What You Should Know About Filing an Injury Lawsuit Against the Government in California
Government premises liability lawsuits are filed all the time by individuals who sustained injuries while on government property. Common types of government premises liability lawsuits include injuries incurred from unmaintained sidewalks, obstructions in the roadway, and non-operational traffic signals.
If you sustained injuries while on government property, discuss your case with a premises liability attorney in Sacramento, CA. Your lawyer understands the unique demands that this type of lawsuit presents and can advise you accordingly.
You may find the information below to be helpful during the claims process:
Is the Government Immune From Personal Injury Lawsuits?
Filing a lawsuit under this cause of action has its limits. In the past, civic entities claimed protection under “sovereign immunity,” which establishes immunity of government agencies from injury lawsuit liability.
Fortunately (for the general public), Federal and state governments have evolved. Protection under sovereign immunity now applies to rare circumstances. The California Tort Claims Act (CTCA) legislates how governmental premises liabilities are triable in a court-of-law.
When the CTCA Allows You to File a Claim
You can file a claim for injury, property damage, or wrongful death under the CTCA if:
- A public employee caused the accident;
- Within the scope of his or her employment; and
- Negligence triggered the accident; and
- The claim is valid in civil court.
For more clarification, the fourth item in the preceding list applies to cases that are triable in civil court. If you cannot sue a private citizen for the same reason, then the CTCA will not cover it, either.
How Long do I Have to File an Injury Lawsuit Against the Government?
You have to submit a claim within two years with the agency accountable for your injuries. At this stage, it is an administrative claim. Keep in mind that you should file your action as soon as possible to make sure it does not get rejected for being past the statute of limitations.
Speak to a Government Premises Liability Lawyer
As you can see, filing a claim against the government for injury is not simple or easy. It requires time, attention to detail, knowledge of government premises liability laws, and a ton of patience. One misstep during the filing procedure could result in a legal denial of all claims.
Do not leave your claim to chance. Discussing your case with an attorney can shed some light on what the outcome of your case might be and which steps to take next. Plus, having a legal professional on your side in the courtroom is reassuring.
Call a Government Premises Liability Lawyer in Sacramento, CA
You did not deserve to sustain injuries when you reasonably expected to be safe. Our government premises liability lawyers in Sacramento, CA pursue claims on behalf of injury victims throughout the state. You can schedule a free consultation with our team today by phone at (844) 335-3271 or by sending us a short message through our request form.
Posted in: Personal Injury