Understanding the California Tort Claims Act

California Government Code §§ 810-998.3 is otherwise known as the California Tort Claims Act. The Act is essential as it governs claims filed against government entities in California.

Under the Tort Claims Act, no lawsuit for damages can be brought against a governmental entity unless a written claim has been filed within the statutory six-month time limit. The quick action required in these types of cases often requires legal representation.

Did you suffer severe injuries or was your loved one killed in an accident caused by the negligence of a governmental agency or one of its employees in Southern California? Make sure you contact the Los Angeles Injury Group before speaking to an insurance company. You can receive a free consultation as soon as you call (310) 954-7248 today.

California Tort Claims Act Process

The reasons that a person might have to file a lawsuit against a governmental entity can vary depending on the type of accident involved. Some of the possible incidents that could involve governmental agency negligence include, but are not limited to:

• Auto Accidents
• Bicycle Accidents
• Construction Accidents
• Slip and Fall Accidents
• Bus Accidents
• Train Accidents
• Wrongful Death

A person can file a claim against a county or local governmental entity or employee directly with the entity’s governing board or clerk, if he or she can file a claim against the state or a state agency or employee with the State Board of Control (SBC).

Under California Government Code § 910, a claim against a governmental entity is required to contain all of the following:

• The claimant’s name and address;
• The address where the claimant wants to receive notices;
• The date, place, and circumstances of the occurrence giving rise to the claim;
• General description of the injury, damage, or loss;
• Name(s) of the government employee(s) causing the injury (if known);
• If the amount is less than $10,000, dollar amount claimed (including an estimate of future harm) and the basis for computing amount; and
• If the amount is greater than $10,000, an indication of whether the case is a limited civil case (money you sought is less than $25,000 and claimant not seeking permanent injunction, determination of title to real property, enforcement of an order under the Family Code, or declaratory relief.

The California Tort Claims Act places a strict six-month time limit on these types of claims, but the date the time limit begins running can depend on when a person learned about his or her injury. Additionally, California Government Code § 911.4(b) establishes three are four valid reasons for a late claim:

• Mistake, inadvertence, surprise or excusable neglect
• The claimant was a minor during the entire six-month period
• Physical or mental incapacity
• The death of the claimant.

Find a Personal Injury Lawyer in California

If you or your loved one sustained a severe injury in Southern California as the result of an accident caused by the negligence of a governmental agency, you will want to retain legal counsel immediately. The Los Angeles Injury Group can fight to help you obtain all of the compensation you are entitled to for your medical bills, lost wages, and other damages.

Call (310) 954-7248 or contact us online to take advantage of a free consultation that will let our Los Angeles personal injury attorney provide an honest and thorough evaluation of your case.