what kind of lawyer do i need to sue a california public agency?

You need an attorney who has experience with sovereign immunity and the requirements/limitations of this area of law. As previously stated, there are very strict rules governing how to place the State on notice and when such a notice must be filed. If you miss the deadline for doing so your claim will be barred.

Full Answer

What kind of lawyer do I need to sue a city?

If your claim is denied, contact an attorney for help with filing your case in the U.S. District Court. Before suing a government agency. Before you can sue the government or a public agency, you must first file a claim for damages with them. You can file a claim if you feel the agency is responsible for causing you injury, damage or loss ...

Can I sue the government or a public agency?

Jul 06, 2021 · In order to sue a person, business or government agency or official in California, a person must first analyze a number of issues. In order to bring a lawsuit, a person must do the following: Be a natural person and have “legal standing” and “legal capacity” to sue; Decide in which county and court the lawsuit can be filed, which means ...

How do I sue a person in California?

Jun 18, 2019 ·

Do I need a lawyer to sue the government after an accident?

How do I sue a public entity in California?

To sue a government or public entity:Fill out an SC-100 Plaintiff's Claim.File your Claim at the proper court venue and pay the filing fee.When you file your Plaintiff's Claim with the court, be sure to bring a copy of the denial letter you received from the agency.More items...•Aug 26, 2021

Can you sue a state agency in California?

Can you sue California (or one of its agencies, employees, or even a town) for a personal injury? According to a California personal injury lawyer, you can file a lawsuit against a government agency, employee or the government itself if any of these parties is responsible for your injuries.

Can you sue a public entity for negligence in California?

The California Tort Claims Act (CTCA) is a law enacted by the California Legislature with the intent to protect the state government from liability in certain personal injury cases. The law states that, generally, “a public entity is not liable for an injury” caused by that public entity or any of its employees.

Can you sue a public entity for negligence?

The federal government waived its immunity for claims of injury, property loss, and wrongful death by adopting the Federal Tort Claims Act. Basically, if you are injured by the government's negligence, you can sue the government for damages.Jul 29, 2020

What can you sue for in California?

However, in limited circumstances, you can sue a local California municipality through the California Tort Claims Act (CTCA)....When Can I Sue a Local California Municipality for My Injuries?Car accidents;Slip and falls/premises liability;Bus accidents;Medical malpractice;Train accidents; and.Pedestrian accidents.Sep 9, 2021

How do I start a lawsuit in California?

How Do I Sue a Person in California?Be a natural person and have “legal standing” and “legal capacity” to sue;Decide in which county and court the lawsuit can be filed, which means deciding which court offers the appropriate venue and which court has jurisdiction;More items...•Jul 6, 2021

How do I sue local government?

How to Sue a City for Negligence. First, you'll generally file a claim with the city government, at which point you'll be directed to either the city attorney's office or the risk management division. Once the city receives your claim, it has three options: Accept the claim and pay your damages.

Where do I file a lawsuit in California?

General Jurisdiction, which means that a court has the ability to hear and decide a wide range of cases. Unless a law or constitutional provision denies them jurisdiction, courts of general jurisdiction can handle any kind of case. The California superior courts are general jurisdiction courts.

What is the government claims Act?

Filing suit against the Federal Government is governed by the Federal Tort Claims Act. The claim filing requirement applies to all claims against the government for "money and damages", including personal injury, wrongful death and property damage cases.

Can you sue the government for violating the Constitution?

There is a fundamental inequity in the ability of Americans to enforce their rights under the United States Constitution. If a person's constitutional rights are violated by local or state government actors, the person can sue the government actors for damages to compensate for the harm suffered.Oct 10, 2021

What is an act of negligence?

Definition. A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).

Can we sue the government?

If you or a family member have suffered a serious personal injury as a result of the negligence of a government employee or agency, you may ask, “can I sue the United States government?” The answer is yes, you may be able to bring a claim against the U.S. government and receive compensation for your losses.Mar 17, 2022

What is the California Tort Claims Act?

If a government agency, employee, or the government itself is responsible for your injuries, there are very specific requirements you must follow i...

When can the government be held responsible for my injuries?

Under the Act, the government can be held legally responsible for personal injury damages in certain situations. These situations include: The negl...

How do I file a claim under the California Tort Claims Act?

To file a claim against the State of California, a county government, or a municipal government agency, the injury victim must give notice of his o...

What are the time limits for bringing a claim?

The act sets forth very strict guidelines for filing a claim against a government entity or agency. Failure to follow these strict guidelines may r...

What happens after I file my claim?

Once your claim is filed, the public agency generally has 45 days in which to respond or take action. This time is extended somewhat depending on i...

What do I do if my claim is rejected?

If the claim is rejected, a claimant can file suit in state court against the government. To do so, a claimant files a petition with the Superior C...

How to sue a person in California?

