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3 myths about suing the government for personal injury

On Behalf of | Dec 18, 2024 | Personal Injury

Have you ever taken a serious fall at a local government facility? Or gotten injured during an emergency response? If these had happened anywhere else or involved regular people, you might have already sued for injury compensation.

However, when government negligence leads to injuries, many people think they have no legal options. The truth is quite different from what most people assume.

Myth 1: The government has total lawsuit immunity

The government isn’t completely immune from facing legal accountability. California’s Government Claims Act allows you to file personal injury claims against state and local agencies. You could seek compensation if a city bus hits your car or if you slip and fall on poorly maintained government property. The key lies in following the proper procedures and meeting strict deadlines.

Myth 2: You have the same time limits as regular injury claims

Waiting too long means losing your right to compensation, no matter how strong your case is. Regular personal injury cases give you two years to file. However, government claims demand much quicker action.

You need to file an initial claim within six months of your injury. This is just an administrative claim, though. Only after filing this initial claim can you move on to file a claim in court.

Myth 3: Suing the government is like any other lawsuit

Government claims need special handling from the start. Aside from the shorter statute of limitations, other differences you may encounter include:

  • Potentially different filing requirements for different agencies
  • Waiting 45 days for the government’s response
  • Having only six months after the official response to file a lawsuit

If the government does not respond to your initial formal claim, the time limit changes. Instead of six months, you have two years from the date of injury to sue the agency.

Your path to fair compensation

Government injury claims are more challenging. However, valid claims deserve fair compensation, regardless of whether a private citizen or government entity caused your injuries. Your legal rights are worth protecting.

Consider consulting a California personal injury attorney experienced in handling government claims. They can help you avoid costly mistakes and build a strong case for the compensation you deserve.

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