Can I File a Public Entity Claim If I Am Injured?
Our Oakland East Bay Attorneys Can Help You Determine If You Have a Claim Against a Public Entity
If you are in an accident on government property or due to the negligence of a government employee, you may be wondering if you can get compensation for your injuries. This is a difficult question thanks to the laws that apply to the California Tort Claims Act and the Federal Tort Claims Act. These laws protect government agencies and their employees from personal injury lawsuits. This protection is also called sovereign immunity. However, the California Tort Claims Act and Federal Tort Claims Acts also sets out exceptions to this immunity.
Government entities that have prior warning about dangerous conditions on the premises can be held liable for subsequent accidents. These public entities can also be held accountable for the damages caused by the negligence of an employee. That means victims hurt under these circumstances could get compensation for their loss of income, medical bills, and their pain and suffering. However, filing that claim can be difficult.
Why Is Filing a Public Entity Claim So Difficult?
Injury victims have a very limited amount of time to file a claim against a federal or state entity. Depending on the type of claim, a notice must be filed within six months of your injury. Some examples of these claims include:
- Injuries caused by a person driving for the US Government or a branch of the military,
- Injuries caused by a dangerous roadway condition, and
- Injuries caused by a defective sidewalk.
Public Entity claims involve intricate rules that must be followed. The slightest mistake could lead to the dismissal of your claim or lawsuit. Having a trusted California tort claims attorney is the best way you can avoid making such a critical error.
At Heinrich Law, PC, our Oakland East Bay attorneys are familiar with the complex workings of the Federal and California Tort Claims Act. This allows us to guide clients through the process of filing their claims and pursuing the matter until they are properly compensated. We may even be able to help if your claim has been rejected.
Heinrich Law, PC has the experience and skills to help you file a public entity claim. Give us a call at (510) 570-1608 or fill out our online contact form to find out more. The initial consultation is free.