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Burlingame, CA Government Claims Attorney

Chipped Sidewalk

Personal Injury Law Firm's Experience and Expertise  Assisting Clients with Government Claims in San Francisco

Government Claims can arise from a variety of circumstances and are handled by their own set of distinct rules.

A few common examples:

  • Tripping and falling on government property such as the sidewalk, a defect in the roadway, or at a government building can lead to a claim of a dangerous condition on public property.
  • Being struck by a government vehicle in a standard automobile accident will be handled as a government claim.
  • Bus accidents which are the driver's fault; including causing injuries to passengers getting on and off the bus.
  • If a child is physically injured at school because of the neglect of district personnel this is a government claim.

All liability of the government is determined by statute. Originally you could not make a claim against the government. But this blanket protection, that the king could do no wrong, eventually became disfavored. Therefore the legislature created sections of the Government Code to allow for claims against government entities in the State of California. However, they also put in a labyrinth of special rules and regulations to make it more difficult to take civil action against a government entity compared to an individual or business entity.

For example, in California, taking action against the government requires that a claim be filed within SIX MONTHS from the date of loss. The particular entity's claim form should be used and it is important to fill out the form properly knowing what should be included and what should not be included. These claims, while a procedural hurdle, are invariably rejected. This is not a reliable statement as to the validity of the claim. After the claim is rejected, either formally or by operation of law, a lawsuit must be filed within six months.  Otherwise the injured party may forever be barred from obtaining compensation regardless of the merits of their case. These statutes of limitations are completely different from cases involving a nongovernmental at-fault party. There are also many immunities that the government enjoys which, when applicable, will allow the government to avoid liability for damages caused by their actions or inactions. Government claims almost always involve litigation; usually by defense attorneys who specialize in representing municipalities, school districts, transit districts, and counties. Claims against the State of California are handled by the Attorney General's office.

Claims against the Federal Government are handled in accordance with Federal law and defended in Federal Court by the United States Attorney General's office. For Tort Claims against the Federal Government there is a two year statute of limitations. The entire view of settlement is different because almost always claims against individuals and businesses are handled by insurance companies. But government claims usually do not involve payments by insurance companies. Settlements require approval by the actual government entity.

Government Claims are expensive and have very special rules. For all of these reasons, any injured person who may have a government claim should contact Mr. Shapiro right away to obtain experienced legal representation in this area. He will determine whether your case has sufficient merit to take action against the government. You owe to yourself or your loved one to have the facts reviewed in a timely manner BEFORE it is too late to see if a viable case can and should be brought. Call today at 650-274-0180 or fill out the online form for your free consultation.



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851 Burlway Road, Suite 500, Burlingame, CA 94010
| Phone: 650-274-0180

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