The California Tort Claims Act essentially aims to protect the state government from liability in certain personal injury cases. As a general rule, the Act states “a public entity is not liable for an injury” caused by the public entity or any of its employees. Many people know this rule as “sovereign immunity.”
Under the California Tort Claims Act, all claims for civil liability claims for “money damages” are covered. This pretty much includes everything from slip and fall accidents to medical negligence. However, there are exceptions to government’s immunity.
When the Government Can Be Held Liable
- When an employee is acting negligent
- When an independent contractor is acting negligent
- When a government owned property has dangerous conditions or is poorly maintained
- When injuries or damages are caused by the public entities’ failure to carry out a duty they owe to the public by law
Filing a Claim Under the Torts Claims Act
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Against a State Employee
File a claim with the California Department of General Service’s Office of Risk and Insurance Management. Check their website for details on the claim filing process. - Against a City or County The majority of municipalities have online claim portals or forms you must submit to file a claim against the city or county. If you are having difficulties finding the forms for your specific county, Hariri Law Group can help you.
Most claim forms seeking to file a lawsuit against a government entity include the following information:
- Name and address of claimant
- Date, place, and details on the situation that gave rise to the claim asserted
- General disruption of the injury, loss, or damage incurred so far
- Name(s) of the public employee or entity causing the injury, loss, or damage
- Amount of damages claimed (monetary amount)
There are also specific time limits regarding claims under the California Tort Claims Act. Before a lawsuit can be filed in court, the claimant must file a claim with the government agency within six months of the date of the injury. The government then has the option to accept or reject the claim within 45 days. If the government does not respond within 45 days, the claimant may file the lawsuit with the court.
Bringing an injury claim under the California Tort Claims Act can be extremely time consuming and complicated. If you have any questions about making a claim under the Act, or if you need advice regarding your case, it’s a great idea to talk to an experienced lawyer.
