Slip and Fall on Public Property in California? Here’s How to File a Claim
Any slip and fall can be devastating, causing you serious injuries and financial loss. But when your fall is on public property, the situation is even more complicated. Taking legal action against the government is a lot more challenging than pursuing a claim against a private party, and it’s important to choose the right slip and fall lawyer for your claim. That’s where DeWitt Algorri & Algorri, LLP can help.
With our extensive experience in personal injury law, our slip and fall attorneys should be your first call after a fall on public property. The attorneys at DeWitt Algorri & Algorri, LLP can fight aggressively on your behalf—even when the government is claiming you have no right to compensation. Call us at 855-WINNING (946-6464) to learn more about your options now.
Knowing Who’s Responsible for Public Property
One of the first steps you’ll need to take after a slip and fall is figuring out who is responsible for a piece of public property. Depending on where the accident occurred, the city, county, or state may be responsible for maintaining it and preventing accidents. You may want to consult the county recorder’s office or your city hall. They’ll be able to tell you if they are the party that oversees the property in question, and if they aren’t, they can likely direct you to the agency that is. Your slip and fall attorney can then guide you through the next steps.
The Challenges of Claims Involving Government Agencies
When you have a legal claim against a private party, the process of seeking compensation is fairly straightforward. You report the accident to their insurance company, get an estimate of your losses from your attorney, and go through negotiations. Generally, you agree on a settlement amount, and the process is done. This is all done to avoid going through with a lawsuit, although you can sue the other party at any time.
Government claims are not nearly as cut-and-dry. Before you can even legally pursue a lawsuit, you must file a claim fitting the requirements of the California Tort Claims Act. At that point, the government will review the claim and decide whether or not they want to settle the claim. This often involves an investigation. From there, you can pursue a lawsuit if their proposed remedies are not adequate.
One of the main challenges of a government lawsuit is the timeline. In California, claims involving injury to a person must be filed within six months of the incident. In comparison, the statute of limitations for a claim involving a private party is two years. Your slip and fall lawyer can help you work within this shortened timeline.
Filing a Government Claim
Claims involving the California government go through the Government Claims Program, which is overseen by the California Department of General Services. You must fill out and submit a Government Claim Form, which has a $25 fee associated with it. Additionally, you should submit any supporting documentation you have. This is where a slip and fall law firm can help; you want to present as much evidence as you would if you were creating a personal injury claim. The government isn’t quick to part with its money, and the more evidence you have, the harder it is for them to avoid settling in a way that’s fair to you.
After you submit your claim, the GCP will determine whether or not you submitted it on time, if there’s enough information and evidence to support it, and if it falls within the government’s jurisdiction. They typically work with the agency responsible for your claim to try to find a fair resolution. You may receive compensation in the form of a settlement at this stage. If the government declines to offer a settlement or otherwise attempt to rectify the situation for you, you may then pursue a lawsuit against them. From there, your slip and fall law firm will help you understand what to expect and how to prepare.
Reach Out to DeWitt Algorri & Algorri, LLP Today
If you’ve suffered a slip and fall on public property, don’t give up on your right to seek compensation. While claims against the government may be more challenging than private party claims, we’re here to help you fight for what you deserve. Call us at 855-WINNING (946-6464) or reach out online to get started.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
