Some motor vehicle accidents in California are caused by government employees while they are acting within the course and scope of their jobs. When the driver of a government vehicle causes an accident, special procedures and rules apply. These types of claims are governed by both the state’s personal injury laws and the California Tort Claims Act. If you want to file a lawsuit against a public entity for your injuries, you will need to comply with the rules. Working with a lawyer at San Jose Personal Injury Attorneys following a government vehicle accident in Palo Alto can help you to protect your rights to recover damages.
Lawsuits Against The Government For Accidents In California
If you are injured in an accident caused by a government vehicle, you will need to preserve your claim. The California Tort Claims Act requires you to notify the governmental entity within six months of your accident caused by a goverment vehicle. If you do not file your notice with the government on time, you will be barred from recovering damages. The rules for government vehicle accident claims are very specific. A written complaint must be filed using the proper form with the correct agency. Even if you are unsure whether you will ultimately file a lawsuit, filing the notice with the responsible government agency is crucial for preserving your rights to recover damages. While some exceptions might allow you to file a late claim, you should file your notice on time so that you can pursue the legal remedies that might be available to you if you suffered injuries from a government vehicle accident. Contact one of our experienced government vehicle accident lawyers in Palo Alto to determine if you have a case. We will aggressively fight for you! Call us today for a free consultation: (408) 217-1778
Types Of Injuries In Government Vehicle Accident Claims
Many different injuries can be caused by accidents involving government vehicles. When a government employee is negligent, you may be left with serious injuries. Some examples of the types of injuries that can be incurred in a government vehicle accident include the following:
- Traumatic brain injuries
- Spinal cord injuries
- Thoracic injuries
- Head, face, and neck injuries
The negligence of a government worker may result in several accident-related losses, including mounting medical bills, disability, income losses, emotional trauma, and others. Victims who are injured because of the negligence of others are entitled to seek compensation for their losses.
Filing A Government Claim
Once you decide to file a claim against the government, make sure that you identify the correct entity and follow the deadline. You can deliver your notice by postal mail or in person. If you mail your claim, the date that it is postmarked is the filing date. Claims that are mailed should be sent by return-receipt, certified mail.
Once your claim is filed, the government agency must respond to it within 45 days of its receipt. The agency might respond by accepting your claim, rejecting it, or partially rejecting it. If the government fails to respond to your claim within 45 days, it will be deemed to be rejected. You may then file a lawsuit against the government agency in the court with proper jurisdiction to seek the recovery of monetary damages. The state’s personal injury statute would then apply. You will then have up to two years from the date of your government vehicle accident to file your lawsuit against the government.
If you receive notice that the government is rejecting your claim either in whole or in part, you will have no more than six months from the date that the government mailed the notice to file a lawsuit. Keeping track of the various deadlines and rules is important for preserving your rights.
Why You Should Hire An Experienced Government Vehicle Accident Attorney?
The government has vast resources available to it to litigate against injury claims. Government defense lawyers will try to limit or avoid the government’s liability. If you make mistakes with your claim, it can harm your ability to recover compensation for your losses.
An experienced government vehicle accident lawyer in Palo Alto, can help to make sure that you file your notice on time with the proper agency in the correct form. A lawywer who is experienced in handling claims after a government vehicle accident lawyer in Palo Alto might anticipate the different types of defense strategies that might be raised in your case. Our attorneys can thoroughly investigate what happened and work closely with accident reconstruction, financial, and medical experts to build a strong case of liability on your behalf. By building a strong case of liability, our attorneys can secure a reasonable settlement offer from the government that fairly pays for all of your losses. If a settlement cannot be reached, our experienced attorneys may litigate your case on your behalf through the court process and a trial.
Contact San Jose Personal Injury Lawyers today to schedule a free consultation by calling us at: (408) 217-1778
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