There are very strict deadlines for submitting a claim against a public entity when you have suffered a bodily injury that you believe the public entity may be liable for. For example, if you trip and fall on cracked, raised, or uneven sidewalk, a public entity may be liable for any injuries you sustained for negligently failing to properly maintain the sidewalk and you want to make sure that your claim is presented to the public entity within the applicable statutory timeframe.
According to Government Code section 945.4, a suit for money damages cannot be brought against a public entity on a cause of action for which a claim is required to be presented until a written claim has either: (1) been presented to the public entity and acted upon or (2) been presented to the public entity and deemed rejected. Generally, a bodily injury claim must be presented to the public entity no later than six (6) months after the cause of action/incident. (Cal. Government Code section 911.2).
After this initial claim has been presented to the public entity within the appropriate timeline, the public entity has forty-five (45) days to act on the claim. (Government Code section 912.4). If the public entity fails or refuses to act on a claim within those forty-five (45) days, then the claim is deemed to have been rejected by the public entity. (Government Code section 912.4(c)).
According to Government Code section 913, the public entity should provide written notice to the claimant regarding its action on the claim. If this written notice is provided, then the claimant has six (6) months after the date of such notice to file suit against the public entity. (Government Code section 945.6). However, if written notice is not provided in accordance with Section 913, then the claimant has two (2) years from the date of the cause of action/incident to file suit against the public entity. (Government Code section 945.6).
Generally, if you fail to present a claim to the public entity within the appropriate time period, you will be prohibited from filing and commencing a formal suit against that public entity in court.
Navigating the timelines and procedures for initiating a claim against a public entity for an injury you sustained can be confusing, the attorneys at Escovar Law, APC are here to help! Call now for a free telephonic consultation at 626.577.7700!
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