As this blog has discussed on previous occasions, residents of Modesto who suffer an injury because of someone else’s negligence have the right to recover compensation. Victims will usually apply compensation from a personal injury lawsuit to their medical bills, lost wages and the like.
Sometimes, however, a Californian is injured on public property or is injured due to the negligence of a public employee. In such cases, residents can still sue for negligence and recover compensation from the government. However, special rules apply.
For instance, to file suit against a California agency or a local subdivision, a person must first file an official claim against the government. Generally speaking, the person must provide specific information about the claim and must also file the claim within six months of the incident.
Likewise, if a person has a potential lawsuit against the federal government, then they will have to follow the provisions of the Federal Tort Claims Act. Like California’s laws, the federal law requires a person to properly file a claim for compensation within a specific time frame prior to suing.
Following the rules about suing the government is critically important. For a number of reasons, the failure to meet these requirements can lead to the permanent dismissal of a California resident’s claim. This, in turn, means that an injured victim may not get compensation after an accident, even if the accident was caused by another’s negligence.
For this reason, victims of accidents on government property or involving government employees should strongly consider having their cases evaluated by an experienced legal professional.