exclusively in California provides many advantages and “easy-button” services for victims who may need to focus on healing.
These are a few of the benefits of legal representation:
- A lawyer helps with the stacks of complex paperwork.
- A lawyer fully investigates your case so you have the evidence to prove the city’s fault.
- A lawyer meets government lawyers head-on when they try to discount your case.
- A lawyer goes over the settlement offers from the city to make sure they cover all of your damages.
- A lawyer has a lawsuit prepared in case the city refuses to accept blame for your accident.
Perhaps the most important benefit: A lawyer is often able to earn you much more for your recovery than you could by taking on a city by yourself.
Talk Over Your Case with a California Personal Injury Lawyer
Contact Maison Law to schedule a free, no-obligation case consultation if you’ve been seriously hurt by a city employee’s or a city department’s negligence. If you need our help to earn more, there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the city must write for you and your family.
