In California, if you have a claim for personal injuries or wrongful death against a private party, you generally have two years to file a lawsuit. Additionally, you are not required to file a claim against the private party before you file a lawsuit. However, if you have such a claim against a public or government entity, you have to abide by government statutes requiring you to file a claim with a much shorter time frame.
You must first serve the public or government entity with a written claim, within six months from the date when your right to sue accrues. In a personal injury claim, a right to sue generally accrues from the date when the injury occurs or when injury is first discovered. The public or government entity must then accept or reject your claim. If the claim is rejected, then you have six months from the date of rejection to file your lawsuit.
If you fail to serve the public or government entity with a written claim within six months, you can seek permission from the public or government entity to file a late written claim. However, your petition to file a late claim must be served within one year from the date when your right to sue accrues and you must show that you failed to file a timely claim because of mistake, inadvertence, surprise or excusable neglect. Other grounds for seeking relief include minority, physical or mental incapacity or death. The government entity can then give you permission to file your late claim or reject it. If the government entity rejects your request, you must then petition the court for relief. The court may grant relief unless it finds that the government entity would be prejudiced.
So, if you have a claim against a public or government entity, it is crucial that you contact an attorney immediately, even if your claim may be late. This article strictly talks about California law. Laws in other states or against the Federal government may differ. This article is for educational purposes only and is not meant to serve as legal advice.
For more information, please call Mason Rashtian of The Mason Law Firm at 661-362-0805 or email mr.law@scvlawcenter.com .