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Filing Claims Against Public Entity

In certain instances, a Public Entity may be the cause of your injuries. For example, you may have been involved in an automobile accident in which the party at fault was a police officer or vehicle owned and operated by a Government Entity. In such an instance, an injured party must file a written notice with the public entity deemed to be liable (California Government Code 911.2 (a) Government claims dealing with causes of actions for wrongful death and personal injury) within six (6) months of the date of injury. Government claims dealing with causes of actions other than wrongful death and personal injury, the injured party must file written notice with the Government Entity deemed liable within one (1) year of the date the cause of action accrued.

The notice must contain the following to be in compliance: Your name and address; the date and place of the incident; a description of the circumstances as to why the Government Entity should be held liable; and a reasonable calculation of the damages you seek. Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6.

Once the Government Entity is in receipt of your notice, they have 45 days from the receipt to either deny and accept your claim See Government Code Section 912.4. If the Government Entity denies your claim, then you must file the lawsuit within six (6) months of the from the date of service. See Government Code Section 945.6(a)(1). In the event the Government Entity does not respond to your written notice within 45 days, then you may presume that you claim was rejected and in this instances, you have two (2) years from the date of incident to file a lawsuit. See Government Code Section 945.6(a)(2).

Filing complaints against Government Entities is a complex and multipart process. If you do not have the experience there is a high risk that your claim will be denied and even dismissed for lack of timely prosecution. It is always recommended that you consult an attorney prior to proceeding with filing such claims. The attorneys at Serendib Law Firm APC are experienced and are well qualified to assist you in protecting your claims and rights against Government Entities. Call us for a free consultation and we will guide you through this complex and multipart process to ensure the results you deserve!

Client Reviews
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"Integrity, competency, and compassion! Dimuth Amaratunga has represented me and counseled me in several matters over the last several years, and each time, I have benefited tremendously from his knowledge, his wisdom and his empathy. He is without a doubt an authority in employment law and personal injury. But most importantly, he has compassion and truly focused on getting the best result for his clients. I am a practicing attorney and I wholeheartedly recommend him and his firm!" David J.
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"Back in 2017 I had a bad situation happened at work in LA county. I did not know my rights or what to do. I have nothing but good things to say about the Serendib Law Firm. I worked mainly with Maya L. Serkova. She was always on top of things and replied to all my emails and calls promptly. I was taken care of and couldn't have asked for a better team to have covered my case! I was very impressed with the work ethic. The whole ordeal was very stressful, however, Ms. Serkova helped me navigate the process while responding to my goals. She was wonderful and I was very satisfied with the outcome." Lana D.
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Maya L. Serkova is an excellent attorney who really takes care of her clients in employment litigation matters. Ms. Serkova is very knowledgeable, detail oriented, and above all, she delivers the results. She is dedicated to clients' need in each and every case she takes. Ms. Serkova is a strategic litigator and effective negotiator. Her staff is very polite, pleasant and attentive. She always returns phone calls at her earliest convenience and provides updates about a case in a timely manner. It was a real pleasure working with Ms. Serkova. I recommend her as an outstanding Plaintiff's Employment Law Attorney. Anna P.