How Do I Sue a Person in California? In order to sue a person, business or government agency or official in California, a person must first analyze a number of issues. In order to bring a lawsuit, a person must do the following: Be a natural person and have “legal standing” and “legal capacity” to sue; Decide in which county and court the lawsuit ...

What is the next step in suing a person or entity in California?

The next step in suing a person or entity in California is to file a complaint. A complaint is a formal, legal document that sets out the factual basis for a person’s claim and requests compensation for the person’s losses or some other remedy, e.g. specific performance of a contract.

How long does it take to file a lawsuit after service of process?

Once service of process is complete, a person’s lawsuit has been legally filed and can proceed. The defendant has 30 days from the time of service to file an answer. If the defendant does not respond, a person can file a motion for a default judgment with the court.

What is jurisdiction in California?

The concept of jurisdiction involves three issues. One is jurisdiction over the person. This refers to the fact that in order to sue someone in a particular court, the court must have jurisdiction over the person or business entity named as a defendant in the lawsuit. In California, as in many other states, this is the court ...

What does "decide in which county and court the lawsuit can be filed" mean?

Decide in which county and court the lawsuit can be filed, which means deciding which court offers the appropriate venue and which court has jurisdiction; Draft and file an initial civil complaint which states the essential elements of a person’s claim or dispute and the remedy sought;

What is the legal standing to sue?

In short, this means that the person must have been harmed by the actions of the party whom the person names as the defendant in the lawsuit. The harm cannot be prospective or something that might happen in the future.

What is the jurisdiction of the Superior Courts in California?

In California, all of the Superior Courts in the state have jurisdiction over a person who lives anywhere in California or can be found in California, as well as businesses or organizations that do business in California. Each county has a Superior Court for the county.

What information is required to file a lawsuit against a government agency?

The person seeking to file a lawsuit against the government agency or entity must file a claim which includes the following information: The name and postal office address of the claimant. The post office address to which the person presenting the claim desires notices to be sent.

How to file a claim against the state of California?

To file a claim against the State of California, a county government, or a municipal government agency, the injury victim must give notice of his or her claim. 6 This may include filing a report or sending a letter which may suffice as notice, so long as it contains all of the necessary requirements.

What is tort claim in California?

The entity responsible in a California Tort Claims Act claim is generally the government entity or agency responsible for the employee, property, or carrying out a duty.

What happens if a law imposes a particular duty on a government entity or agency?

If a law imposes a particular duty upon a government entity or agency, and that entity or agency fails to fulfill that legal duty, the government can be held liable for injuries caused as a result under the California Tort Claims Act.

What is a public entity liable for injury proximately caused by an act or omission of

Gov. Code § 815.2. (“A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative.”)

What are the damages in a personal injury lawsuit?

Compensatory damages in a personal injury lawsuit can include: Medical bills, Loss of income, Property damage, and. Pain & suffering.

How long does it take to file a personal injury claim?

A notice must be filed within six months for claims which concern: Personal injury,

3 attorney answers

Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions.

Eliot M. Wolf

As Mr. Slick and Mr. Wolf indicated, you should seek counsel from some one familiar with bringing law suits against the state, and the type of lawyer depends on the nature of your claim.

What is suing an individual?

Suing an individual or business is something we hear of all the time in the United States. Less common is the suing of a city, state, or other municipality. Can a person even do that?

Why is it harder to sue a city than to sue an individual?

However, regardless of where you live, one thing is almost certain: it will be harder to sue the city than it would be to sue an individual or private organization, because governments have special legal protections and additional resources that aren’t available to private parties.

What to do if you can't resolve a claim?

If you can’t resolve the claim with the city, you can file a lawsuit against the city for negligence. As with any lawsuit, you’ll need to prove the city was negligent and that the negligence directly caused or contributed to your injuries and damages. You’ll also need to consider whether the at-fault party was a government organization as ...

How to settle a lawsuit for less than the amount of damages?

Negotiate with you to try and settle your case for less than the full amount of damages you’ve specified. Deny the claim outright. There’s very little chance the city will simply accept your claim and pay you the full amount of damages. Most often, the city will try to deny the claim or negotiate the amount down.

What are some examples of lawsuits against a city?

Examples of situations that could give rise to a lawsuit against a city include: Being hit by a government vehicle (police car, public works vehicle, parks and rec truck, city bus, construction vehicle, public school bus, etc.) Slipping and falling due to hazardous conditions in a government building, such as City Hall or the Secretary ...

What is medical malpractice?

Medical malpractice committed by public health care workers, doctors partnering with Medicare/Medicaid, or a government department (Veterans’ Affairs, for example) In any type of litigation against a government, multiple factors will determine your ability to make a solid case and recover financial compensation.

How to file a claim against a city?

First, you’ll generally file a claim with the city government, at which point you’ll be directed to either the city attorney’s office or the risk management division. Once the city receives your claim, it has three options: Accept the claim and pay your damages. Negotiate with you to try and settle your case for less than the full amount ...