In most injury cases in the state of California, an injured person has three years from the date of the injury to file a lawsuit. If, however, your injury was caused by a public entity, you time limit is much shorter.
In California, you must file a claim against a government entity within six months of your injury. This claim is a form which is usually found on the public entity’s website or at various governmental offices. If you are considering filing a lawsuit, it will be time-barred if you fail to file this claim.
After your claim is received, the government will respond within 45 days. Usually, your claim will be rejected. After you receive your rejection notice, you will have another six months from the date of that notice to file a lawsuit.
Though these claims forms seem relatively simple, it is always better to hire an attorney to complete the form for you. The claim will ask for a statement about what happened, as well as your theories about why the government is responsible for your injury. The reason an attorney should fill out this form is because if you do not list a theory of responsibility in the claim form, you cannot use it in a later lawsuit. Your lawsuit will be limited to what was put in the form.
Another reason why you should consult an attorney as soon as possible after an injury is because you may not be aware that you are dealing with a government entity at all. Many people do not know that some hospitals, schools, and transportation companies are often part of a government entity and have the same six month deadlines.
When a government entity like a hospital injures you by committing medical malpractice, you have the right to seek compensation for your injuries. While claims against the government are tricky, people are successful in holding public entities responsible for their negligence every day.
If you or your loved one was injured by public entity, make sure that you don’t lose your right to sue. Get the get the compensation you deserve for your injuries by hiring an experienced California injury attorney like Bradley I. Kramer, M.D., Esq.
At the Trial Law Offices of Bradley I. Kramer, M.D., Esq., our experienced staff of legal and medical professionals can evaluate your case and will help you understand your rights. To schedule a free appointment in our Beverly Hills office, call (310) 289-2600 today or use our online case evaluation form.