Can I Still File a Claim If the Accident Happened on Public Property?

If you’ve been injured in an accident on public property, you’re likely wondering if you can still file an insurance claim or lawsuit. The good news is that, yes, you can. As taxpayers, we have the right to expect that public entities will maintain safe environments.

Property owners can be held liable if they are aware of hazardous conditions and fail to address them. However, swift action is essential, as filing a claim for public property claims can have much shorter deadlines.

Our Los Angeles slip-and-fall accident lawyers can help you protect your rights and get paid for your injuries.  Here’s what you need to know about filing claims when you’re hurt on public property.

Understanding Liability on Public Property

In California, public entities, such as cities or counties, can be held liable for accidents that occur on their property. This means that if you’re injured due to the negligence of a public entity, you may be able to file a claim to recover damages.

However, public entities are not automatically liable for all accidents on their property. Instead, they can only be held liable if they were aware of the hazardous condition and failed to take reasonable steps to address it or if they created the hazardous condition themselves.

Some key considerations in public property accident cases include:

• The statute of limitations for filing a claim against a public entity in California is typically six months, shorter than the standard two-year statute of limitations for personal injury claims.
• Public entities may claim immunity from liability under certain circumstances, such as if a natural condition on the property caused the accident.
• It’s essential to gather evidence promptly, including photographs, witness statements, and incident reports, to build a strong case against the public entity.

Types of Accidents that Can Happen on Public Property

Accidents on public property can occur in several ways. Slip-and-fall accidents, for instance, can occur due to uneven sidewalks, potholes, or uncleared snow and ice. These types of accidents can result in severe injuries, including broken bones, head trauma, and even death.

Some common types of accidents that can happen on public property include:

• Slip and fall accidents due to uneven sidewalks, potholes, or uncleared snow and ice
• Dog bites when pet owners fail to keep their animals on a leash or under control
• Bicycle accidents occur when riders collide with pedestrians, other bikes, or vehicles or encounter hazardous road conditions
• Pedestrian injuries resulting from traffic collisions, poor lighting, or inadequate signage

Gathering Evidence After a Public Property Accident

You must gather evidence before filing a claim after being injured on public property. It is crucial to prioritize gathering evidence to build a strong case. The sooner you start collecting evidence, the better, as it can help to establish liability and prove the extent of your injuries.

If possible, take photos of the accident scene, your injuries, and any property damage. Also, get the contact information of any witnesses, report to the known authorities or owners of the public property, and file a formal accident report.

Some other crucial pieces of evidence to collect include:

• A record of your medical treatment, including doctor’s visits, medication, and therapy sessions
• Documentation of lost wages or income due to your injuries
• Any communication with the property owner or manager, such as emails, letters, or phone calls

Filing a Claim Against a Government Entity

Filing a claim against a government entity can be challenging, but winning is possible. However, to increase the chances of a successful claim, government entities have specific procedures and timelines that must be followed. Failure to comply with these requirements can result in the claim being denied or delayed.

These requirements include:

• Filing a formal claim with the government entity within a specific timeframe varies depending on the jurisdiction and type of claim.
• Providing detailed documentation of the accident, including evidence, witness statements, and medical records.
• Being prepared to negotiate with the government entity’s representatives, who may try to minimize their liability or shift the blame to the claimant.

Working with an experienced attorney who has previously handled claims against government entities is vital to ensuring the claim is prepared and presented according to the required standards. 

Time Limits for Filing a Public Property Accident Claim

The deadlines for filing a claim vary depending on the circumstances of your case. For instance, the California Tort Claims Act requires claims against government entities to be filed within six months of the incident. On the other hand, claims against private entities, such as contractors, have a two-year statute of limitations.

There are certain situations in which filing deadlines can be extended. These include:

• If you were a minor at the time of the accident
• If the responsible party is unknown

In these situations, consulting with an attorney who can guide you through suing a government entity is essential. Once the time limit runs out, you cannot win in court.

How Our Lawyers Can Help You File a Claim Against a Public Property Owner

Dealing with an accident on public property can be overwhelming. You may not even know who to contact to make an insurance claim. Without proper guidance, it’s easy to get lost in the bureaucratic red tape and miss your chance at compensation.

Our team can help you file a claim if you’ve been hurt on public property. We’ll handle the paperwork, communication with the liable parties, and negotiations so you can focus on your recovery.

This includes:

• Advancing all costs, so you don’t have to worry about a thing
• Handling all communication with the liable parties, taking the stress off your hands
• Negotiating with insurance companies to get you the best possible outcome

By having a lawyer at your side, you can rest assured that you’re in good hands and can focus on what matters most — your recovery. Contact J&Y Law for more information on how to sue a public entity for a slip and fall claim.