When the respondent in your suit is the government, the federal, state, local government or an employee of the government, the guidelines of filing the claim are more strict i a way that you should be able to file a notice of claim within 60 days. This is in accordance to the principle o state immunity. As a general rule, the state and the government cannot be sued without its permission.
Most governments have already legislated acts called “Tort Claims Acts.” The provisions of this Act would usually contain the rules on how to go against the government if you suffered an injury caused by the state or the employees of the state. You should always take note that noncompliance with the rules can make your suit be dismissed; thus, you can lose your right to recover your lawful claim if you do not meet the time deadlines.
The Notice of Claim
In order to make sure that you do not lose your right over your claims, it is advised that you file your claim as soon as possible, after the injury has been incurred.
The process of filing claims differs from state to state. The general purpose of the notice is to make sure that the government is aware of your intent to file a claim against it. The filing of the notice of claim is a requisite to be able to file the actual lawsuit. Otherwise, your claim can be dismissed and be called premature. If your claim for recovery for the injuries you attained is denied, you can seek the legal process to be able to make the government liable.
If you would like to know about the specific information and requirements on how you can go and claim your file against the government, you can always contact the government agency and the agency is bound to give you accurate information. If you are not very certain on where to file your claim, it is best to go directly to the agency that you think is directly liable for your injuries.
Government-Affiliated Organizations: a “Gray Area”
It is not easy to determine whether the government is actually involved in your claim for injury. For example, suppose you are involved in a car accident with a vehicle driven by an employee of an organization that is not an official state agency, but the organization is funded in part by the state of California and operates in an office building owned by the state. After the injury that you have suffered and after the accident, your claim using the California Tort Act would depend on whether the actor is acting as an agent of the state. If he was, then you can use the California Tort Act. If it is otherwise, you do not have resort to the law. However, it is better to just prepare and file a notice of claim against the government and just let it dismissed if you made an error.
Due to the complexity of complying with the process of filing complaints, it is just best to seek the assistance of an attorney to make sure that you are able to do the things right. Otherwise, you may be risking your claim and you may be barred from filing your claim against the relevant party.