How Long Do I Have to File a Government Claim in California?

Sustaining an injury because of another person’s negligence can be incredibly upsetting. However, if the entity responsible is the government, it can be even more frustrating. It is imperative to understand that filing a lawsuit for the injuries you have endured against the government is much different than suing a private citizen or company. Something you may not be familiar with is the requirements to file a claim against the government. The following blog explores what you should know about these matters, including how long you have to file this claim, and why it is in your best interest to connect with our Irvine personal injury lawyers to discuss your legal options.

What Is a Government Claim?

The federal government has granted itself sovereign immunity, which means that it cannot be sued without the consent of the government. However, by establishing the Federal Tort Claims Act, the government has waived the right in instances where its actions result in injury and damages to another person. California has a similar law, the California Tort Claims Act, which allows citizens to sue government agencies.

If you wish to file a lawsuit against a government agency, you must first file a claim. Essentially, this claim informs the entity that you are planning on pursuing a lawsuit for the damages you suffered as a result of negligence.

The information you must provide in your notice varies depending on the state and whether it is a federal claim. Furthermore, there may or may not be a specific form that you must complete in order to file your claim. This area becomes tricky and you are very limited on time to file the claim, so it is important to have an attorney assist to ensure you do not lose your ability to pursue a claim.

What Is the Statute of Limitations to File?

Unfortunately, many people are unaware that filing a claim against the government is different than filing a claim against a private citizen. In fact, in California, injured parties only have six months to submit a claim to the appropriate agency if they wish to pursue a lawsuit. Generally, once you pass this six month limit, it is very unlikely you will be able to pursue a claim.

Ultimately, filing a claim against a government agency can be intimidating. This is why having an experienced personal injury law firm to represent you is vital. At California Personal Injury Law Firm, APC, we believe those injured due to the negligence of others should fight for the compensation they deserve, regardless of who is responsible.

If you need help, please do not hesitate to contact our seasoned legal team for a free initial consultation today.