Most people know that there the statute of limitations limits when you can file a personal injury case, but most don’t know that filing a personal injury claim against the government has its own set of rules. In fact, many people don’t even know they can do it.
The reality is that it’s certainly possible to be injured on government property, or by an employee of the government, and it’s certainly possible that a government agency was negligent in your injury. If that’s the case, then you may be able to file a civil lawsuit to make up for financial damages. If this describes you, then we urge you to read on and then call (310) 209-1600 to reach Law Offices of Michael A. Kahn for a free consultation.
In most cases you only have six months to file your case
Under almost all circumstances, you must file a personal injury claim within six months of the date you were injured. However, if you didn’t know immediately that you’d been injured, then it’s possible for that clock to begin not at the time of injury but at the time you learned of the injury. For example, if you were in a car accident with a state-run bus, and you didn’t find out until five months after that you’d injured your neck, then you’d have a total of 11 months to file your case.
You may be able to get around this six-month rule but it’s rare
There are a few instances in which you can get an exception to this six-month rule by filing an application for a late filing. In this filing, we will basically ask the government to forgive the fact that you’re late. There are only four reasons we can give:
- You made a mistake;
- You were physically or mentally incapacitated;
- You were a minor for the entirety of the six months that followed your injury;
- There was a death.
Even these late filing applications have limits on them: They must be filed within a year of the injury.
How to file a personal injury claim against the government
The first thing we recommend you do is to reach out to a California personal injury attorney who can help you with your claim. Why? Because the process of filing the claim is complicated and it varies based on who you’re filing it against.
For example, if your claim is against the county in which you were injured, or another similar local government entity, then you have to file your claim either with the governing board or the clerk. This can be done either in person or via mail. If your complaint is against the state of California or an agency of the state of California, then you’ll need to file by mail or in person with the State Board of Control.
As you can see, this is not a simple process. That said, if you have a valid claim then it should be heard. Reach out to Law Offices of Michael A. Kahn at (310) 209-1600 to request your free case evaluation.