Have you been involved in an accident that involves a public entity, specifically, a property or agency that’s owned by Orange County? If so, you are entitled to compensation through an injury claim, but the legal process to sue the government is very different than suing an individual or private entity. Under the California Tort Claims Act (CTCA), state, county, and city agencies are protected by “sovereign immunity,” meaning that they are immune from civil lawsuits or criminal prosecution in most cases. However, you can still demand monetary damages through proper notice of a claim against the agency that’s responsible for your accident.
Below is a list of the most common accidents involving an entity owned by Orange County, such as a government vehicle, building, public park, or transportation system:
- Slip and fall or trip and fall claim
- Pedestrian accident (being hit by a city or county vehicle)
- Auto accident with vehicle owned by Orange County
- Bus accident (Orange County Public Transportation)
- Train accident (Metrolink)
- Accident in Orange County-run school
- Assault and battery / sexual assault claims against city employees
- Tree branch / tree collapse accidents
- Workplace Injury accident
The claims system for Orange County can be difficult to navigate, but our attorneys are here for you every step of the way. We will help you understand your rights and legal options and fight to bring you maximum payment for your injuries. Call us today to discuss your claim with an Orange County accident injury attorney.
How to File an Injury Claim against Orange County
In order to file an accident claim against Orange County, you will need to make sure that the county is legally responsible (liable) for your injuries. Grounds that will allow you to seek compensation include:
- Acts of negligence by county employees
- Negligence by independent contractors hired by Orange County
- Accident resulting from hazardous conditions on government-owned properties (premises liability)
- Accidents caused by a government entity’s failure to obey the law.
If your case involved one of the above circumstances, you can obtain a “Claim for Money or Damages against the County of Orange” complaint form (online or in person) and submit it to the applicable office. Keep in mind that you only have six months from the date of your accident to file a claim for personal injury, wrongful death, or property damage that was caused by a government entity in California.
It’s important to be detailed as possible for sections like, “Describe the damage/injury/loss incurred so far as is known as of the time of this claim.” It’s not unusual for claims to be rejected due to insufficient information, and though you will be given additional time to amend your claim, it’s a good idea to avoid any unnecessary delays.
Another issue is figuring out the value of your claim, which is easy if you’re only considering economic damages like medical expenses, lost income, and property damage. However, you may be entitled to non-economic damages such as pain and suffering. You will need help from a knowledgeable personal injury lawyer to figure this out, as non-economic damages are based on intangible qualities, like pain, emotional trauma, and loss of enjoyment of life. One of our attorneys can help you estimate the right amount to ask for and ensure that you have the necessary evidence to back up your request.
Our Recent Verdicts and Settlements
$2.5 Million
$1.1 Million
$1.5 Million
$600,000
$525,000
$734,851
What happens after I File my Claim?
Once you submit your claim, the agency has 45 days to review your request and take action in one of the following ways:
- The agency approves your claim (partially or completely) and makes you a settlement offer.
- The agency sends back a notice of rejection (claim denial).
- The claim is sent back due to insufficient information.
- The claim is rejected for exceeding the 6-month filing deadline.
Another possible outcome is that the agency fails to respond in any way within 45 days. The claim is deemed rejected due to their failure to respond, which means you can file a petition with the court to sue Orange County for your accident. If the court grants your petition, you must file your lawsuit within 30 days. You can appeal the court’s decision if they reject your petition, but it’s strongly recommended that you work with a California personal injury attorney throughout the entire process. In most cases, legal representation can make the difference between a successful lawsuit and permanently losing your right to recover compensation.
Third Party Liability for Workplace Injuries
If you were injured by a government-owned entity while you were performing your job duties, you must file a workers’ compensation claim to recover your medical expenses and lost wages. This is done through your employer, who will assign you a physician from their provider network and give you the necessary forms to file with their insurance company. It’s a relatively straightforward process, but what if there is another party that’s responsible for your injuries?
If your accident was due to negligent or reckless behavior by an Orange County worker or entity, you may have grounds for a third-party liability claim. This type of legal action can be filed while you are receiving workers’ compensation. This is important, as most workers’ comp payments are fairly minimal, since they do not include pain and suffering, emotional distress, and other damages you may be entitled to. Thus, it’s essential to pursue all your available legal options with help from one of our attorneys. For more information on how to sue Orange County for a workplace injury, please give us a call at our office.
How long do I have to File a Lawsuit?
The amount of time you have to file a lawsuit, known as the statute of limitations, depends on what happens within 45 days after you submit your claim. If Orange County gets back to you within that time and rejects your claim in writing, you have 6 months to file a lawsuit with the court. If you don’t hear back from the county within 45 days, you can consider this to be a denial of your claim by default. In these situations, you will have two years from the date of your accident to sue Orange County.
What are these Cases worth on Average?
There’s no set amount of damages that can be attributed to government agency lawsuits as a whole. For one thing, each victim is entitled to specific damages based on their accident and the extent of their injuries. These damages typically include medical costs, lost wages, pain and suffering, and property damage. The amount that’s due for each of these losses will vary from person to person.
On the lower end, a California government agency claim may be worth around $15,000 to $50,000, while cases involving severe injury and/or extensive property damage can bring in settlements of one to several million dollars. A personal injury lawyer at our office can help you determine a fair amount of compensation to ask for.
How long is the Settlement Process?
When we set out to represent a client, it’s always our goal to negotiate a settlement and recover their payment within 6 to 8 months. That timeline can increase, however, depending on numerous factors such as the severity of your injuries and the legal actions we will need to take on your behalf. For example, if your claim is rejected or you do not hear back from the agency within 45 days, we will need to move forward with a lawsuit. At this point, it can take two or more years to fight for the compensation you deserve.
Legal Advice from an Injury Accident Attorney
On the one hand, it is certainly possible to handle an injury claim against the government on your own. Then again, there’s no denying that these claims involve numerous, complicated procedures. It’s easy to get confused and make mistakes that will cause your claim to be rejected. Representation from a lawyer experienced with government agency claims is highly recommended, especially if you have serious injuries that have left you with long-term physical and mental health issues.
Normandie Law Firm is ready to assist you, with our many years of experience in the recovery of accident injury settlements. We will do the heavy lifting in your case and fight tirelessly for the damages you deserve. In the meantime, you won’t be charged for any legal fees, as we work on contingency. That means we don’t get paid until we recover your settlement award.
Our services, by the way, aren’t just for those who are starting out on their journey to recovery. If you have an active case with another law firm and need a second opinion, don’t hesitate to give us a call. It’s always a good idea to get a second opinion if you have concerns about what’s going on with your case. This is your chance to receive a free consultation from one of our lawyers and get their advice on how to put your case back on the right track.
If you’re ready to explore your legal options as an injury victim, please contact our office to schedule a free, no-obligation case review.
Other Pages on Our Website Related to This Topic
Orange County Water Polo Coach Convicted of Sexual Assault
How to get a Death Certificate from the Orange County Coroner’s Office
Orange County Spanish-Speaking Car Accident Attorney
