Can I Sue the Government in a California Personal Injury Claim?

If you are injured as a result of another party's negligence or misconduct, you can usually bring a lawsuit against them to recover compensation for your losses.   What if the person or entity who harmed you was the government? Can you bring a personal injury claim against the state of California? The expert attorneys at the Ghozland Law Firm in California explain how this works.

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The California Tort Claims Act (CTCA)

If a government agency, employee, or the government itself is answerable for your injuries, you can bring a case against them in most conditions.

The California Tort Claims Act (CTCA) is a law passed by the California Legislature to shield the state government from responsibility in personal injury claims. According to the legislation, a public entity is not responsible for an injury caused by the entity or any of its workers in general. The term for this is "sovereign immunity."

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However, this law has several exceptions that give injured victims a limited window of time to file a claim and seek monetary compensation.  A wide range of personal injury matters is covered by the Act. Car accidents, slip, and fall accidents, burn injuries, medical malpractice, nuisance, and injuries sustained while participating in school sports are all covered by the law and can be pursued in a California court. Contract breaches and intentional torts may also be covered under the CTCA. In California, this Act is commonly utilized for claims against teachers and school systems.

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Is the Government responsible?

The Act permits the government to be held responsible in some circumstances. These laws apply to premises liability if the government was aware of a dangerous condition or is held vicariously responsible for an employee's carelessness.

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If your lawsuit against the government is successful, you may be entitled to financial compensation for your injuries. In a personal injury case, compensatory damages might include:

·       Medical expenses,

·       lost wages,

·       property damage,

·       and pain and suffering

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A government entity has 45 days to reply or take action after receiving a notice of claim. If your claim is denied, you have the option of filing a lawsuit in state court. If the government rejects the claim through some sort of notification, the lawsuit must be filed within six (6) months. If the claim was denied due to the government's failure to reply, the lawsuit must be brought within two (2) years of the rejection date.

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When can I hold the government responsible for my injuries?

The government can be held generally legally liable for personal injury damages under the Act. The following are examples of these scenarios:

·       Employees' irresponsible behavior,

·       Independent contractors' negligence,

·       premises liability for unsafe conditions on government property,

·       and damages caused by a public entity's failure to carry out a legal duty.

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Consult with an expert Los Angeles based Attorney to sue the Government

The Government is not immune from creating hazardous situations on the systems and property they are responsible for. When victims are injured, laws are in place to safeguard their rights, including laws that allow them to sue the government.

Contact our expert attorneys at the Ghozland Law Firm to handle your matter.