How Can I File a Personal Injury Claim Against a Government Entity in Rancho Cordova?

Filing a personal injury claim against the government isn’t for the faint of heart. These claims are very serious and require lots of time to settle. Government entities in Rancho Cordova are held to a different standard than the average party. Additionally, sometimes, things can be split between various levels of government. 

Due to the complexity of these cases, it’s important to have a highly experienced and successful law team at your side. Our personal injury lawyer from Rancho Cordova. will aggressively represent your needs and be by your side throughout any type of claim you need to file. If you wish to file a personal injury claim against a government entity in Rancho Cordova, the following is the information you will need.

The Types of Accidents that Can Be Covered by California Law

If you wish to file a personal injury claim against a government entity, it will take more than a small act of negligence. A dangerous condition must be present in order to bring these claims forward. As outlined in Code 830, this dangerous condition must be creating a substantial hazard for those around. 

Examples of Dangerous Conditions

This condition must be far more dangerous than just a quick fix. Some of these conditions are explained below: 

• Lack of signs on roads with dangerous curves or lack of speed limit signs in congested areas 
• Broken or cracked stairs that are beyond a simple fix leading to a main entry point 
• Overgrowth of trees and plants that cover important road signs
• Deteriorating roads and worn-out directional markers can cause serious accidents

Most Common Injuries Cited in Claims

From these conditions listed above, if you are a victim of any of the following injuries, you will likely be able to file a claim:

• Serious car accidents with government vehicles such as military vehicles, post office trucks, police cars, or city fire trucks. 
• Injuries that occur in public parks or military bases
• Injuries that have occurred at basic government buildings. This can include serious injuries at a post office or city hall. 

Government Immunity

Any government entity is only truly held liable if there is a huge basis for the liability. As one might think, they are, in fact, protected by countless immunities from lawsuits. For more information on your lawsuit and what you can do, enlist the assistance of a skilled personal injury lawyer from Triumph Law, P.C. 

How You Can File a Claim

Before you can sue a government entity, you must first file a claim to try and meet the requirements of the California Tort Claims Act. This is a law that applies to all public entities, including state, county, and local governments. Additionally, it extends to all government employees as well. 

There are a few exceptions when you file a claim against the government. Unless you have filed a written claim within the proper time frame, you likely won’t get monetary damages for your injuries and losses. As soon as you file a claim, the government agency will be able to investigate and correct the conditions that caused your issues. 

With information from Code 835, there are a few things that must be proven to move forward with your first claim that we’ve discussed above:

• The property where you were injured is owned by a government entity or controlled by one. This can encompass city governments, county, state, and the federal government. 
• The property had a very dangerous condition at the time where injuries were caused 
• This dangerous condition created more risks on the property, and the accident that occurred was foreseeable and possibly preventable with more care. 
• The government entity that oversaw the area or owned it was well away from the dangerous conditions.
• The cause of the condition was made dangerous by employees or another party that didn’t correct the condition. 

Essential Parts of a Claim

As stated above, you must file a claim before being able to file a lawsuit. There are a few things that must be present when submitting this claim. Form SF95 will require:

• Damages to your person or property: You need to briefly explain the nature and extent of the injuries you sustained from the dangerous condition. 
• Sum certain: This is a declared number encompassing residential or commercial property damage, injury, and, if applicable, wrongful death. 
• Relevant facts: The more detailed you are, the better. Add any facts to your claim that you believe will help in the long run. Also, adding the exact amount of compensation you are working towards is important, so it can either be carried out or denied. 
• A valid signature: You must sign the claim before submitting it, with all the relevant parts. 

Within six months, you will receive a letter from the government agency you submitted your claim to. This letter will either “allow” your claim and pay you the damages you require, or it will deny your claim. If your claim was denied, you can decide if you wish to file a lawsuit or not. 

The Statute of Limitations for Claims Against the Government 

If you wish to file a lawsuit, you will have six months from the day you initially mailed in your claim to file a lawsuit. This should be done as soon as possible, so you’re well within the given timeframe. Of course, all states and cities will vary based on your next steps, which is why speaking to a personal injury attorney from Triumph Law, P.C. is beneficial.

In California, the statute of limitations, or the time limit for filing a personal injury claim, is generally two years. This means the victim has two years from the day they were injured to advance their claim and take it to court. However, this is shortened when it comes to government involvement in a personal injury claim. 

If you sustained a personal injury from a government entity, you will only have six months to file a legal claim. This is much shorter than that of a regular personal injury claim. Luckily, your personal injury attorney can help you work with these strict timeframes and present your care well before your limit is up. 

No One Should Suffer Due to Anyone’s Negligence 

Even though these types of claims are intense and complicated, you can still be successful. Being injured in any type of accident due to a lack of care from another party, government entity or not, can create large financial strains and issues. The team at Triumph Law, P.C. will aggressively represent your needs. 

With more than 20 years of experience, we have successfully recovered countless settlements and verdicts totaling several million dollars. For more information about your claim, or if you wish to schedule a free consultation, give us a call as soon as possible.