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!