Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

Governmental Entity Cases: Can You Sue A County, City Or State For Negligence?

July 1, 2015 by Michael Waks

Governmental Entity cases are unique and complex.  State and federal laws permit someone to sue governmental entities for injuries caused by the entity’s negligence, but doing so is difficult.  I would not recommend that governmental entity casessomeone try to sue a governmental entity without the help of a personal injury attorney who is experienced in these types of cases.

How is Filing a Personal Injury Lawsuit Against a Governmental Entity Different than Filing Against an Individual?

Suing a county, city or state is much more complicated than suing an individual.  There are many more rules and very specific procedures that must be followed in order to hold a governmental entity accountable for injuries it caused.  To start, there is a shorter period of time within which to file a claim against a governmental entity, as opposed to filing against an individual.  There is also an additional step involved in suing a governmental entity – an administrative claim must be filed prior to filing a lawsuit erektile-apotheke.de.

An administrative claim against a governmental entity or agency must be filed within six (6) months of the date of the accident and must include several key pieces of information.  At a minimum, each claim should include the following:

  • Name and address of the injured party
  • Name and address of the person who should receive notices on behalf of the injured party
  • Name of the public employee, if known, who is responsible
  • Amount of the claim
  • Date, location and facts of the incident
  • Detailed description of the damages and injuries

The most difficult, and important, parts of the administrative claim is the description of the accident, the injuries sustained, and the legal theories under which the governmental entity is liable for the injuries.  The claim must set forth enough information so the governmental entity can review the legal theories of liability asserted by the injured party.  If the injured party fails to include a legal theory in the claim, the court will not allow the injured party to use that specific theory of liability in a lawsuit.

In most cases, the governmental unit will reject the administrative claim.  The injured party then has just six (6) months from the date of the rejection to file a lawsuit.

If an injured party fails to file an administrative claim within six (6) months from the date of the accident, or fails to file a lawsuit within six (6) months from the date an administrative claim is rejected, the injured party loses the right to make any claim at all.  In other words, unless all procedures are properly followed within the proper timeframes, an injured party will not be compensated for injuries caused by a governmental entity.

In addition to dealing with specific rules and short timeframes, there are also issues of governmental immunity that need to be addressed.  Each case is different and different immunities apply in different scenarios.  If all this sounds complex, that’s because suing a county, city or state is complex. Retaining an attorney who has experience dealing with governmental entity cases will increase the likelihood of recovering damages for injuries caused by governmental negligence.

Contact an Experienced Long Beach Personal Injury Attorney to Assist with Your Claim

Your Injuries are Personal to Me

My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery.  I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation.  You are under no obligation and you will never pay any money unless you recover damages for your injuries.  I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.

  • Author
  • Recent Posts
Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Law Office of Michael D. Waks

Website & SEO By Sutton Digital Marketing