Everything You Need to Know About Filing a Claim Against a Government Agency For Your Auto Accident Injury

If you have been injured as a result of another’s negligence, you will likely have the opportunity of filing a personal injury claim in California’s civil courts. When the injuries have been caused as a result of the negligent act or inaction of a government agency, however, the State of California Tort Claims Act will oversee the injury claim.

Government agencies are held to a specific standard of care in ensuring that safety of people. Different cities, counties and states will usually have specific rules and regulations concerning their specific jurisdiction. When an accident occurs because of the negligence of a government agency, it can sometimes be difficult to determine what agency is responsible. When being injured because of the negligence of a government agency, obtaining the legal support of an attorney can not only help in determining what agency was responsible, but also help in demonstrating what role that agency had in the accident that caused the grievances.

The following are common hazardous conditions that could signify that a government agency was the responsible party in causing someone’s injuries: Potholes that have gone unfixed, A city-employed driver who is driving erratically or carelessly, Shifted or improperly installed guardrails, Road or pavement erosion, Fading traffic lane paint, or Hazardous road designs and engineering.

Most of us know that the State of California has a statute of limitations that sets a rigid time frame to file all personal injury claims. While most people recognize this statute, many fail to recognize that when the claim is made against a government agency, the time allowance and overall process is much different.

If you or someone you know was injured because of an auto accident that was caused by a government agency’s negligence, it is important to act quickly to begin the process. The information provided in this article will help to clarify important information you should know about filing a lawsuit against a government agency in the State of California.

Tort Claims Act: Laws on Injury Claims Against Government Agencies

The California Tort Claims Act states that for the most part, a public agency will not be responsible for injuries caused by the agency or its employees. In general, California has set a limit to their liability but there are exceptions that could aid those who have been injured.

If you have been involved in an auto accident in the State of California and you have reason to believe that a government agency or employee was responsible for your injuries, you will need to file a distinct claim. Based on California’s Tort Claims Act, you will have up to six (6) months from the date of your injury to file a claim with the appropriate government agency.

The Tort Claims Act outlines certain exceptions, which allow the government to be held accountable under limited circumstances. Nonetheless, filing a successful claim can provide an injured person with compensatory damages that can include, but are not limited to the following: A loss of income, medical bills, therapeutic costs, medication expenses, property damage, and/or pain and suffering.

An individual who has been injured as a result of the negligence of a government agency can file a claim under the rules and procedures set forth by the California Tort Claims Act. The act will cover all civil claims for monetary damages including motor vehicle accidents involving negligence. As a general rule, the government entity will be held liable for the negligent act if the entity was carrying out a government function or was otherwise acting within the means of employment duties. A person seeking financial compensation from a government entity must file a claim with the appropriate government agency and cannot file a lawsuit directly against the employee who acted in a negligent manner.

Tort Claims Act: Claim Exclusions

Injuries that will not be covered under the focus of the Tort Claims Act include: Those caused by the state’s national guard, those produced by the failing or passing of any regulation, law, or ordinance, those produced by issuing, or lack thereof, any license, certificate, order, permit, or comparable official authorization, those caused by the failure to inspect a property not owned by the government, those caused by the failure to enforce a law, those produced by misrepresentation, punitive damages

Additionally, claims that are not for financial compensation or damages will not be allowed. To illustrate, the California Supreme Court held that a claim for mandamus (requiring a public entity to perform an act) couldn’t be filed on the grounds that it is not a request for monetary compensation.

Government Claims Process

When you sue a government agency, you will first have to file an administrative claim with the agency you believe is responsible for your injury. This is a step that will need to be completed before you file a claim in court.

As previously mentioned, you will need to file a claim under a certain time frame. In the State of California, personal property damage and personal injury claims will need to be filed within six (6) months from the date of the injury. It is important to note, however, that there are a few exceptions to this, as stated under the California Government Code §905 and §911.2. More about these exceptions will be explained below.

Once the claim has been filed, the government agency will have 45 days to respond to your claim. If the agency has denied your claim during that time period, you have six (6) months to file a claim in court. The six months time frame begins from the date of the rejection letter, and if no such letter was received, you have two (2) years from the day the incident occurred to file a lawsuit.

Exceptions to Filing a Late Claim – Under very specific circumstances, a late claim may be accepted. In order to be considered, petitioners should attach an application for the late filing along with the claim. The following are the most commonly accepted reasons for filing a late claim: Making a mistake in the claim, excusable neglect, inadvertence, the claimant was under the legal age during the six month period, physical incapacity, mental incapacity, or the death of the claimant.

