888-341-3071
495+If a government entity caused your injury in California, you usually cannot simply sue within the normal two-year window. You must first present a written claim to the correct public entity within six months of the incident. Only after it’s rejected can you file suit, and that deadline is short, too. Miss the six-month presentation deadline, and your case can end before it ever starts.
Getting hurt because a city vehicle ran a light, a public road was left in a dangerous state, or a hazard sat unfixed on government property is stressful enough. Then you learn that the rules for holding the government accountable are completely different from a normal injury case. Our Riverside personal injury lawyers handle these claims throughout Riverside, and we want you to understand what’s at stake, because the clock is already running.
In this article, we discuss:
– How long you have to file a claim against a government entity
– When the California Government Claims Act applies
– Which entity to file with, and what your claim must include
– What happens after your claim is rejected
– How immunities and comparative fault affect your case
How Long Do You Have to File a Claim Under the California Government Claims Act?
You generally have just six months from the date of your injury to present a written claim to the government entity, not the two years you’d have in a standard case. Under the California Government Claims Act, sometimes called the Government Tort Claims Act, a claim relating to a cause of action for death or injury to a person shall be presented not later than six months after the accrual of the cause of action.
By comparison, California law normally allows two years for an action for injury to, or for the death of, an individual caused by the wrongful act or neglect of another. This six-month rule is the single most important thing to know, and it’s why getting our attorneys involved quickly matters far more here than in a typical claim.
If you miss the six-month deadline, you may be able to request permission from the public entity to file a late claim. However, you generally have to do this within one year of the incident and explain the reason for the delay, and late claims are not always approved.
To ensure your personal injury claim is filed on time, call our Riverside office at 888-341-3071 for a free consultation and speak with a legal representative as soon as possible.
When Does the California Government Claims Act Apply?
The Act applies whenever a public entity or one of its employees causes your injury. Common examples include:
- Injuries on government property, such as a park or public building
- Accidents involving a city or county vehicle
- A dangerous condition of public property, such as a broken sidewalk, an unsafe roadway, or a hazard in a public building
- Injuries on public transit, such as a bus or train
- Claims against a school district or a public hospital
In Riverside, the responsible party might be the City of Riverside, the County of Riverside, a transit agency, or a school district.
What Counts as a Dangerous Condition of Public Property?
For a dangerous-condition claim, you generally have to show more than that you were hurt. You have to demonstrate that the property was in a dangerous condition that created a foreseeable risk of the kind of injury that happened, that the condition caused your injury, and that a public employee either created it or the entity knew, or should have known, about it in time to take protective measures.
Which Entity Do You File With, and What Must Your Claim Include?
You must present your claim to the specific public entity responsible, and identifying the correct one is critical. File against the wrong agency, and you can burn through your six-month window with nothing to show for it. When more than one entity may be involved, sorting out who’s responsible is one of the first things our team does.
Your claim also has to include certain details. Under California law, it must show the claimant’s name and mailing address, the address for notices, the date, place, and circumstances of the occurrence, a general description of the injury, the names of the public employees who caused it if known, and the amount claimed if it totals less than $10, 000.
What Happens After the Government Rejects Your Claim?
Once the entity rejects your claim, a short deadline to file a lawsuit begins. The board must act on a claim within 45 days; if it fails to do so, the claim is deemed rejected on the last day of that period. From there, if written notice of rejection is given, you have not later than six months after that notice is delivered or mailed to file suit; if written notice is not given, you generally have two years from the accrual of the cause of action.
These cases are also challenging because public entities have legal immunities that can limit or bar certain claims. Additionally, California follows a pure comparative negligence rule, allowing for partial financial recovery, even when the claimant shares fault for an accident.
Consequently, a government entity and its insurer will often look for reasons to minimize or deny your claim, whether by disputing your injuries or exploiting your share of fault. Our experienced legal team anticipates such tactics to ensure a fair claims process and uphold the full extent of liability on the other party.
Frequently Asked Questions About Government Injury Claims in Riverside
How long do I have to file a claim against a government entity?
You generally have six months from the date of your injury to present a written claim to the correct public entity. That’s much shorter than the standard two-year deadline for most California injury cases, so it’s important to act quickly.
What if I already missed the six-month deadline?
You may be able to file a written application for leave to present a late claim, generally within one year of the incident. You’ll need a valid reason for the delay, and approval isn’t guaranteed, so contact our team as soon as possible.
Can I still recover if I was partly at fault?
Yes. California uses pure comparative negligence, so you can recover even if you were mostly at fault. Your percentage of fault simply reduces your compensation.
How much does it cost to hire The JLF Firm?
Your consultation is free. We work on a contingency fee basis, so you don’t pay attorney fees unless we recover compensation for you.
Talk to Our Riverside Team Before the Deadline Passes
Claims against the government move on a much tighter timeline than regular injury cases, and one missed deadline can cost you everything. You don’t have to figure this out alone. Founded by Jeff Fayngor, The JLF Firm stands up to big institutions and their insurers when they try to underpay injured individuals. With offices in Riverside, Downey, Pomona, San Bernardino, and El Monte, scheduling a free consultation is convenient and easy. When you’ve been injured, you need a pro. Call our Riverside office at 888-341-3071 today.
