Many lawsuits are stopped before they even begin because people do not know that you must file a government claim within 6 months of the incident before you may sue a California government entity. Despite this barrier to legal action, California regularly faces litigation – Los Angeles County alone paid out over $250,000,000 in settlements and judgments in fiscal year 2022-23. Pursuing a lawsuit against a government entity, whether it be a police department, school district, city office, or any other entity, can be daunting. The requirement to file a claim can be derailing and confusing, and these facts afford the state notable protection from liability. The attorneys at Arias Sanguinetti bring over 300 years of combined experience litigating against government entities in California, and understand how to navigate this process. While it is possible to file a claim without a lawyer’s help, having an experienced attorney by your side advocating on your behalf can simplify this process and increase the recovery you may obtain. Contact us for help navigate your claim and to learn what legal options may be available to you.
It is crucial to understand that filing a claim with a government agency does not require that you pursue further legal action such as a lawsuit. If you are unsure if you would like to pursue legal action but think that you may have a claim, we recommend filing a claim to keep your options open. Once the 6 month mark passes, your options to bring a claim against a government entity are significantly reduced. Our experienced Los Angeles attorneys can help you decide what is the best course of recovery for you.
Can I sue the State of California?
California, like all states, faces numerous lawsuits every year and has vast financial resources to pay significant damages. State, county, and city entities face a similar slate of legal action.
Unfortunately, you will almost certainly miss your chance to file a lawsuit against the state or local government entity if you do not file a government claim within 6 months with the government entity that has caused you injury or harm. Our team of attorneys brings extensive experience to lawsuits against various government entities in the state of California, including but not limited to:
- Police departments.
- Prisons.
- School districts.
- Various entities in charge of sidewalks/roads/public infrastructure.
- Various entities responsible for illegal employment practices.
- Department of Social Services.
- Utilities agencies.
- Departments of Health.
- Transportation authorities.
- Housing authorities.
- Public universities.
- State mental health facilities.
Government agencies frequently engage in negligent actions in ways that are often considered normal or routine, yet these actions largely go unreported. If you suspect that you may have been a victim of a California government entity’s wrongful actions, contact us today to learn more about filing claims and pursuing legal action.
How do I file a government claim in California?
Each government entity has a unique form and process for submitting a claim. Broadly, the form that you need is known as an “administrative” form. It is crucial to understand that you must submit this form within 6 months of the incident in question.
Once you file a claim, you can expect a response within 45 days. In some cases, the government entity may offer you financial compensation. While you are, of course, free to accept their offer, we recommend consulting with an attorney to maximize any settlement.
While government entities are free to determine how to create their specific administrative claim form, they may not make it unreasonably difficult to obtain. Finding the correct form can be complex. If you do not wish to speak with a lawyer yet, it is advisable to search online using the following phrase:
“(Government entity name) administrative claim form”
This will likely lead you to the correct place to file your claim. If you cannot find the claim form, it is advisable to call the office in question or go in person. Be sure to note any difficulties that you have obtaining a form, as they may be used as evidence later on.
Our experienced Los Angeles attorneys understand how to navigate this sometimes complex process. We work on a contingency basis, meaning we are paid solely as a percentage of any compensation that we are able to obtain for you. You will never pay out-of-pocket for this legal guidance or any representation you may seek to obtain with our legal team. Contact us today for assistance with the claims process and to learn more about your options.
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