Generally, no suit for money or damages may be brought against a government entity (or against a government employee acting in the scope of employment) unless and until a timely claim has been presented pursuant to the Government Claims Act (Gov.C. § 810 et seq.) and either acted upon or deemed rejected by the passage of time [Gov.C. §§ 945.4, 950.2, 912.4]. If a government entity could be a potential defendant, there is a six-month claim filing deadline under the California Government Claims Act (Gov.C. § 911.2).

A claim shall be presented to the state by either delivering it to an office of the Victim Compensations and Government Claims Board, or by mailing it to the same [Gov.C. § 915(b), (e)]. Where two or more persons suffer separate and distinct injuries from the same act or omission, each person must submit a claim; one cannot rely on a claim presented by another. This is so even where one person’s injuries are “derivative” of the other’s [Nelson v. County of Los Angeles (2003); Shelton v. Super.Ct. (State of Calif.) (1976)].

If the public entity sends proper written notice of the rejection of the claim, plaintiff has six months thereafter to file suit against the entity [Gov.C. § 945.6(a)(1)].

In pursuing claims against the State, it is advisable to seek help, as soon as possible, from a lawyer who is experienced in personal injury cases to be properly guided and represented when necessary.

What our customers have to say about Hogan Injury experience

This Law firm was tremendously helpful! Every question that I had was answered with honesty and integrity. Shannon Gram, San Jose
Very helpful. Explained everything in great detail. Went above and beyond my expectations. Alyssa Samuals, Modesto