Can You Sue the Government? Here’s When You Can

Can You Sue the Government? When most people think of lawsuits, they imagine suing another person, a business, or maybe even an insurance company. But what if the party responsible for your injury, loss, or damage is the government itself? Can you sue a city, county, state, or even the federal government? The short answer is yes, but not in the same way you had sued a private person or company.

Suing the government comes with a special set of rules, strict deadlines, and unique limitations. This blog will provide details about how it works, especially under California law, so you can understand your rights and the steps you need to take.

Can You Sue the Government? Here’s When You Can-Overview 

Why Suing the Government is Different

For a long time, the rule was simple as you could not sue the government at all. This idea, called “sovereign immunity,” comes from English law and essentially meant “the king can do no wrong.” Over time, laws changed to recognize that governments can make mistakes, and people should have a way to seek justice.

But even today, governments protect themselves with special rules. That’s where the California Tort Claims Act comes in. This law says that before you can take the government to court, you first have to file a written claim with the government agency involved. Only after following that process, and only under certain circumstances, can you actually file a lawsuit.

The California Tort Claims Act

The California Tort Claims Act applies to public entities like state agencies, counties, cities, and even government employees. It covers claims for things like personal injury, property damage, wrongful death, or breach of contract when the government is at fault.

The purpose of this law is two fold:

1. It gives the government a chance to investigate the claim, settle it, or fix the problem before heading into court.
2. It ensures that lawsuits against public entities are handled fairly and in an organized way, since the government deals with countless claims each year.

Deadlines: When to File a Claim

One of the most important parts of the process is filing on time. The law sets strict deadlines depending on the type of claim:

• Within 6 months of the incident if your claim is for:
  • Personal injury
  • Property damage
  • Wrongful death
    
• Within 1 year of the incident if your claim is for:
  • Breach of contract
  • Damage to real property such as land or buildings
  • Certain equitable claims

If you miss the deadline, your case may be prohibited. In some rare situations, you can ask for permission to file a late claim, but you must show a valid reason such as mistake, surprise, incapacity, or even the death of the person with the claim. Simply saying “I didn’t know the law” is not enough. And even with a valid excuse, you must act within one year of the incident.

How to File a Government Claim

The process of filing depends on whether your claim is against a local government or the State of California.

• Local entities such as city or county: You usually file directly with the governing board or clerk. Many agencies have their own claim forms on their websites.
  
• State agencies: Claims are filed with the California Department of General Services, Office of Risk and Insurance Management.
  

If no official form is available, you must draft your own written claim. This document should include:

• Your name and contact information
• The address where you want notices sent
• The date, place, and details of what happened
• A description of your injuries or damages
• The name of the government employee involved, if known
• The amount of money you are claiming

Government Immunities

Even with these rules in place, the government does not open itself up to lawsuits for every mistake. Public entities are only liable if the law specifically allows it. This means that in some situations the government may be immune even if you were harmed.

For example, the government may not be liable for certain policy decisions, discretionary actions, or specific areas where immunity is written into the law. That is why it is critical to understand the exact legal grounds for your claim before moving forward.

Federal Claims

As discussed about suing under California law, but what if your issue is with a federal agency? In that case, the Federal Tort Claims Act (FTCA) applies. The process is similar: you must first file a claim with the appropriate federal agency before filing a lawsuit in court. The same principles that are deadlines, detailed forms, and strict procedures apply.

Final Thoughts

Suing the government is possible, but it is not simple. The California Tort Claims Act and the Federal Tort Claims Act are designed to give citizens a path to justice while protecting public agencies from being overwhelmed with lawsuits. The key takeaway is if you think you might have a claim, act quickly, follow the proper steps, and make sure you understand the deadlines.

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