What Is Required To Sue A Government Entity In CA

By Law Offices | Felicia Yates & Associates

This is Part Two in a series of blog articles on California Personal Injury (PI) law.

The California Tort Claims Act (CTCA) outlines the steps an injured party - and their attorney - must follow, in order to successfully bring a PI claim against any public or governmental entity in the State of California.

The CTCA requires that you give notice to a government entity within a set period of time, or you may waive your right to pursue money damages. In CTCA claims involving personal injury, personal property damage, or wrongful death, proper notice of a claim must be filed with that government entity within six (6) months of the date of your injury or accident.

There are some exceptions to the above time limitation for filing your tort claim with the respective government entity. Your chances of successfully filing a late claim will be greatly increased, with the assistance of a competent personal injury attorney. Here are the only valid reasons for filing a government claim after the six (6) month deadline:

• Mistake, inadvertence, surprise or excusable neglect;
• Minority (claimant was a minor under the age of 18 during the entire six-month period);
• Mental or physical incapacity; or
• Death of a claimant;

The CTCA generally limits the circumstances under which a state, county, and local government agency or department, including city or municipality agencies, can be held liable for a person's injuries. For example, the State of California can be held responsible when a government agency, such as CalTrans, has actual or constructive notice of the existence of a dangerous condition (such as a poorly designed highway or a damaged bridge), and chooses not to make alterations or repairs in a timely enough manner. The state can also be held liable when a government employee acts negligently (carelessly) and causes harm or injury to another person. For example, a CHP officer in a patrol car maneuvers his vehicle in a highly questionable and unsafe manner, and causes a high speed crash on a busy freeway system, while pursuing a fleeing suspect. This is known as vicarious liability for the act(s) of the government employee. Vicarious liability can also extend to a government entity, through the negligent act(s) of an independent contractor carrying out an assignment, duty, or other function on behalf of the government.

If you are seeking money damages from the government for a civil wrong, the types of cases that may be allowed to proceed under the CTCA can include the following: Car accidents; Bus accidents; Burn injuries; Slip and fall accidents; Medical negligence; Nuisance; Sports injuries at school; Breach of contract; Assault & battery; and even lawsuits against teachers and school districts in California.

Once your claim is filed, the government entity has forty-five (45) days in which to respond. If your claim is rejected by the government, you are now allowed to file a lawsuit in state court. The first step is to file a petition with the Superior Court asking to be relieved from the claims requirement. You have six (6) months to file the petition with the court, if your original claim was rejected in whole or in part by the government entity by a formal notice from that entity. If the original claim was rejected because the government entity failed to respond to the notice, the time in which to file the petition is two (2) years from the date of rejection.

Once your petition is granted by the Superior Court, you only have thirty (30) days to file a lawsuit - which is why it is best to have an experienced personal injury attorney in the picture as early as possible, so that a civil Complaint can be prepared ahead of time in anticipation of being allowed to pursue your claims against the government entity in a court of law.

Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent PI attorney to determine your best course of action. Our office has expertise in this area of the law, and we encourage you to reach out for a free consultation. Attorney Felicia Yates has been practicing law for over 35 years in California and may be contacted at (702) 817-4661, via e-mail at attorneyfeliciayates@gmail.com, or via website at https://www.attyfeliciayates.com.