Legal Time Limitations for Claims Against Government Entities for Negligence

Claims against government entities for negligence can be challenging due to legal and procedural requirements. When an individual is injured as a result of government entity negligence, quick action is necessary to preserve the right to compensation. 

When individuals sustain injuries due to negligence on behalf of the government, such as accidents caused by the poor maintenance of roads, an accident involving a public transportation company such as a public bus or train,  or an accident that caused by a dangerous condition on a public road, Those injured individuals may be able to recover damages. However, it is essential to understand the legal time limitations and procedures for filing a claim against a government entity. The statute of limitations, or time limit, for filing a claim can vary based on several factors, such as the state in which the incident occurred, the nature of the claim, and other procedural requirements.

The statute of limitations for filing a claim against a government entity can vary depending on the state in which the injury occurred. California, for example, imposes a Six months or  180-day deadline from the date of injury to file an administrative claim with the relevant government agency. If the claim is not resolved within 45 days, the claimant may then file a lawsuit. In some circumstances, such as a wrongful death case, the deadline to file a claim is shortened to 90 days.

Similarly, the state of New York requires that a claim against a government entity must be filed within 90 days of the incident. However, the deadline may be extended if the claimant is incapacitated and unable to file a claim. In other states, such as Texas, the statute of limitations for making a claim against a government entity is two years.

It is crucial to note that there are also other procedural requirements for filing a claim against a government entity. For example, in some states, the claimant must provide notice of the claim to the government entity before filing a formal lawsuit. Failure to comply with these procedural requirements can result in the dismissal of a claim.

In conclusion, claims against government entities for negligence can be challenging due to legal and procedural requirements. The statute of limitations for filing a claim against a government entity can vary based on the state in which the injury occurred, the claimant’s age, and other procedural requirements. It is essential to consult with an attorney experienced in handling cases against government entities to ensure compliance with the legal requirements and time limitations.

References:
– California Government Code § 911.2
– State of New York Court of Claims Act § 10
– Texas Civil Practices and Remedies Code § 101.101
– National Conference of State Legislatures: Time Limits for Filing Claims Against Governments
– FindLaw: Time Limits for Filing Suit Against the Government

Eduard Braun, ESQ
Law Office of Eduard Braun, P.C.
877-533-4529
www.ebraunlaw.com