In California, if you file a claim with a public agency or government employee, you must file a lawsuit in accordance with the requirements of the California Tort Claim Act. No claim for compensation for financial damages to a government agency without an appropriately documented request within six months. In other words, the lawsuit against the government has six months of statute of limitations. We recommend that you speak to a representative who has expertise in the relevant legal field (e.g. personal injury or medical accident) in order to obtain specific information about your litigation or time.
In the Old English Law, there is a phrase that “Kings can do wrong”. The government claims not to be at fault, but the government could possibly make mistakes. Government-related lawsuits should be treated with special attention because the method is very different from other lawsuits.
2. When litigation is necessary.
If the government has ever caused you any damage, these damages are called “torts”. An individual who files a “tort claim” is usually a person who has suffered from damages and is called a “claimant”.
3. The person who filed the claim.
You can file a lawsuit against a government agency from either your own loss or the loss suffered by someone other than yourself.
4. How to file a claim.
You can either file a lawsuit against an individual who works for the state or government agency or you can also file against the government agency as a whole. You can either bring your bill in person or by mail. If you bring your own bill, the filing date is the date you took it. If you mail your invoice, the filing date is the date in which it was sent (not to get confused with the date that the agency receives it). When you want to send the mail out, we recommend a proof-of-content mail that requires a return receipt. Some government agencies have their own billing forms. You may need to contact them directly to get that form. However, if you have all the required information (see below), it is not necessary for you to use the agency’s specific form.
5. Time sensitive.
California’s Tort Claim Act has a strict time limit that you must follow when filing a claim against a government agency. If you file a lawsuit against a personal injury, you must file for compensation within six months of the date of the injury.
6. Overdue compensation applications.
Occasionally, a claimant may have to wait six months or more to file a personal injury lawsuit against a government agency. Legally, the two cases of late lawsuits. First, there is a late lawsuit without a late claim and the second is a late lawsuit with a late claim attached to it. “You must write a letter to the government agency within a reasonable time not exceeding one year from the date of the injury if you apply for late compensation. Gov’t code section 911.4(b). The “conformity” of the deferral is determined for each case, and even a shorter period of deferral may still be considered inappropriate.
7. What happens once you apply for compensation.
After you file a claim, the board must respond within 45 days to your acceptance or rejection of the full or partial action. If the board of directors does not respond, the lawsuit is denied on the 45th day.