As a Los Angeles accident lawyer, I’ve discussed Government Claims on these pages in the past.
Readers will recall that California law imposes strict time limits on cases involving government defendants.
A plaintiff has six months to file a Government Claim with the public entity responsible for his/her injuries, and this must be done before filing a lawsuit in court.
Now, what happens if a plaintiff does not file a Government Claim within six months?
In this situation, the Government Code allows a plaintiff to file an application to file a late claim with the particular governmental entity at issue. The Government Code requires that the application to file a late claim be completed within one year of the incident. (Gov. Code 911.4.)
If the public entity denies the application to present a late claim, the plaintiff would then need to petition the Court for permission to file a late Government Claim. (Gov. Code. 946.6.) This is known as a petition for relief.
As you can tell, these type of cases have unique procedures and can be a minefield for those unfamiliar with the rigors of the Government Code.
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