Getting injured because of a government agency’s actions can oftentimes leave you facing pain, medical bills and a lot of stress. The paperwork and deadlines involved in these claims can add even more worry when you are already trying to recover. Knowing what California law requires can help you take the right steps and avoid missing an important deadline.
Filing a claim before suing a government agency
If your injury involves a California government agency, you generally have to submit a claim to the agency within six months of the injury. You must complete the agency’s claim process before filing a lawsuit. If the agency rejects your claim, you generally have six months from the rejection date to sue.
After the agency responds to your claim
Once you submit your claim, the government agency reviews it and sends you a response. The outcome determines what you can do next:
- If approved: The agency may agree to pay your claim.
- If rejected: You generally have six months from the date the rejection was mailed to file a lawsuit.
- If there is no response: The agency generally has 45 days to respond, and you may have up to two years from the injury date to start your lawsuit.
Keeping the agency’s notices and your claim documents for your records makes the process easier.
Exceptions that can change your filing deadline
Missing the usual deadline does not always end your claim. California law allows you to request permission to file a late claim in certain situations, such as when you could not file on time because of circumstances beyond your control.
The rules for late claims have specific requirements, so you should check whether an exception applies to your situation.
Your right to seek compensation
An injury involving a government agency can bring pain, expenses, paperwork and uncertainty at an already difficult time. You can reduce some of that worry by keeping your documents organized, tracking important notices and checking the deadlines that apply to your claim.
If you are unsure about the process or an exception may affect your deadline, consider speaking with a California personal injury professional about your situation.