Government Claims

When your injury involves a public entity, the rules of the game change immediately. Unlike a standard personal injury case where you typically have two years to file a lawsuit, claims against the government are governed by the California Government Claims Act.

The most important thing to note at the outset is that when your claim is against the government, you only have six months to file a formal administrative claim under California Government Code § 911.2. If you miss this narrow window, you may be forever barred from recovering compensation, regardless of how clear the government's negligence was.

Many people don’t realize they are dealing with a public entity until it’s too late. Common scenarios include:

• Vehicle Accidents: A collision with a police car, fire truck, city bus, or any other government-owned vehicle.
• Premises Liability: Injuries caused by an unsafe public walkway or sidewalk.
• Infrastructure Failures: An accident caused by a malfunctioning streetlight or an unsafe roadway design.
• Public Transit: Injuries sustained on Metro, BART, or other municipal transit systems.

Because identifying the correct responsible party can be difficult, our practice is to file a protective claim with every government entity that might be responsible—including the city, county, and state, as well as any neighboring jurisdictions if the incident occurred near a borderline.

When it comes to government claims, it is critical to hire an attorney right away to ensure no deadlines are missed. If you choose to proceed without counsel, you must ensure the claim is filed with the appropriate entity's clerk or governing body.

Once a claim is filed, the government has 45 days to respond.

• If they deny the claim: You then have exactly six months from the date of the denial to file a lawsuit in court.
• If they fail to respond: The claim is "deemed rejected" by operation of law. While this technically may provide more time, our firm treats every case with urgency—it is always best not to count on extensions that may be subject to legal challenge.

While claims against California public entities are strict, federal government claims follow an entirely different framework under the Federal Tort Claims Act (FTCA). If you are injured by a federal employee—such as in a collision with a USPS vehicle or an accident on federal property—the timelines and procedures shift significantly:

• Extended Filing Window: Unlike the six-month state deadline, you generally have two years from the date of the injury to file an administrative claim with the responsible federal agency.
• Administrative Exhaustion: You cannot jump straight to a lawsuit. You must first "exhaust" your administrative remedies by filing a specific form (typically Standard Form 95) that includes a "sum certain" demand for damages.
• Constructive Denial: The federal agency has six months to respond to your claim. If they fail to do so, it can be treated as a "constructive denial," allowing you to move forward with a lawsuit.

Navigating the federal bureaucracy requires a sophisticated approach. Federal agencies often have different habits and settlement strategies than local municipalities. Whether your case involves a local city or the federal government, we provide the elite representation needed to handle these high-stakes claims.

 Whether your case is local or federal, Taylor Law Firm always provides "white-glove" treatment while spending the time necessary to navigate these complex bureaucracies.

We offer Direct Attorney Access to ensure your claim is handled with the integrity required to take on government giants. And as always, our Net Recovery Guarantee* means our fees will never exceed your take-home settlement.

*Net Recovery Guarantee: Attorney’s fees will be calculated as a percentage of the gross recovery. However, Taylor Law Firm guarantees that total Attorney’s Fees will never exceed the 'Client’s Net Recovery' (the amount the client receives after all Attorney’s Fees, litigation costs and medical liens/reimbursements have been paid). If the calculated fee would result in the attorney receiving more than the client, the fee will be voluntarily reduced to ensure the client receives the majority of the settlement.