Recovering compensation after an auto accident is not always easy. Sometimes the insurance company’s work fast and resolve issues, other times there could be significant delay. If you’ve been involved in a car accident with or on government property, recovering compensation becomes a lot more tricky. It is not easy to sue the government in California. Thanks to a legal concept known as sovereign immunity, governments, their agencies and their employees are protected from many kinds of liability, and that includes responsibility for auto accidents.
There are special rules to follow if your accident is partially or fully caused by a government entity or its employee. Make sure to contact an experienced auto accident attorney in Stockton who has experience handling such cases. Before you decide to sue the government or government employee, you have to ensure that the conduct you are alleging is exempt from the broad immunity from liability. Again, the best thing to do, is contact an attorney for help.
Despite the sovereign immunity governmental entities are privileged to have, the federal government has enacted some form of legislation that effectively “waives” this immunity. However, there are strict procedural rules you must follow. The timeframe by which you must file your case is dramatically shorter than that for other personal injury claims. You only have 180 days, or 6 months, from the date of the injury or the death of a loved one to file a claim. This short timeframe is to give the government a huge advantage over the public which is why it’s extremely important you consult with an accident attorney.
Once the claim is filed it can be denied or approved. If it is denied, the person seeking compensation has another six months to file a lawsuit seeking compensation. If the government entity does not respond to a claim within the allocated time, the injured person can proceed with filing the lawsuit and has two years from the date of the injury within which to file.
If you miss the deadline, file your claim anyway, along with an explanation of why it is late. Sometimes, the government may still grant you permission to file the claim.
If you or a loved one has been injured in an accident it is important to speak with an experienced accident lawyer today. Lance Friel will advise your of your rights and help you through this difficult process. Call today (209) 464-8000 to speak with a qualified Stockton accident attorney now.