How Can a Government Liability Lawyer Help?

Practice Areas How Can a Government Liability Lawyer Help?

Some liability cases are relatively simple.

For instance, suppose a driver runs a red light and hits your car. They are liable for the damage to your vehicle and any injuries you sustain. In most scenarios like this, the negligent driver’s car insurance company will offer you a settlement. You might choose an experienced personal injury lawyer like those at Chain | Cohn | Clark to represent you so you can negotiate a better settlement or pursue a civil lawsuit against the offending driver.

But the rules are much more complex if your personal injury case involves a government agency—federal, state, county, or city.

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Federal Sovereign Immunity

However, in the mid-20th century, the federal government passed a law waiving some of its sovereign immunity. The Federal Tort Claims Act (FTCA), adopted in 1946, allows individuals to pursue personal injury claims against federal government agencies under limited conditions through the means described in the Act.

California Sovereign Immunity

In the 1960s, California and other state governments followed the federal government’s example by passing laws that waived their sovereign immunity. California’s 1963 Government Claims Act—often referred to as the California Tort Claims Act—lays out the conditions and procedures for pursuing a claim against state or local government entities in California.

Pursuing a California Government Liability Case

The California Tort Claims Act, like the FTCA on the national level, doesn’t completely waive the government’s right to sovereign immunity. So, the steps you take in a government liability lawsuit are different from the steps you take in an ordinary personal injury lawsuit.

Let’s explore some of the unique requirements in a government liability case.

Shorter Statute of Limitations

In most personal injury cases in California, you must file a claim within two years of when you were injured or your property was damaged. This time limit is called the statute of limitations on personal injury claims.

In government liability cases, the statute of limitations is only six months (California Government Code Section 911.2). If you don’t file within six months, your claim will almost certainly be rejected.

Requirements for Filing Government Liability Claims

Many California government entities have a specific form that you must fill out to make a government liability claim. If the agency that harmed you doesn’t have its own form, you can file a claim by sending a letter with the following information:

1. Your name and address
2. The address you choose for receiving correspondence about your claim
3. A description of the events surrounding your claim, including where and when they occurred
4. A description of the injuries or damages you incurred
5. The name(s) of the government employees who caused the injuries or damage
6. The amount of compensation you’re claiming if the amount is less than $10,000; if you’re claiming more than $10,000, you must indicate whether you intend to pursue a limited civil case (less than $25,000) or an unlimited civil case (greater than $25,000)

A government liability lawyer can ensure that your claim is filed on time and includes all the required information.

An attorney’s advice may be especially helpful in determining the approximate amount of your claim. A government liability lawyer has the experience to review your case history and estimate the value of your claim—and you may be surprised by how much you underestimate it.

Here are some examples of forms for filing government liability claims in California:

• The California Department of Government Services (DGS) Office of Risk and Insurance Management provides information about the state’s Government Claims Program, including forms and instructions.
• Claims against Caltrans
• Claims against California State Universities
• Claims against Kern County

The Bakersfield Department of Risk Management provides a form for claims against the city of Bakersfield.

Examples of Government Liability Claims

Because government agencies operate in so many different areas of life, government liability claims also vary dramatically. For example, you may file a claim for:

• A government employee’s negligence while driving a government vehicle
• Premises liability—that is, unsafe conditions on the premises of a government agency that result in an injury
• Unsafe road conditions that cause an injury; for example, if the city has been notified about a large pothole and takes no action to fill it in, it may be liable for damage to your car if you inadvertently hit the pothole
• Injuries at a public school resulting from the negligence of school personnel
• Insufficient safety precautions at a public event that result in injuries or deaths

Our Government Liability Lawyers Know Local Government

If you’re considering a claim against a California, Kern County, or Bakersfield government department or agency, you might be tempted to seek out a glitzy L.A. law firm. But there’s a strong case for choosing a local law firm like Chain | Cohn | Clark to handle your government liability case.

Chain | Cohn | Clark has nearly ninety years of history in Bakersfield, and most of our lawyers are Bakersfield natives. We have more insight into local government issues because we live here, too—and not in a passive way; we have extensive involvement in the Bakersfield community. In addition, we know the legal community and ins and outs of the area’s courts—knowledge that will work to your advantage when we take on your government liability case.

Bakersfield Government Liability Lawyers

A case against a government entity in California faces multiple procedural hurdles, including:

• Determining whether a claim is allowed under the California Tort Claims Act
• Filing within the six-month statute of limitations
• Filing the appropriate form
• Calculating the approximate value of the claim

When you’re dealing with property damage or mounting medical bills due to injuries, the technicalities of a government liability claim can be daunting. The government liability attorneys at Chain | Cohn | Clark can bear the administrative and procedural burden and help you make informed decisions about how to carry your case forward.

Our lawyers work on a contingency basis, which means you don’t pay anything out of pocket for our representation. We only get paid if you win your case, and even then, our fee is only a small percentage of your overall award.

If you’ve been injured or had property damaged due to the negligence of a government employee or entity, contact us today to discuss your options, free of charge and without any further obligation.