6 Things You Should Know If You Want to Sue the Government in California
If you are injured as a result of some governmental action in the State of California, there are certain procedural rules which must be followed or you will lose your rights to sue.
- Whenever you intend to sue a governmental entity or agency you must file a claim within six months of the date of your injury. Most public agency websites will advise you where the claim should be filed.
- If a claim is not filed within six months, your claim will be barred by law.
This rule applies to minors as well. (Although under some limited circumstances, you may obtain relief from the court to file a late claim within one year of the injury).
- The information required in the government claim includes the following:
Examples of the type of entities that this might apply to include the following: Claims against the State of California, e.g. a claim for a dangerous design of a public highway; claims against Cities, e.g. claims that a broken sidewalk which caused an injury; claims against public hospitals for malpractice, e.g. in Alameda County, Highland Hospital and Alameda Hospitals are both public hospitals; bus companies, e.g. in Alameda county, AC Transit is a public bus company; State Agencies, e.g. the Highway Patrol or Cal Trans.
- The name and address of the claimant
- The name and address of the person to whom notices should be sent
- The Date, place, and circumstances of the occurrence
- A description of the injury or damages
- The identity, if known of the public employee responsible
- The amount of the claim