When it comes to filing a claim against a government agency, the statute of limitations can be very complex issue to understand. Furthermore, there are other factors that could affect the allowable time frame. Generally, if you are seeking to file a claim against an agency for personal injury, it is recommended that you act swiftly and begin the process as soon as possible.

What To Include In a Claim – When filing a claim, due diligence is highly recommended. By making sure that a claim is properly submitted, monetary compensation can be much faster to obtain.

Claims against government agencies can vary from agency to agency. In order to understand the full scope of what an application should include, the government agency responsible for the accident should be contacted.

For the most part, a claim that is filed against a government agency should include the following information: Name and address of the petitioner, address the claimant desires notices be sent to date and place where the event took place, other circumstances surrounding the event, a general description of the injury or damages incurred, name of the government employee who caused the damage, loss, and/or injury, the total amount claimed, if the amount is less than $10,000

Demonstrating Damage – A person seeking to file a claim against a government entity will need to demonstrate that he or she suffered a grievance. This can be sometimes difficult, especially with respect to the physical damage caused to the vehicle or the extent of the injuries, as these can take several days to become apparent.

When demonstrating that damage occurred, the following factors could help the claimant build a strong case: Detailed photographs of the accident/ scene, Eyewitness testimony, Police reports.

There are some cases where obtaining evidence to support a case can be difficult for a person. This is usually the case for victims that require immediate medical attention due to receiving life-threatening injuries.

If you are the victim of an accident caused by a careless government agency, consider seeking the legal support of an attorney who can help you build a strong case against the agency. A proficient and experienced attorney will defend your rights even when you are unable to.

California’s Statute of Limitations – Every state in the nation will have its own rules and regulations with respect to filing a personal injury lawsuit. For most personal injury lawsuits in the State of California, a claimant will have 2 years from the time the incident occurred to file a claim. When the injury or damage was caused by a government agency, however, the claimant will have 6 months to file the claim.

When filing a personal injury claim against a government agency, it is important to seek the legal support and advice of a professional attorney as soon as possible. A skilled attorney will help the claimant build a strong case against the negligent government agency by the following:

Obtaining evidence that the negligent act occurred. – If the accident deals with hazardous road conditions, such as potholes or sight obstructing brush, a skilled attorney can immediately go to the scene and gather evidence that demonstrates the hazards before the hazards can be fixed.

Help in determining the amount of damages that are available for the specific case. – When it comes to personal injury claims in California, there are two types of compensatory damages a claimant can pursue. These are legally referred to as economic and non-economic damages. A skilled attorney can help the claimant determine the amount of compensation that is available for damages such as the loss of the vehicle, the injuries and medical costs associated with the accident, and even the emotional stress the victim endured.

Defend the rights of the victim under the settlement negotiation process as well as the litigation process.

Once the injured person has determined the extent of his or her medical condition, the hired attorney can begin to negotiate a fair settlement for the client’s injuries. Once the offer is received, the attorney can help the victim review the response as well as discuss potential courses of action.

When filing a claim against a government agency, the Tort Claims Act will only allow an injured person to collect monetary compensation from a liable government agency.

Consult With a Professional Attorney to File a Claim

Filing a lawsuit against a government agency is a complicated matter that will require a strict procedure. Furthermore, the State of California has strict statute of limitations that allow a claimant only a limited amount of time to file a lawsuit. If you have been injured as a result of a government entity, seek the legal expertise of a professional attorney who can help you defend your rights.

If you were injured in an auto accident and have reason to believe your injury was caused by a government agency, consider seeking the legal advice of a professional attorney who can assist you. Filing a claim against a government agency is highly complex and the process can be very stressful. A specialized auto accident attorney can help to make sure your case is filed in a timely manner and that your claim includes supplementary elements that will fortify your case.

Attorney Justin H. King has dedicated his career to helping auto accident victims obtain the compensation they deserve after sustaining injuries as a result of negligence. Negligent-based vehicular accidents can happen at any time but when the accident is caused by a negligent government entity, the process of filing a claim can become complicated. If you have suffered grievances because of a negligent government agency, obtain the professional

Categories : Auto Accidents

Tags:

...

By Justin H. King, Esq. | Posted on July 16, 2019

17:05 25 Oct 24

Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.

Savana Martinez

18:30 04 Sep 24

The team at Law Office of Justin King went above and beyond with my case.It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.Thank you to this amazingly firm !

Hate Nine

06:01 04 Sep 24

Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!Google only allows 5 stars, but these guys deserve 10!

Vivian Garcia

01:00 15 Aug 24

I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.

Lisa Perchez

21:53 29 Jul 24

Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.

Leslie S.

18:26 13 Jul 24

I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.