School district liability, sidewalk accidents, pothole accidents, and certain acts of government or public employees are just come of the circumstances that can arise when one is injured by the State or suffers an injury on public property.  There are certain requirements one must do before they can bring a lawsuit against the government.

Under the California Government Torts Act (Government Code §§ 810-996.6), a victim must first file a claim with the government before filing a lawsuit.  This is because the government has sovereign immunity, and is given the opportunity to settle a claim before a lawsuit is filed.  The California Government Torts Act lays out strict guidelines for filing a claim.  You must file:

Within 6 months of the incident for:

• Personal Injury
• Damage to personal property
• Wrongful Death

Within 1 year of the incident for:

• Breach of Contract
• Damage to real property
• Equitable estoppel

Generally, if you do not first file your claim with the government, you will be barred from filing a lawsuit.

After filing your claim with the appropriate agency, they have 45 days to respond.  They agency will typically investigate your claim and if it has merit, attempt to settle it with you.  If the agency rejects your claim, you will be notified in writing, and you can file a lawsuit.  This written notification is often called your “right to sue” letter.  You have 6 months to file a lawsuit after receiving this written notification.  However, if the agency takes no action on your claim, after the 45 days has elapsed, you may file a lawsuit in court, within 2 years from the date of injury or damage.