If you were injured in Culver City because of a city bus, a government employee’s driving, or a dangerous road or sidewalk, you may be able to recover compensation from a public entity. However, California requires you to file a formal government claim, usually within six months of the injury, before you can file a lawsuit. Missing that deadline can end your case before it starts. Here is what Culver City residents and visitors should know.
What Is a Government Claim in California?
A government claim is a written notice filed with a city, county, state agency, or other public entity that describes your injury and the compensation you are seeking. Under the California Government Claims Act, you generally cannot sue a public entity for personal injury until you have first presented this claim and the agency has had a chance to respond.
The claim must include specific information, such as:
- Your name and contact information
- The date, location, and circumstances of the incident
- A general description of your injuries and losses
- The name of any public employee involved, if known
- The amount of compensation you are requesting, or a statement about whether the case falls within limited civil jurisdiction
How Long Do You Have to File a Government Claim?
For personal injury and wrongful death cases, the claim must generally be filed within six months of the incident. That is far shorter than the two-year statute of limitations that applies to most injury claims against private parties.
Once the claim is filed, the public entity typically has 45 days to accept or reject it. If the claim is rejected in writing, you usually have six months from the date of that notice to file a lawsuit. If you miss the six-month filing window, you may be able to apply for permission to file a late claim within one year, but approval is not guaranteed.
What Kinds of Injuries Lead to Claims Against Public Entities?
Government claims can arise from many everyday situations in and around Culver City, including:
- Collisions involving city buses, police vehicles, or other government-owned vehicles
- Pedestrian or bicycle injuries caused by broken traffic signals or missing signage
- Trip-and-fall injuries on cracked or uneven public sidewalks
- Car or motorcycle crashes caused by potholes or poorly maintained roadways
- Injuries in public parks, libraries, or other government-owned property
In cases involving a dangerous condition of public property, you generally must show that the condition created a substantial risk of injury and that the agency knew, or should have known, about the problem in time to fix it. You can learn more on our governmental claims page.
Why Are Claims Against the Government More Difficult?
Public entities have legal protections that private defendants do not. Certain government decisions are immune from liability, and agencies often have dedicated legal teams reviewing every claim. Small errors on the claim form, such as listing the wrong agency or leaving out key details, can be used to challenge your case.
Determining which agency is responsible can also be confusing. A single intersection may involve city streets, county infrastructure, and state-maintained signals. Filing with the wrong entity can cost you valuable time.
What Should You Do After an Injury Involving a Public Entity?
To protect your rights, take these steps as soon as possible:
- Seek medical care and keep records of every visit
- Photograph the scene, including the road defect, vehicle, or hazard
- Get contact information for witnesses
- Save receipts, pay stubs, and other proof of financial losses
- Speak with an attorney before the six-month deadline approaches
If your injury involved a crash, our car accident and pedestrian accident pages explain more about the compensation that may be available.
Talk to a Culver City Personal Injury Attorney Today
Government claims move quickly, and the deadlines are strict. At Law Offices of Michael A. Kahn, our experienced personal injury attorneys can identify the correct agency, prepare and file your claim, and fight for the full compensation you deserve. You will also have a dedicated case manager to guide you through every step. We never charge a fee unless we recover money for you. Call (310) 209-1600 today to schedule your free consultation.
