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
If you or someone you know was injured as a result of a government agency, filing a lawsuit against the agency can be a complicated and complex process. Consider seeking the legal expertise of a proficient attorney who can help you through the process.
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.
Seeking Compensation From a Government Agency
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.
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.
Obtain the Legal Support of An Expert Attorney
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.
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