How Do I File a Lawsuit Against a Government Entity in California?

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How Do I File a Lawsuit Against a Government Entity in California?

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When you sustain an injury due to another party’s negligence, you may have no hesitation about filing a lawsuit. However, when that negligent party is a government entity, like a municipality or the state of California, you may not know how to proceed. Luckily, you can hold these entities responsible to receive the compensation you deserve. The following blog explores what you must know and how a Sacramento personal injury lawyer can assist you through this process.

Is It Possible to File a Lawsuit Against a Government Entity?

Many states have what’s known as “sovereign immunity,” which essentially means they cannot be sued. However, the California Tort Claims Act has made it so government entities can be held liable when they are responsible for injuries. It is important to note there are limitations about what claims you can file.

Generally, most personal injury accidents, such as car crashes caused by city employees or slip-and-falls on government property, can be pursued. This means the injuries you sustain must be caused by a government employee acting within the scope of their job duties when the incident occurred.

However, if you are injured because a government entity did not enforce a law or the California National Guard is responsible for the accident, the government cannot be held liable for the injuries you’ve suffered.

How Should I Proceed if I’m Hurt on Municipal Property?

If injured due to the negligence of a government entity, it’s important to proceed carefully. Before you can file a lawsuit, you must file a Notice of Claim. This essentially informs the government that you intend to sue them. In this notice, you must include information about your injuries, such as where, when, and how they happened, as well as the severity. If your damages are less than $10,000, you must indicate how much you are seeking. You only have six months to file this claim, so it’s critical to take action as soon as possible. If your claim is approved, you will receive compensation. If it is denied, you can proceed to court, as you will have an additional six months to file a lawsuit in court.

It is in your best interest to connect with an experienced attorney if injured due to the negligence of a state or city employee. Unfortunately, these cases can be complex to navigate. As such, an experienced attorney can help you recover the compensation you deserve when you suffer injuries.

At the Law Offices of Dale R. Gomes, we understand how complex any personal injury case can be. However, when you are injured by a government entity, there are additional complications and regulations you must take into consideration. As such, we are ready to help. Our dedicated team will do everything possible to help you through these uncertain circumstances to fight for the compensation you deserve. Contact us today to learn more.