Can the City or County of Elk Grove be Held Responsible for My Personal Injury?

In California, if you have been injured as a result of another person or organization’s negligence, you are eligible to recover damages from that individual or entity. However, if a city or county was responsible for your injury, the law works differently and is more complex. There are specific requirements you must follow when making a claim against a governmental agency in California.

An Elk Grove personal injury lawyer at Triumph Law can help you file a claim for damages that adheres to the state’s strict personal injury claim legal requirements. You should not try to sue the City of Elk Grove or County of Sacramento on your own. Retaining the help of an experienced personal injury lawyer will give you the best chance of obtaining maximum compensation for your injuries and losses.

General Requirements for Proving Negligence in a California Personal Injury Case

In California, to receive damages for your personal injury, you must prove that another person or agency was responsible for causing your injuries. There are three elements that must be demonstrated to establish negligence in your personal injury case. Those three elements include the following:

• Demonstrating that the person responsible for your personal injury accident acted negligently
• Proving that you were harmed and have damages
• Showing that the liable party’s negligence was a significant factor in your damages

In addition to these elements, there are additional requirements that you must meet to file a claim against the City of Elk Grove or Sacramento County. These requirements are covered under the California Government Claims Act. Our personal injury attorneys in Elk Grove can help ensure that you are meeting the requirements this Act puts in place for personal injury claimants.

Types of Personal Injury Claims for Which a California Governmental Agency May Be Held Responsible

There are certain types of accidents for which the City of Elk Grove or County of Sacramento may be held liable. Typically, these accidents are caused by an employee of the City or County. Examples of when a governmental entity could be liable for your personal injury claim include:

• A motor vehicle accident caused by road construction that does not have proper signage
• A car accident caused by a city or county employee
• A pedestrian accident caused by a faulty public sidewalk
• A slip and fall on a hazardous floor in a government building
• Sexual abuse by a city or county employee, such as a teacher

The above list only includes examples of personal injury cases in which the City of Elk Grove or County of Sacramento can be liable for your damages. If you are not sure if your injuries are the fault of a governmental agency, contact us today for guidance. We can review the circumstances of your accident and determine who may be responsible for compensating you for your losses.

Suing the City or County of Elk Grove for Negligence

There are specific requirements for making a personal injury claim against a governmental agency, such as the City of Elk Grove or County of Sacramento. If you fail to meet these requirements, your personal injury claim can be thrown out. Important requirements of the California Government Claim Act that you must meet to successfully sue the City of Elk Grove or Sacramento County include the following:

Claims Against the City of Elk Grove

Before you can file a claim against the City of Elk Grove, you must file a formal written claim for damages. You must present your claim to the City Clerk. The claim will then be reviewed by the City Manager to ensure that your claim contains sufficient information and has no deficiencies.

Your claim for damages must contain certain information, including your name and address. It must also include the date, place, and circumstances of your injury and damages. You should include the names of the public employees, if known, who caused your injuries.

Your claim for damages against the City must also include the amount of damages you are seeking. This amount should include your damages incurred to date, as well as your estimated prospective losses. You also need to list all witnesses and healthcare professionals with whom you have treated for your injuries.

Claims Against Sacramento County

You are also required to file a formal written claim with the County of Sacramento if it was responsible for your personal injury losses. Your claim must be filed with The Clerk of the Board of Supervisors. Failure to include the required information in your claim will result in your claim being returned as insufficient.

Your claim for damages against the County must include your name, date of birth, phone number, email, and mailing address. As with the City, your claim must also include the location of your accident and a detailed description of how it happened. If you know the name of the County employee or department responsible for your injuries, you should list them on your claim.

On your claim form, you must provide a breakdown of your claim amount. You should provide the basis of computation for the amount of damages you are claiming. You should also include any property damage you are alleging.

As mentioned, if any required information is omitted from your claim form, the City or County will return or reject your claim as insufficient. This is why it is wise for you to seek the help of a personal injury attorney in Elk Grove. Our lawyers at Triumph Law are experienced with filing personal injury claims against governmental agencies and can ensure that your claim is completed and submitted properly.

California’s Statute of Limitations for Suing Elk Grove

In addition to making sure your claim form is correctly submitted with the City of Elk Grove or County of Sacramento, it is important that you file it within the time required by California law. This timeframe is known as the statute of limitations. You must file your claim for damages against a California governmental agency within six months of your accident.

If you miss this six-month deadline to file your claim, you may be barred from seeking damages for your injuries. You can complete and submit an application to be allowed to file your claim late; however, there is no guarantee that it will be accepted. You must show that your claim was late due to a very specific valid reason, such as physical or mental incapacitation.

Contact a Personal Injury Lawyer in Elk Grove Before You File a Claim Against the Government

As discussed, there are very specific and complex requirements for filing a claim against the City of Elk Grove or Sacramento County for your personal injury. You should not navigate your personal injury claim on your own. Contact our experienced personal injury attorneys at Triumph Law as soon as possible for a consultation to discuss your options for making a claim for damages against a California governmental agency.