Victim of a public entity accident?

A public entity is any federal, state, or local government body. The term is broadly defined and includes government corporations, agencies, authorities, and judicial officers. If you are injured on local or federal government property, or by a government entity, or even a public employee acting within the scope of employment, you may be able to file a claim, depending on the facts and applicable immunities. Common cases involve injuries sustained due to poorly maintained roadways, a slip and fall on government-owned property, or a collision with a city vehicle.

Civil lawsuits operate differently when you are dealing with a public entity rather than a private entity. There are several legal issues unique to claims involving public entities, including immunities, statute of limitations, restrictions on legal theories, and specific procedural and pleading rules.

In order to properly handle these issues, your personal injury lawyer should be well versed on ‘The Tort Claims Act’ or ‘Government Claims Act’, which addresses filing claims against a government entity. The Tort Claims Act is found in Division 3.6 of the Government Code, Govt. Code § 810 et seq. These requirements can be complex.

A city, county, or state entity, whether individual or group, may be subject to claims under certain legal theories for damages arising from tort claims. Negligence, nuisance, fraud, assault, battery, and defamation claims may be permitted in certain circumstances. For example, one could sue under a theory of negligence if injured because of a dangerous condition on a state highway, an act/omission on the part of a local official, or even an organization’s failure to properly sign or warn of a hazardous area.

If you open a claim that seeks money or damages, you must first file a proper Administrative Claim under the Government Claims Act. This gives the governmental entity an opportunity to settle just claims before your suit is brought, permits a preliminary investigation of the facts, allows the entity to defend against unjust claims, and permits the entity to correct the conditions or practices that gave rise to the claim.

As you can see, filing a claim against a public entity can get pretty complicated. Government claims law includes strict procedural requirements. If steps are overlooked, or your paperwork is out of order or deadlines are missed, your ability to pursue compensation may be affected. When dealing with these types of claims, you may want to seek the counsel of an experienced personal injury attorney.

Claims involving causes of action for death, injury to person, injury to personal property, and injury to growing crops are generally required to be filed within six months after a cause of action accrues.

This means that personal injury claims involving a public entity are very time-sensitive, and the process must follow statutory requirements. Everything still needs to be done by the book, but there is far less time to do so compared to most personal injury claims. Having an attorney may help manage procedural requirements.

If you fail to submit your claim within the specified time limit, your case may be dismissed, which is why meeting California’s filing deadline is important to preserving your legal rights. Because deadlines are short, speaking with an attorney early may be helpful.