Protecting Your Government Claim Statute
Navigating a personal injury claim is already a challenging process, but when your claim involves a public entity, the rules change dramatically. Unlike private entities, which generally allow a two-year statute of limitations for personal injury claims, claims against public entities in California operate under a significantly shorter timeline.
The California Tort Claims Act (Gov. Code, §§ 810-996.6) sets this timeline at just six months, creating a unique process for claimants that is often missed due to a lack of public knowledge. While the law is designed to allow public entities to resolve claims without costly litigation, it frequently creates hurdles for individuals seeking justice. Here’s what you need to know to protect your claim against a public entity and ensure your right to compensation remains intact.
The Process
When filing a personal injury claim against a public entity, timing is critical. Under the California Tort Claims Act, you must present your claim to the governmental entity’s board within six months of the injury. An injury involving a federal agency or employee falls under the Federal Tort Claims Act. These federal claims must be filed within two years. The initial claim filing step allows the public entity to assess and potentially resolve the claim before litigation.
If your claim is rejected, you have six months from the date of rejection to file a complaint and begin litigation. If you do not receive a rejection letter, the statute of limitations extends to two years from the date of the injury.
Additionally, if the entity takes no action within 45 days of your claim, it is considered rejected by operation of law, allowing you to file a lawsuit at that point. These strict deadlines highlight the importance of acting quickly and with precision when dealing with a public entity.
What If You Missed the California Tort Claims Act Deadline?
Missing the six-month deadline to file a claim with a public entity may feel like a dead end, but there are remedies available. Section 911.4 of the California Government Code permits you to file an “Application to Present a Late Claim.” This application must be submitted within a reasonable time, not exceeding one year from the date of the injury.
To qualify for this remedy, you must demonstrate a valid reason for the delay, such as mistake, inadvertence, excusable neglect, or physical or mental incapacity. Minors and deceased claimants also have special considerations under this provision. While this process offers a second chance, it is still time-sensitive and requires thorough documentation to succeed.
Application Rejections and Further Remedies
If your application to present a late claim is denied, you still have legal recourse to put your claim forward. The next step would be to submit a petition to the court for relief under section 945.6.
This petition must establish four primary pieces of information:
- That your failure to file the initial claim was due to mistake, inadvertence, or excusable neglect.
- There is no prejudice towards the public entity in question on the claimant’s end.
- The initial application was submitted within one year of the injury.
- That the application was denied by the governing body responsible for hearing the claim.
If the court denies your petition, your final option is to appeal the decision with the California Court of Appeals. While this route extends the timeline of your case, it ensures you have every opportunity to pursue justice.
How a Personal Injury Attorney Can Help
Navigating claims against public entities requires precision, expertise, and a deep understanding of the law. A personal injury attorney can make all the difference, especially when dealing with the strict deadlines and complex processes outlined in the California Tort Claims Act.
If you act quickly, an attorney can handle the initial filing process, ensuring your claim meets the six-month deadline. They can also gather evidence, build your case, and, if necessary, represent you in court.
For those who have missed the initial deadline, an attorney can guide you through the relief process, including filing an application to present a late claim and petitioning the court for further remedies. With their expertise, you are far more likely to secure a positive outcome and avoid the pitfalls of missed deadlines or incomplete paperwork.
If a public entity has injured you and you are struggling to navigate the claims process, Villasenor Law Offices is here to help. Their experienced legal team has the knowledge and dedication to protect your rights and secure the compensation you deserve. Don’t wait—contact Villasenor Law Offices today and take the first step toward justice.