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Filing a personal injury claim against a governmental entity

On Behalf of | Aug 23, 2022 | Personal Injury

Some personal injury claims are straightforward. However, if you’re planning to file one against a California governmental entity, there are special requirements.

What is the statute of limitations for claims against the government?

If you are filing a personal injury claim against a governmental entity in California, you must do so within the proper period of time. This is known as the statute of limitations. This amount of time is shorter than when a claim is filed against an individual. You have six months from the date of the accident or from the date your injury became known.

How is a notice of claim completed?

California requires individuals who plan on filing a personal injury claim against a government entity to first file a notice of claim. This is a document that gives the government agency or employee notice that legal action is about to be taken against them. The notice of claim must go to the proper agency or employee, so it’s important to be thorough in determining the municipality where the accident resulting in your injuries took place.

Your notice of claim must be completed on a specific form depending on the government agency responsible for your personal injury.

After the notice of claim is given, the government entity has the opportunity to respond and either accept or deny your claim. If the notice is accepted, you can proceed with your personal injury claim. However, if it is denied, you can instead file a personal injury lawsuit against the government agency or employee at fault.

Normally, you will receive a response to your notice of claim within 45 days of filing it. In most cases, an acceptance of a notice of claim is rare, which is why most injury claims against the government involve a lawsuit.