When a person is injured due to someone else’s negligence, it sometimes leads to the former suing the latter over damages and losses sustained. There is a procedure for this that needs to be followed to the letter, but what if the actor that caused your injury is a county, city, state, or federal government? If that ever happens with you, then you should know that there are special rules which apply. Specifically, this has to do with the timing of the case and filing a notice with the party that you think is guilty, but let’s deal through the basics first.
Every state enforces its own set time limit within which a lawsuit must be brought against wrongful perpetrators, called a statute of limitations. In California, you have two years to file any injury claim that needs to be brought against a private party, such as, for instance, an insurance company or a negligent driver. If, however, the alleged wrongdoer is a government entity, the limits and procedures differ. The rules governing this, also known as California Tort Claims Act, are given under the government code.
A Government Entityis a public employee or a public entity, as laid out under Code 811.2 of the government code. Examples include L.A. municipal buses, L.A. Sheriff’s Department, jails, police department, and any property or building that is owned by the county, city, or state.
What to Do If You Are Injured By One of These
After getting the needed medical treatment and getting back to a level of physical and mental stability, you need to make sure which government entity caused your injury. Within six months of the accident, you also need to file what is called a “Notice of Claim” with said entity. This, as any personal injury lawyer would tell you, is because the latter are entitled to receiving some notice that a suit is being brought against them. Most such claims get denied outright if the six-month period is passed. That means it is best to file even when you are not sure that the specific entity is in fact the one that caused your injury.
Getting an attorney to fight your slip and fall case can be essential to getting adequate and even better representation when the matter enters a settlement meeting or a courtroom. An experienced slip and fall lawyer would be better able to leverage the evidence you have against the perpetrator, and make sure that you walk away with the maximum compensation that you are able to win legally.