What are the basic steps for suing the government? Query to lawyer

1st question: We have had a serious injury on city land by an officer who hit my friend with his golf cart straight on. now what? Is there some process to sue the government?

A: There are specific steps you must follow in order to timely file a personal injury lawsuit against the California Tort Claims Act government. First, you must give notice to the government within a specified period, or you may lose your opportunity to seek monetary damages. Typically, this is six months from the date of the incident. Notice is in a written form which may include a report or letter as long as it contains all the essential requirements. Many government agencies and departments have claim forms that you can fill out and use instead.

The information must include: (a) your name and address, (b) where you want the notice to be delivered to you, (c) with the date, place and circumstances of the incident, (d) description of the loss and damages, ( e) the name of the public servant who caused the damage or loss, if known, and (f) the amount claimed. If the amount is less than $10,000, provide a calculation of the amount (and include an estimate of any future injury, damage or loss). But if the amount exceeds $10,000, no dollar amount should be included. In such a case, the notice must state whether the claim will be a limited civil matter (ie, $25,000 or less).

While the notice requirement is not that onerous, an early consultation with a lawyer is definitely advisable. In addition, the government often denies the claim, at which point you have a limited amount of time to file a lawsuit. Note that if the government does not respond to your claim notice within 45 days, the claim will be treated as rejected. Make sure you know the deadlines for both the notice and the lawsuit. And sending your notice by certified mail, return receipt requested, is a prudent option.

2nd Question: I fell down some rickety stairs at a county-owned park. Can I claim for my injuries?

A: California Government Code Section 835 stipulates that "a public entity is liable for injury caused by the dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury." Public properties are those owned by a public agency, which may include a park. You say the stairs were shabby, but I don't know if liability is going to be found. In cases involving alleged dangerous premises it is often important that they are inspected by an expert to assess the condition. If possible photographs taken before any remedial work is done can also be of great importance. Are there witnesses? In any event, take care to give the government the necessary timely notice (see first answer above).