Suing a government agency in the United States can be an intimidating ordeal, but if you feel like you or your property has been damaged or violated, it may be necessary. First off, contact a lawyer before you take any action. This can be a nerve-wrecking process and having a lawyer handling most of the headache for you will help.

You must first file a written “claim of damages” with the public agency (a claim that states what damages have been caused by the agency – also known as a “Government Code Section 911.30 claim”). These forms are provided by the government agency you are filing a claim against and usually on their website. Claim forms for claims against the state of California will also be available with the State Board of Control in Sacramento. Although you are not limited to these forms, they make the process much easier. There is a small fee associated with this filing but some people may qualify for a fee waiver.

This claim must be made within six months for any death or injury to a person, personal property, or growing crops. Any other claim must be filed within one year.

If you missed the deadline to file a claim with the government agency, you must file a “leave to present a late claim within one year.” This needs to be accompanied by a claim form as well as a letter of explanation as to why your claim is late. A few reasons that may allow a late claim are:

• Claimant was a minor during all of the time allotted
• Claimant was physically or mentally incapacitated during all of the time allotted
• Injured person died before the expiration of the time allotted
• The defendant lived outside of the state or was in prison for a time.

After you file the claim, one of three things will happen:

1. It will have been reviewed and approved. You will be contacted and will be paid a settlement,
2. It will have been denied. You will now have to file a suit if you want to continue to matter or;
3. You will have heard nothing. The board has 45 days to review and respond. If you do not hear from them after this time frame, the claim is deemed rejected.

In order to file a lawsuit, the claim must have been rejected. A copy of this rejection letter also must be submitted at the time of filing the lawsuit. Your suit must be filed in court not later than six months after your claim was rejected or within two years of the incident if no rejection was received.

For more information on this topic, call The Law Office of William Daley at (619) 238-1905 to set up a free 30 minute consultation today!