Government Claims

Government Claims Attorney in Torrance, CA

Government Claims

If your personal injury suit involves a claim against a federal, state, or local government entity, or a government employee, you will most likely need to follow strict guidelines in bringing a lawsuit, including the requirement that you file a “notice of claim” within as few as 60 days after your injury. This is because governments and their subdivisions are usually entitled to what is known as “immunity” to liability and lawsuits, meaning that they cannot ordinarily be sued without permission.

Notice of Claim

If you are involved in an accident in which a government agency or employee is involved, you should file a notice of claim as soon as possible, regardless of whether the government’s fault is clear at the time.

The claims process differs from state to state, but the purpose of filing a notice of claim is to make the government aware that you suffered an injury, and to give the agency or entity a chance to respond to your contentions before you may file a lawsuit against the government. Your claim will either be accepted (which is rare) or denied by the government (most common). If your claim is denied, you are then free to file a lawsuit and attempt to hold the government liable through the civil court process. It may help to think of the notice of claim-filing requirement as a prerequisite to any formal civil lawsuit that can later be filed against the government.

For specific information about the requirements and procedure for filing a government-related injury claim in your city or state, call or write to the government agency that was involved in the incident. If you are unsure which branch of government may ultimately be responsible (i.e., city, county, or state), it is always best to err on the side of caution and submit a claim to each agency that may be at fault (to any extent) for causing your injuries.

Don’t Hesitate to Reach Our Firm

For the finest personal injury lawyers in Southern California, look no further than the Law Offices of Michael S. Braun. Whether you’ve been involved in a slip and fall case, or you’re considering legal action against the government, it’s wise to reach an experienced attorney for advice. For over 30 years of experience in dealing with personal injury law in California, choose the team with Michael S. Braun.

Have a premises case question? Give us a call for a free consultation: 310-984-3220

Are cities or governments liable for injuries on public property in California?

In California, cities or governments can be held liable for injuries that occur on public property under certain circumstances. The general rule is that public entities enjoy a certain level of immunity from liability, but there are exceptions that allow individuals to pursue claims for injuries sustained on public property. Here are some key points to consider:

Governmental Immunity: Governmental immunity, also known as sovereign immunity, generally protects public entities, including cities and governments, from being held liable for injuries or damages. This immunity is based on the principle that the government should not be subjected to unlimited liability that could hinder its ability to carry out public functions.
Liability Under the California Tort Claims Act: California has enacted the California Tort Claims Act (CTCA), which outlines the circumstances in which a public entity can be held liable for injuries. The CTCA allows individuals to bring claims against public entities for injuries caused by dangerous conditions of public property.
Dangerous Conditions of Public Property: Under the CTCA, a public entity can be held liable if the injury is caused by a dangerous condition on public property. A dangerous condition generally refers to a physical condition that creates a substantial risk of injury when used with reasonable care. Examples may include poorly maintained sidewalks, inadequate lighting, hazardous road conditions, or other dangerous situations that the public entity had notice of or should have reasonably known about.
Notice Requirement: In order to pursue a claim against a public entity, it is typically necessary to provide the public entity with proper notice within a specified time frame. The notice should include details of the incident, the injuries sustained, and the circumstances surrounding the dangerous condition.
Comparative Fault: It's important to note that California follows a comparative fault system. This means that if the injured party is found partially responsible for their own injuries, their recovery may be reduced based on the percentage of fault attributed to them.

If you’ve been injured on city property due to a dangerous condition call our office to consult with an experienced personal injury attorney who specializes in premises liability or governmental liability cases to assess the specific circumstances of the injury and determine the viability of a claim against a public entity in California. An attorney can provide guidance based on the unique factors of the case and help navigate the complex legal process involved in pursuing a claim against a public entity.

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