Government and Public Entity Lawsuits
A “public entity” is any government, in North County San Diego or elsewhere, that includes your local city, school, state, or any publicly funded agency affiliated with those governments. Before pursuing a lawsuit against a public entity in California, an injured party is required to submit an administrative claim known as a “government tort claim.” Filing this claim is required by the California Tort Claims Act (CTCA), and serves to notify the public entity about the claim. This law applies if you are suing any type of public agency, whether at the state, county, or local level, or a government employee acting in their official capacity. Our North County government claim attorneys can help in this process.
Why Is Filing a Government Claim Necessary?
The purpose of the CTCA is to ensure that public entities are given proper notice and a chance to investigate the claim (which they rarely do). It also allows them to either address the issue that caused the injury or prepare their defense. In reality, it simply acts to give them a head start on the defense of the prospective case.
Examples of Claims Requiring a Government Claim
- Car accidents involving a city or school district vehicle
- Negligence claims against a school district
- Dangerous conditions on public property, such has a trip hazard at a local park.
- Hazardous roadways or intersections
- Accidents involving school buses, trains, or public transit
- School-related injuries, including those from sexual assault or neglect by a staff member
- Burn injuries or harm from poorly maintained government assets
- Intentional torts like assault or battery committed by a public employee
Time Limits for Filing Claims
The deadlines for submitting a government claim in California are generally much shorter than standard statutes of limitations for other personal injury or property damage cases. According to the California Tort Claims Act, these are the primary deadlines:
- Personal Injury: 6 months from the incident date.
- Property Damage: 6 months from the incident date.
- Wrongful Death: 6 months from the incident date.
Failure to adhere to these timelines will jeopardize your rights to bring a case and may permanently bar you from pursuing your claim.
Contact North County Injury Lawyers to Pursue Your Government Claim
If you were injured due to the negligence of a government entity, you might be eligible for several types of compensation, provided you comply with CTCA procedures. An experienced attorney at North County Injury Lawyers can help you seek:
Medical Expenses: You may recover costs for both past and future medical treatment. Evaluating long-term medical needs is crucial to ensure full compensation.
Lost Wages: Compensation for missed work, future time off, and potential loss of future earnings due to your injuries may be recoverable.
Pain and Suffering: Compensation for physical pain, emotional distress, anxiety, humiliation, inconvenience, disfigurement, and other non-economic damages.
Property Damage: If your vehicle or other personal property was damaged, you may be entitled to reimbursement.
It is important to note that punitive damages, which are intended to punish the defendant, are typically not available in lawsuits against public entities.
Contact North County Injury Lawyers Today
If you or someone you care about has suffered an injury, and you believe a government or public entity may be responsible, the experienced attorneys at North County Injury Lawyers are here to assist. With extensive experience navigating the nuances of government claims, our team can guide you through every step of the process. Given the strict timing and administrative requirements, don’t wait to get in touch with North County Injury Lawyers for skilled representation.