The State's Tort claims Act in California - Research Paper Example

However, it is not everybody that is qualified to file a claim. There are steps that need to be followed in order to file a claim successfully. There are some basic information that must be in a typical claim form. One should also note that there are strict timelines that are set by the California Tort Claims Act and this claims act must be duly followed. Introduction The California State Torts Claims Act stipulates under sections 810-996.6 that before a lawsuit for money damages is brought against a government entity, there must have been a written claim that must have been drafted and presented within the 6-month timeframe and there are usually no exceptions to this rule (Fowler & Fleming, 1968).

This means that, one must be very conscious of the fact that they must have filed their cases within a particular frame of time as this would help to keep their options open. A resident of California that has been injured by the government must consider filing a claim even though, they do not intend to sue the government at the moment as this would help to protect their rights as citizens of the state and keep their options of suing the government open in the nearest future. In the tort claims act in California, there are certain procedures that must be followed when a claim is filed against a governmental entity for damages.

These procedures actually depend on the type of action that the aggrieved party is presenting before the court of law. One must try to find out from a reputable attorney on the applicable procedure for the claims and the timeframe that they must make the claim as the procedures followed usually depends on the type of damages done. Recognizing when it is necessary to file a claim The government of California might be sued for several reasons. One of the reasons that a citizen of California sues the government is if, the government has violated their fundamental human rights.

Other reasons that it becomes necessary to sue the government are if, the governmental entity is responsible for a death, damage to property or physical injury. If a resident of California is injured by the government, this injury is called a ‘tort’ and the claim that is filed is called the, “tort claim”, and the person filing this tort claim is usually the injured person and is usually called, the “claimant.” Thus, the California government code 905, 905.2 stipulates that in order to get money from the government for damages, the claimant must file a tort claim from the governmental entity (Fowler & Fleming, 1968).

People that are qualified to file a claim The only person or persons that are qualified to file a claim are person(s) that are filing claims on behalf of themselves or on behalf of someone that was injured. However, a clarification has to be made as to what constitutes an injury. An injury in this case does not necessarily have to be a physical injury, it can be violations on the fundamental human rights of the claimant or damage to the possession of the claimant. This clarification is made under the California Government Code section 910, 910.

2 (Fowler & Fleming, 1968). Steps to take to file a claim successfully The California State Government Code section 915 (a) stipulates that a person that is filing a claim against a local government entity or county