If you have been involved in an accident as a result of someone else’s negligence it is likely that you are eligible for compensation by way of a personal injury claim. What of in the case of injury claims to be made against a government entity, how do these work? Firstly, it must be noted that personal injury claims against a government entity are not as rare as most people think. However, if your accident or injury can be attributed to the fault of a California government agency or employee there are different rules when pursuing compensation against the government. This article will discuss pursuing a legal remedy against a California government agency or employee.In the state of California most claims seeking government compensation for injury or property damage need to be filed with the Government Claims Program (GCP). The GCP is operated by the California Victim Compensation and Government Claims Board. If you have suffered an injury that you think the California government may be legally liable for, you need to first file a claim over the incident with the GCP.
After filing your claim with the GCP, your claim will be processed and either accepted or rejected. If your claim is accepted and you are paid a satisfactory amount of damages over the incident, for example, an amount enough to cover your medical bills and/or compensation for property damage that may very well be the end of that matter.
There are a number of important aspects to be aware of in respect of the claim filing process, some of these include:
?Claim filing deadlines - in California, under the GCP a claimant has six months to file their claim after any incident that resulted in:
-personal injury
-death
-damages to personal property
-damages to crops
In respect of any other types of harm such claims must be filed within one year of the incident’s occurrence.
?Claim filing fee - in order to file an injury claim with California’s GCP you will need to pay a processing fee, in some cases this fee may be waived. If your claim is accepted and money is awarded, the filing fee will be reimbursed.
?Claim review - once your claim is accepted it will be reviewed by the GCP staff who either reject or make recommendations to a three member board. If the board endorses the claim, payment will be made to the claimant. An attorney from the King Law Firm stated that, “if a properly submitted and timely injury claim is rejected by the GCP, the claimant has the right to pursue other legal remedies against the government state agency or employee. Such legal remedies include filing a lawsuit for damages”.
?Claiming for under $100 in damages - if your accident or injury resulted in less than $100 in damages there is no need to file a claim with the California GCP, rather the claimant must file a claim directly with the entity involved in the incident.
For legal advice and representation in respect of personal injury caused by the Californian government contact a personal injury attorney in Ventura.
About the company:
The King Law is a law firm of renowned professionals who specialize in personal injury matters. If you require legal advice in respect of a Sylmar car accident contact an attorney from the King Law Firm today.