If a Governmental entity or its employee is responsible for your injury, then you must file a Government Claim and comply with Government Code Section 911.2 within six months of your injury. This means if there is an accident at a public school, at a public hospital, on any public property or involving the police or some other governmental employee, then you must file a timely government claim. Government Code Section 911.2 reads as follows:
911.2. (a) A claim relating to a cause of action for death or for
injury to person or to personal property or growing crops shall be
presented as provided in Article 2 (commencing with Section 915) not
later than six months after the accrual of the cause of action. A
claim relating to any other cause of action shall be presented as
provided in Article 2 (commencing with Section 915) not later than
one year after the accrual of the cause of action.
(b) For purposes of determining whether a claim was commenced
within the period provided by law, the date the claim was presented
to the California Victim Compensation and Government Claims Board is
one of the following:
(1) The date the claim is submitted with a twenty-five dollar
($25) filing fee.
(2) If a fee waiver is granted, the date the claim was submitted
with the affidavit requesting the fee waiver.
(3) If a fee waiver is denied, the date the claim was submitted
with the affidavit requesting the fee waiver, provided the filing fee
is paid to the board within 10 calendar days of the mailing of the
notice of the denial of the fee waiver.
As you can see that complying with this statute, as well as others in this area, such as Government Code Section 910 require prompt action. If you fail to file a timely claim there are only certain very limited circumstances where a “late claim” will be accepted. So if you have an injury incident and have any question whether a Government Entity or its employee is involved, then you need to speak to a competent personal injury attorney promptly who will help you present your claim within the required timeline and hopefully win your case.
Our firm is very experienced in the area of Government Claims and can help you navigate the claims process. Call us today for a free consult: 714-544-1460.