LOS ANGELES DUI &
ACCIDENT LAWYER ™
ACCIDENT LAWYER ™
A Toll Free Service Dedicated to
Helping California Consumers Find
Qualified Lawyers for Torts and
Crimes.
888-400-5776
Helping California Consumers Find
Qualified Lawyers for Torts and
Crimes.
888-400-5776
Government Claim
Main Office:
633 W. Fifth St.,
Los Angeles, CA 90071
633 W. Fifth St.,
Los Angeles, CA 90071
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Motorcycle Accidents
The state of California has certain laws
when it comes to bringing a lawsuit
against the state, county or local
government this also includes government
employees.
The main law to this is a before a suit is
filed a Tort Claim must be filed and it
must meet all of the California Tort
Claims Act. This claim must be filed
within six months when a suit is being filed
against a government body.
To file a suit such as this it takes an
attorney who understands Tort laws and
the requirements that must be adhered to
in order for it to be filed properly. This
type of attorney is usually a personal
injury attorney who specializes in Torts.
Other information about filing a claim
against one of these entities:
Q. Why would a claim be necessary?
when it comes to bringing a lawsuit
against the state, county or local
government this also includes government
employees.
The main law to this is a before a suit is
filed a Tort Claim must be filed and it
must meet all of the California Tort
Claims Act. This claim must be filed
within six months when a suit is being filed
against a government body.
To file a suit such as this it takes an
attorney who understands Tort laws and
the requirements that must be adhered to
in order for it to be filed properly. This
type of attorney is usually a personal
injury attorney who specializes in Torts.
Other information about filing a claim
against one of these entities:
Q. Why would a claim be necessary?
A. When you have been injured and the government is at fault, the plaintiff is
the one who will file the tort and they are referred to as the claimant.
Q. Who qualifies to file a claim?
A. Anyone who has been injured can file a claim against a government body
for their self and for another person.
Q. How are these type of claims filed?
A. A claim of this type can be filed against a county or local government body or
their employee with their governing board or its clerk. The claim can be filed in
person, or by mail and according to a code, Government Code Section 915(a), the
date that the claim is delivered is the date of filing. When the claim is mailed the
filing date is the date that it was mailed, not the date that it is received.
When mailing the claim it should be mailed certified, receipt requested, this means
that when it is received the claim must be signed for and the receipt will be sent
back to the person who mailed the claim.
Some of these government offices have their own forms that they prefer be used
and they have to be contacted to obtain the form. However, it is not mandatory to
use their form as long as all the information is included in the claim.
Q. What is the time allowed for a claim?
A. There are strict amounts of time set forth in the California Tort Claims Act to
file a claim against a government agency or employee. The time limit that is in place
for filing is six months from the date of the injury and this also includes wrongful
death, along with personal injury and personal property damage.
Q. What if the claim is over the time limit?
A. If the claim is over the six month time limit for filing a personal injury case, the
laws have two ways of dealing with late filing. The claim must be accompanied
with an application of late filing and the filing must be within one year of the date of
the injury.
The Government Code 911 (b) deals with late filing and is termed reasonableness
for the delay in filing and is to be determined on a case-by-case basis. According to
this code any delay, even a delay that is short in duration can be considered
unreasonable. It is of the utmost importance to apply for the late claim as soon as
possible.
Q. What can be expected once a claim is filed?
A. Once a claim is filed there is a forty-five day limit in which to respond to the
claim to allow it or to reject the claim, this can be a part of the claim or the entire
claim. On the forty-fifth day it is treated as if it had been rejected and this is
Government Code 912.6 (a) and 912.4 (c).
If the claim is rejected suing the government agency is the next step and this is one
of the reasons why a personal injury attorney who specializes in torts is the wise
choice. If you need a government claim expert, contact 888-400-5776 toll free.
the one who will file the tort and they are referred to as the claimant.
Q. Who qualifies to file a claim?
A. Anyone who has been injured can file a claim against a government body
for their self and for another person.
Q. How are these type of claims filed?
A. A claim of this type can be filed against a county or local government body or
their employee with their governing board or its clerk. The claim can be filed in
person, or by mail and according to a code, Government Code Section 915(a), the
date that the claim is delivered is the date of filing. When the claim is mailed the
filing date is the date that it was mailed, not the date that it is received.
When mailing the claim it should be mailed certified, receipt requested, this means
that when it is received the claim must be signed for and the receipt will be sent
back to the person who mailed the claim.
Some of these government offices have their own forms that they prefer be used
and they have to be contacted to obtain the form. However, it is not mandatory to
use their form as long as all the information is included in the claim.
Q. What is the time allowed for a claim?
A. There are strict amounts of time set forth in the California Tort Claims Act to
file a claim against a government agency or employee. The time limit that is in place
for filing is six months from the date of the injury and this also includes wrongful
death, along with personal injury and personal property damage.
Q. What if the claim is over the time limit?
A. If the claim is over the six month time limit for filing a personal injury case, the
laws have two ways of dealing with late filing. The claim must be accompanied
with an application of late filing and the filing must be within one year of the date of
the injury.
The Government Code 911 (b) deals with late filing and is termed reasonableness
for the delay in filing and is to be determined on a case-by-case basis. According to
this code any delay, even a delay that is short in duration can be considered
unreasonable. It is of the utmost importance to apply for the late claim as soon as
possible.
Q. What can be expected once a claim is filed?
A. Once a claim is filed there is a forty-five day limit in which to respond to the
claim to allow it or to reject the claim, this can be a part of the claim or the entire
claim. On the forty-fifth day it is treated as if it had been rejected and this is
Government Code 912.6 (a) and 912.4 (c).
If the claim is rejected suing the government agency is the next step and this is one
of the reasons why a personal injury attorney who specializes in torts is the wise
choice. If you need a government claim expert, contact 888-400-5776 toll free.
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