As a Los Angeles accident lawyer, some of my cases involve personal injury claims against the government.
Whenever a new client alleges that he or she was injured as a result of government negligence, the first thing I ask is when the accident happened. And there’s a very important reason for this question.
As I’ve mentioned before, claims brought against the government have different procedures. One key difference is the amount of time a plaintiff has to file suit. And even before filing suit, a plaintiff must always first file a government claim with the government office responsible for his/her injuries.
If the government denies the claim, or (as in most cases) ignores it, the claim is deemed denied within 45 days of the date in which the claim was filed. What happens next is crucial.
A plaintiff has 6 months from the date the claim was denied to file suit in court. Failing to do so can, in most circumstances, slam the door shut on an otherwise valid claim.
That’s the lesson Jerri Dines learned in San Diego this week.
In 2014, Ms. Dines sued the former mayor of San Diego, Bob Filner, for inappropriately assaulting her at work.
Unfortunately for Ms. Dines, she waited more than 6 months to file her lawsuit against the City of San Diego after the City denied her government claim.
What’s the takeaway here? If you have, or even suspect you have a personal injury or property damage claim against the government, Don’t Delay! Call an attorney!
Your case could depend on it!
For questions about your case against the government, the Rabbi Lawyer is ready to assist, 24/6!