If you must have your day in court, make it a good day

How can I file a lawsuit against a public entity?

On Behalf of | Aug 25, 2017 | Car Accidents |

Maybe you slipped and fell on a patch of icy stairs outside of city hall. Perhaps you were in a car accident where the at-fault party was driving a county truck while working. If the city or the county refused to pay for your medical expenses and other damages, can you file a lawsuit against either entity?

In California, you must abide by the California Tort Claims Act in order to sue a public entity. This legislation states that any lawsuit for monetary damages must be preceded by a written claim within six months of the incident/accident date.

There are a number of reasons why someone might choose to sue the government. These include the government being responsible for a personal injury, death or property damage. The injury suffered is referred to as a “tort.” The injured person is referred to as the “claimant.”

The claim must be filed with the governing clerk or board for claims against a local government employee or entity or against a county. To file a claim against a state agency the state itself or an employee with the State Board of Control (SBC) by mailing or delivering it to a local SBC office.

The claim must include:

  • Your name and address
  • The place and date where the incident happened
  • What the circumstances of the incident are
  • The name of any employees that caused the injury or damage
  • A description of the injury, loss or damage
  • The dollar amount of the claim and how you arrived at that amount. If the amount is more than $10,000, you won’t put a specific amount on the form.

The board has 45 days to allow or reject your claim. Should the claim be rejected, then you would have six months to file a lawsuit against the local, county or state entity or agency.

Just because there is more to do when filing a lawsuit against a governmental entity does not mean you should avoid doing so. An attorney experienced in such claims can be very helpful and ensure your are aware of your legal options.

Source: disabilityrightsca.org, “Filing Claims against the Government under the California Tort Claims Act,” accessed Aug. 25, 2017

Archives

See What Other Clients Say

Testimonial Arrow

He actually persuaded me not to settle because he believed that we had a great case. So we took the case to trial and he fought like crazy for me. And we won! It was a really good experience —well, as much as it can be for a lawsuit — and I’m very happy I went with them. I’ve been really blessed to have him as my attorney, so I recommend him whenever I can.”

— Yelp.com review by Daniel M.

See What Other Clients Say

Testimonial Arrow

He actually persuaded me not to settle because he believed that we had a great case. So we took the case to trial and he fought like crazy for me. And we won! It was a really good experience —well, as much as it can be for a lawsuit — and I’m very happy I went with them. I’ve been really blessed to have him as my attorney, so I recommend him whenever I can.”

— Yelp.com review by Daniel M.

See What Other Clients Say

Testimonial Arrow

He actually persuaded me not to settle because he believed that we had a great case. So we took the case to trial and he fought like crazy for me. And we won! It was a really good experience —well, as much as it can be for a lawsuit — and I’m very happy I went with them. I’ve been really blessed to have him as my attorney, so I recommend him whenever I can.”

— Yelp.com review by Daniel M.

FindLaw Network