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California Tort Claims
Definition of California Tort Claims
In certain personal injury cases, the California Tort Claims Act (CTCA) protects the state from liability. In general, "public entities are not responsible for injuries" caused by their employees or other public employees. This concept is termed "sovereign immunity."
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Injury victims, however, have a limited opportunity to file a claim and seek monetary damages under the law because of numerous exceptions to it.
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Proper notice of a claim under the California Tort Claim Act must be filed within six months from the date of the injury or accident.
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A limited number of circumstances allow the government to be held liable under the Act. Government employees who commit negligence may be vicariously liable for the government's negligence where the government had notice of the dangerous condition.
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Financial compensation for your injuries can be awarded if your claim against the government is successful. Medical bills, income loss, property damage, and pain and suffering are all examples of compensatory damages in a personal injury lawsuit.
California Tort Claims Act
For a personal injury lawsuit against the government, there are specific requirements you must follow if you were injured by a government agency, employee, or the government itself. California Tort Claims Act requires you to give government notice within a time limit or you lose your ability to recover money damages from the party who injured you.
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​There are a few limited exceptions to the law that allow the State of California to face liability. An injury victim can only obtain damages by following a very strict claim filing procedure for those few exceptions.
Sovereign Immunity
Sovereign immunity is a legal concept originating centuries ago in England that protects the King from lawsuits resulting in damage to third parties. This concept has been adopted in a variety of forms by every state since that time to protect public entities from lawsuits that might arise from employee or public entity injuries.
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The sovereign immunity statutes of most states set out specific exceptions to the rule, which allow plaintiffs to continue to sue the government or another public entity. These exceptions are usually governed by a strict procedure that must be followed.
Claims Under the California Tort Claims Act
According to the California Tort Claims Act, all civil liability cases or money damages claims are covered, which means the following may be covered: car accidents; bus accidents; burn injuries; slip and fall accidents; medical negligence; nuisance; sports injuries at school; breaches of contract; and intentional torts, like assault and battery.
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In California, suits against teachers and school districts are generally handled by the CTCA. In certain personal injury cases, the state government is protected by the California Tort Claims Act.
Claims Not Permitted Under the California Tort Claims Act
Except for the reasons listed above, the Act largely disallows claims on virtually any other ground. Injuries caused by the failure to pass a regulation, ordinance, or law, the California National Guard, to enforce a law, issuance or refusal of any permit, license, certificate, or other government authorization, inspection of any property that the government itself does not own, misrepresentation, or damages arising from reporting identifying information of drug offenders to local schools.
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The government generally cannot be sued for punitive damages. It is rare to award these types of damages in a personal injury claim, and a showing of recklessness, fraud, or intentional harm may be necessary. This type of damage is specifically excluded under the law.
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The California Tort Claims Act also bars claims for money or damages which are not money-related.
Government’s Responsibility
Certain situations make the government liable for damages caused by personal injury. There are several situations where negligence may be considered a ground for bringing a claim against public entities. These include negligent acts by employees, negligent acts by independent contractors, and negligence occurring on government property caused by dangerous conditions.
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The person or organization responsible in tort claims under the California Tort Claims Act is ordinarily the government agency responsible for the employee, property, or performance of a duty. State, county, and local governments, as well as cities and municipalities, are covered by the CTCA.
Liability For Government Employees
Any negligent act committed by government employees is the responsibility of government entities or agencies, if: the employee was acting within the scope of his or her employment; or the employee was performing some government function.
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A person who suffers personal injury damages as the result of the negligence of a government employee may file a claim under the California Tort Claims Act against the government agency or entity that employed the employee. Any person who has suffered personal injury damages due to the negligence of a government employee may make a claim under the California Tort Claims Act against the government agency or entity that employed the employee. A lawsuit can only be brought against the employer, not the employee, under the act.
Liability for Independent Contractors
When the government is responsible for the negligence of independent contractors performing government tasks, it is generally the case that the contractors were acting within the scope of their assigned or agreed duties.
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Independent contractors are subject to the same rules as employees under the Act. Under the California Tort Claims Act, the lawsuit may not be brought against the independent contractor, but rather against the government itself.
Failure of Legal Duty
The California Tort Claims Act holds the government liable for injuries caused as a result of its failure to fulfill a legal obligation imposed by law. Although many government officials are protected by qualified immunity, they often act in their discretionary capacity.
Accidents on Government Property
Governments can be held liable for injuries caused by hazardous conditions on their properties when they own or control them. Claims against public entities on premises liability, however, are treated differently.
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Plaintiffs in a premises liability case must prove three things: the property was unsafe at the time of the injury; the injury was directly caused by the unsafe condition. Additionally, a dangerous condition must have caused a reasonably foreseeable risk of the type of injury suffered or the public entity must have had actual or constructive notice of the dangerous condition and sufficient time to correct or prevent the injury.
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The government entity must have discovered the condition and its dangerous nature within a reasonable time period, if the condition existed for some time and was obvious enough.
