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Special Considerations When You File Suit against the Government

Posted on in Personal Injury

California injury attorney, California accident lawyerIf you have been involved in an accident and believe that a governmental entity is at fault, the law requires that you take particular steps in order file suit. Governments have additional protections from lawsuits that individuals and businesses do not. This is called “sovereign immunity,” and it can limit a governmental entity's liability or damages.

If you want to sue the State of California, the California Tort Claims Act will likely require that you pursue an administrative remedy through the Government Claims Program. If that claim is rejected or denied, you could then bring a lawsuit in court. Other governmental entities have different procedures that you must follow, but usually you must file an administrative claim first.

When administrative claims are required, it is imperative that you get guidance from an attorney knowledgeable in filing suits against government entities. The claims must be carefully worded and set forth the proper information. Failure to provide complete information could result in your claim getting denied and will limit your future lawsuit in court to what was stated in your administrative claim.

Many types of injuries and accidents will involve filing suit against a government entity. For example, if you got into an accident on or with public transportation, you would have to bring a claim against a governmental entity to recover damages. Other examples times a governmental actor court be sued include:

  • A city for broken walkways that led to an injury;
  • Public hospitals in medical malpractice cases;
  • The state for defects in highways; and
  • The federal government for a slip and fall at a post office.

It is also critical to be aware of the shortened deadlines by which you may have to file your suit. In many cases, you must bring your claim within six months of the accident. This is not a long time, especially considering that you and your attorney will have to work to investigate the accident and draft the proper documents during this period. If this deadline is missed, it is almost certain that a court will not hear your case.

If you believe that you have a lawsuit against the government, there are many considerations and special steps you may have to take. The San Jose personal injury attorneys at Jachimowicz Law Group, Attorneys at Law, Inc. have handled claims against governmental entities and know how to navigate this particular area of law. Call 408-246-5500 for a free consultation.

 

Sources:

http://www.dgs.ca.gov/orim/Programs/GovernmentClaims.aspx

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=00001-01000&file=905-907

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=00001-01000&file=815-818.9

https://sacramentopress.com/2014/03/31/everyday-law-claims-against-the-government/

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