If you were injured as a result of the city, county, state, or federal government acting recklessly or negligently then you may have a personal injury case. However, the laws about suing government entities can be complicated and they differ from the rules in place for a typical law suit. Read on to learn more and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you need a free legal consultation.
There is a statute of limitations
One of the most important things to keep in mind is that there is a statute of limitations. Each state has their own and in California it’s generally two years to file a personal injury case against a private party. However, if the government is the defendant then the rules change. Known as the California Tort Claims Act, the statutes vary but generally speaking you should expect to have no more than six months to file your claim.
What qualifies as a government entity?
By government entity we mean a public entity or a public employee. Public entities include the state, Trustees of the California State University, Regents of the University of California, public authorities, public agencies, the county, city, district, etc. A public employee is a person who works for one of the organizations listed above or similar.
Examples of government entities include the L.A. Municipal Bus, police department, jail, Sherriff’s department, etc. It can also mean buildings or properties owned by the city, county, or state, like a county courthouse.
What to do if you’re injured by a government entity or one of their employees
First and foremost, you must get any necessary medical attention. Once you’ve done that, it’s important to know that you only have six months to file a claim if it involves the city, county, or state. This process is a little different than a typical personal injury claim, in that you actually file a “Notice of Claim,” before you file the official personal injury case. If you do not file the notice within six months of the accident then you will be barred from filing a personal injury case at a later time, except in very specific and extraordinary circumstances.
As a result, if you believe that there’s any chance at all that the injury you’ve sustained may become serious or is the fault of the government or one of their employees, then you may want to file a Notice of Claim. You can do this without then going on and filing the official personal injury lawsuit if it ends up not being the right choice.
We recommend having an attorney file a Notice of Claim
Legally speaking, you don’t need an attorney in order to file a Notice of Claim. That said, we highly recommend working with one. At Law Offices of Fernando D. Vargas we can assess your case and make the necessary filings. This is a complicated process that is much more likely to have the result you want if you let experienced attorneys handle it. Contact our offices at 909-982-0707 today.