Filing a Claim Under the California Torts Act
Injury victims must give notice of their claims before they are able to file a claim against the State of California, a county government, or a municipal government agency. The notice may be in the form of a report or letter which may be sufficient, so long as it contains all the necessary details. There are, however, many organizations and municipalities that provide claim forms for citizens to submit notices.
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I will ensure that your claim is filed within the appropriate time limit, as well as meet all filing requirements. Incorrectly filing a claim or filing the claim too late may result in the claim being denied.
Information Needed to File Claim
For the person filing a lawsuit against the government entity or agency, the following information must be included. (1) The claimant's name and address. Postal address where the claimant wishes to receive notices. (2) The circumstances of the claim assertion, including the date, place, and other details. (4) A detailed description of the debt, obligation, injury, damage, or loss as known at the time of the claim. (4) If known, the name of the public employee who caused the injury, damage, or loss. (When the amount claimed is less than ten thousand dollars ($10,000) at the time the claim is presented, it must include the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time the claim is presented, along with the basis on which such amount is calculated. The claim must not include dollar amounts exceeding ten thousand dollars ($10,000). Nevertheless, the claim must indicate whether it would be considered a limited civil case.
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You could lose your claim if you do not include all of the required information. The claim may be denied if it is not submitted within the deadline set by law.
Limited Cases
The amount you seek in your claim may not be required if your claim exceeds $10,000, but you must state whether it is a “limited civil case.” A "limited civil case" is one in which the plaintiff is seeking a sum of less than $25,000, not including cost and reasonable attorney fees, and the plaintiff is not seeking a permanent injunction, a court order commanding or preventing the government agency or entity from taking the action or activity complained of. Any action which seeks to establish the ownership of real property or the enforcement of a legal order under the family code. The court can declare and establish all parties' rights and obligations, but no actual enforcement is ordered by a declaratory relief action.
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If you intend to file a claim, consult an experienced attorney. The majority of injury victims underestimate the value of their case or do not consider all their damages. It is not uncommon for even minor injuries to require follow-up medical care or ongoing medical treatment. You may be left paying out of pocket for something that was not your fault if you don't ask for enough money to fully compensate you for your injuries.
Time Limits For Filing Claim
According to the act, filing a claim against a government entity or agency is subject to very strict guidelines. Those who fail to adhere to these strict guidelines will have their claims dismissed. The result is that a suit that is otherwise valid and could obtain damages may be invalidated because it was not filed within the strict, and often short, time frame.
It may be difficult to file a personal injury claim after a certain period of time has passed. Statutes of limitations are generally shorter for claims against government entities than for private parties.
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If you wish to file a claim relating to personal injury, wrongful death, property damage, or crop damage, you must do so within six months.
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Injuries must be reported within six months of their occurrence. An injury may not be discovered (or should have been discovered) until the six-month period has run in some circumstances. An accident or injury may not be discovered by the victim for weeks or months after it occurred in a medical negligence case, for example. The time limit for claims relating to all other causes is one year from the date of the injury. You could collect damages from an action for breach of contract, damage to real property, or a declaratory judgment action not subject to a six-month limitation.
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To avoid the lawsuit being dismissed, it is critical that the claim is filed within the appropriate time limit.
Filing a Claim Late
Without a valid reason, late claims will generally be denied. Frequently, though, a late claim is accepted when accompanied by an "application for late filing." There are four legitimate reasons for being late in filing a claim: mistake, inadvertence, surprise, or excusable neglect; minor (the claimant was under 18 at the time of the claim); mental or physical disability; or death.
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An experienced personal injury attorney can help you significantly increase your chances of successfully filing a late claim. Filing a late claim is subject to further strict requirements, but you are much more likely to succeed with their assistance.
The Process After Filing Claim
Generally, after a public agency receives your complaint, it has 45 days to respond. Depending on where and when the claim is mailed, this time is extended a bit.
Following the filing of a claim, there are 5 possible outcomes. All 5 outcomes result in the claim being denied. A claim may be approved partially or in its entirety. A settlement of all claims may be offered by the entity, which could consist of a compromise of the claim. The claim may be rejected by the entity. Information in the claim might not be sufficient. To complete the claim, you must amend it within the time period defined by law. Incomplete claims may be returned.
Claim Rejected
An individual who is not satisfied with the government's response can file a lawsuit in state court. Claimants must seek relief from the claims requirement by filing a petition with the Superior Court.
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Unless the government entity rejects the original claim in whole or in part by some other means, the claimant has only six months to submit a petition to the court.
Due to the inaction of the governmental entity, the original claim was rejected, which means the petition must be filed two years after the date the claim was rejected.
Petition Granted
The claimant must file a lawsuit within 30 days if the court grants the petition to proceed without the claim requirement. If the suit is not filed within this time period, the plaintiff could be barred from filing it again.
Petition Denied
An appeal may be taken if the order denying the petition to proceed without the claim requirement is denied by the court. The appeal will be handled by your California personal injury lawyer. Your case can be filed against the government if you win your appeal.