Many people know that in California, anyone injured in an accident has two years from the date of the accident to file a lawsuit. However, sometimes not everyone is ready to file a lawsuit right away. Some people rather wait and hope that they can either resolve the claims themselves or that their injuries heal with time. And if that’s not the case, then eventually they resort to a law firm for help.
However, not everyone knows about the government and federal tort claims. Sometimes injuries occur on government property or involve government employees or agents. A government’s involvement in an incident is not always obvious. Maybe you get injured by a mailman’s negligence, your daughter gets injured at school, your incident occurs on the property of The Presidio in San Francisco, or maybe your incident simply occurs at a dangerous intersection. These are just a few examples of when a government claim would apply.
In these situations, it’s very important to know that there are special filing deadlines that are much shorter than for claims against non-governmental individuals or entities. A government tort claim is a legal claim against a state or local government entity (such as a city, county, school district) and a federal tort claim is a legal claim against the U.S. federal government. If you are injured on state government property or by a state employee, you have six months to open a claim with the state. If your claim is denied, then you can proceed with filing a lawsuit. In federal government cases, you have two years to file a claim with the appropriate administrative agency and if that claim is denied then six months to file a lawsuit. In either situation, you don’t have the leisure to sit around and think about whether to proceed or not.
The process can be complex and often require adherence to strict procedural rules. It’s essential to follow all deadlines closely to preserve your right to seek compensation from the government, otherwise you will lose your right to pursue a legal claim against them.
Oftentimes it’s hard to discern if a government entity is involved, so when in doubt, seek out for legal counsel immediately. Regardless of whether your claim involves the state or federal government make sure to take the right steps to preserve all initial evidence. Take photographs, document everything, make a proper police or incident report, seek the necessary medical attention, and most importantly seek the right legal guidance when you’re ready to proceed with a claim.
Recovering from an accident takes time, but understanding your legal options shouldn't wait. Call Gomerman, Bourn & Associates for a FREE consultation at (888) 855-2505 or email us at info@gobolaw.com.
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