Setareh Law
June 4, 2025
When government negligence causes personal injuries, victims face unique legal hurdles not present in standard cases. Suing a government entity—whether federal, state, or local—requires navigating specialized procedures, strict deadlines, and immunity laws designed to protect public agencies. Without proper guidance, injured individuals may lose their right to compensation before they even begin.
At Setareh Law, we have extensive experience helping clients pursue personal injury claims against government entities throughout California. Our attorneys understand the complex requirements involved in these cases and are committed to guiding you through each step of the process to maximize your chances of recovery.
Understanding Sovereign Immunity and Its Exceptions
Historically, government entities enjoyed complete immunity from lawsuits. Today, while this protection has been partially waived, significant limitations still exist on when and how you can sue government agencies.
The Federal Tort Claims Act (FTCA) allows individuals to sue the federal government in certain circumstances, while the California Tort Claims Act establishes procedures for claims against state and local entities. Both laws have strict requirements and exceptions you must navigate carefully.
The Process for Suing a Government Entity in California
Successfully pursuing a claim against a government entity requires following specific procedures:
Step 1: File an Administrative Claim
Before filing a lawsuit, you must submit a formal administrative claim with the appropriate government agency within six months of the injury. This claim must:
- Include your contact information
- Provide a specific description of the incident, including date, location, and circumstances
- Describe your injuries and damages
- State the dollar amount claimed
- Be submitted on the government entity’s official claim form (if required)
This administrative filing requirement gives the government an opportunity to investigate and potentially resolve your claim without litigation. Even minor omissions on these forms can jeopardize your right to compensation.
Step 2: Wait for the Government’s Response
After receiving your claim, the government entity has 45 days to respond by accepting the claim, rejecting it outright, or taking no action (which counts as a rejection after 45 days). Most claims are denied, but this denial is necessary before proceeding to a lawsuit.
Step 3: File a Lawsuit
If your administrative claim is denied, you have only six months from the date of rejection to file a lawsuit. If you never receive a formal rejection notice, you generally have two years from the date of injury to file suit.
Challenges in Government Entity Cases
Several additional challenges make these cases particularly difficult:
Damage Caps and Limitations
Many government claims laws place strict caps on the types and amounts of damages you can recover, including limitations on non-economic damages and prohibitions against punitive damages.
Proving Liability
Government entities often have specific immunity protections for certain functions. To overcome these protections, you must demonstrate that the injury resulted from an operational function rather than a discretionary one or that the government created a dangerous condition on public property.
How Setareh Law Can Help With Your Government Claim
Navigating a personal injury claim against a government entity requires specialized knowledge and attention to detail. Our attorneys at Setareh Law can assist by ensuring all administrative claims are properly completed and timely filed, gathering compelling evidence that overcomes immunity defenses, and representing you throughout negotiations and litigation if necessary.
Our experience with these specialized claims allows us to anticipate and address the unique challenges they present. We work diligently to preserve your rights at every stage and pursue maximum compensation despite the additional obstacles.
Contact a California Personal Injury Attorney Today
If you’ve been injured due to government negligence, acting quickly is essential to protect your legal rights. The attorneys at Setareh Law bring over 20 years of experience handling complex personal injury cases throughout California, including claims against various government entities. Our multilingual team provides personalized guidance tailored to your specific situation.
Don’t let procedural hurdles prevent you from seeking the compensation you deserve. Contact us today at (310) 659-1826 or through our contact form to schedule a free consultation and discuss your options for pursuing a government entity claim.
