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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

California Tort LawyerThe 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:

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.

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    Note for the readers: This post has been derived from the use of secondary sources and the information provided has not been independently confirmed. The photos depicted in these posts are not representative of the actual accident.  Any inaccuracies will be swiftly corrected once they have been brought to the site’s attention and all requests to remove posts will be honored.

    Disclaimer: This post is intended to provide general information to our readers and to honor the victims of everyday tragedies. We do not wish to cause any disrespect and none of the information contained in this post should be construed to constitute legal or medical advice. Laws vary by jurisdiction and cases often turn on minor differences In fact. Do not rely exclusively on any of the information contained in this post and seek further assistance from a legal or medical professional, where necessary.

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