Holding Government Entities Liable in Personal Injury Lawsuits: California Government Tort Claims Act

Michael Waks

1 year ago

When pursuing a personal injury claim involving a government entity, it’s essential to understand the unique legal framework in place. In California, the Government Tort Claims Act sets forth specific rules and procedures for holding government entities accountable for injuries caused by their negligence. In this blog post, we will explore the intricacies of the Government Tort Claims Act and shed light on how it impacts personal injury lawsuits against government entities in California.

The Government Tort Claims Act

The Government Tort Claims Act is a California state law that governs personal injury claims against government entities, such as municipalities, public agencies, and government employees. The act aims to balance the public’s interest in seeking compensation for injuries while preserving the government’s ability to function effectively.

Notice Requirements

Under the Government Tort Claims Act, a claimant must file a written notice of the claim with the appropriate government entity within a specified timeframe. In California, this notice must be submitted within six months from the date of the injury or discovery of the injury. Failing to comply with this requirement may result in the claim being barred.

Statute of Limitations

In addition to the notice requirement, personal injury claims against government entities must adhere to the statute of limitations set by the Government Tort Claims Act. In California, the statute of limitations for such claims is generally six months from the date of the injury. It’s crucial to consult with an attorney promptly to ensure compliance with these strict deadlines.

Immunity and Exceptions

Government entities enjoy certain immunities from liability under the Government Tort Claims Act. However, there are exceptions to this immunity, allowing individuals to hold government entities accountable in certain circumstances. Common exceptions include dangerous conditions of public property, negligent actions of government employees, and motor vehicle accidents involving government-owned vehicles.

Comparative Negligence

California follows a comparative negligence system, which means that even if the government entity is found partially at fault for the injury, the claimant’s compensation may be reduced by their percentage of comparative negligence. It’s important to gather evidence and build a strong case to establish the government entity’s liability and minimize a potential reduction in damages.

Expert Legal Representation

Navigating personal injury lawsuits against government entities can be complex, requiring a deep understanding of the Government Tort Claims Act and its intricacies. It’s crucial to work with an experienced personal injury attorney who has a track record of successfully handling cases involving government liability. They can guide you through the legal process, help you meet the necessary deadlines and requirements, and advocate for your rights.

Damages and Compensation

If successful in a personal injury claim against a government entity, you may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, and other damages directly resulting from the injury. An attorney can help assess the full extent of your damages and pursue fair compensation on your behalf.

Conclusion

The Government Tort Claims Act significantly impacts personal injury lawsuits involving government entities in California. By understanding the notice requirements, exceptions to immunity, comparative negligence principles, and the importance of expert legal representation, you can navigate the complexities of such claims effectively. Consult with an experienced personal injury attorney to ensure your rights are protected, and pursue the compensation you deserve for your injuries.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.