complexities of lawsuits against government entities

In California, bringing a claim against a government entity or agency for tort liability can involve many complexities and intricacies not often found in other types of claims. Under Government Code section 905, a public entity tort liability claim is conditioned upon the proper and timely filing of such claims. If one fails to properly file within the required time limits, the right to recover may forever be lost.

If you have been injured by an employee of a government or public entity, the law requires a claim to be filed against that government agency or entity itself. If you fail to bring a claim against the government agency, you may also be prevented from bringing a claim against that the employee of the government agency. Gov’t Code Section 950.2.

In California, a government agency is liable for injuries caused by an act or failure to act of any employee of that agency who is responsible for or the employees actions fall under that government employees scope of employment. Gov’t Code Section 815.2 Such a theory is called vicarious liability. Under a vicarious liability theory, the employer of a party that commits a tortious act may be liable for that employee’s actions that are considered within the scope of employment or responsibility. In some instances, employers are not liable for the intentional torts of its employees.

Each state has established different statute of limitations. Statute of limitations provides the period of time in which you can bring a suit. It is critical to check states laws to prevent missing important dates for your particular case. By failing to properly file a claim within the statute of limitations can be devastating for your claim as you may forever give up your right to recover.

In California, the statute of limitations to file a suit against the government is six (6) months Cal. Gov’t Code Section 911.2 after the date of the accident. However, it is never a good idea to wait to file your suit until the last minute since errors in filing do often occur. Often times, clerical errors or filing with the wrong department or agency can cause a delay in your suit being filed. Therefore, it is good practice to file your suit immediately after the accident or injury.

After the filing of your claim, the government entity has 45 days after receipt to accept or reject your claim. If your claim has been denied, you have another six months to file a lawsuit against the government entity Cal. Gov’t Code Section 913 and 945.6.

A public entity has a duty to protect the public from particular types of injuries in which it is the entities duty to make safe. A public entity may not discharge its duties to protect the public unless in certain circumstances where it may show that it exercised reasonable care and diligence to correct the danger. Bringing a claim against a government agency or public entity allows each citizen the right to hold accountable the negligent acts or failure to exercise care by the government agencies.

If you or a loved one has been injured as a result of a negligent act or wrongdoing of a government agency, public entity or employee of a government agency or public entity, it is important that you speak with an experienced attorney about your particular case. Since the time in which you may file your claim is very limited, it is important to keep from delaying your claim any further.