Among the most tragic and life-altering experiences anyone can go through is losing a loved one in a tragic accident. When a government worker or body is to blame for the deadly accident, it may be even more distressing to learn that the tragedy could have been avoided with proper safety measures.
This begs the question: may a person sue the federal government for wrongful death? The short answer is “yes,” although California has several exceptions and restrictions. In this article, Stockton wrongful death attorney highlights the crucial things to know when bringing a wrongful death lawsuit against a state or local government agency in California.
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Governmental Organizations Enjoy Sovereignty Protection
Did you know governments and government agencies are “immune” from being sued under American law? The concept of sovereign immunity is to blame for this situation. Simply expressed, the legal theory of sovereign immunity argues that the government could be sued without its agreement, including for injuries sustained and wrongful death.
There is a remedy to this dilemma. There are numerous exceptions written into federal and state law, allowing citizens to sue federal, state, and municipal government agencies for malicious prosecution in various situations.
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Acquire Knowledge Of The FTCA & CTCA
The Federal Civil Liability Act is a law that was passed shortly after WWII ended and makes it possible to sue federal agencies for wrongful death and other torts. Texas has a very similar specific law in place. State and municipal government agencies in California are no longer shielded from liability for torts by the doctrine of sovereign immunity, thanks to the CTCA.
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You Must Act Quickly To File A Government Claim For Wrongful Death
The Californian Tort Claims Act provides a legal basis for filing a wrongful death claim against a Californian government body. In general, California limits wrongful termination claims by a two-year limitation period. There is usually a two-year deadline from the decedent’s date of death before a claim can be filed against a private event defendant for wrongful death.
Nonetheless, the California Civil Liability Act imposes an additional (more stringent) timeframe. Any legal action, including a claim for wrongful death, must be taken against a government agency within six months of the decedent’s death, and a written notice of intent to sue must be filed with the appropriate court. Your right to file a claim for wrongful death may be lost if you wait too long after the victim’s death. Don’t procrastinate contacting a criminal death attorney in Stockton, California.
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Submission Of A Ctca Wrongful Death Claim Document
The California Tort Claims Act (CTCA) contains strict notification requirements that must be met before a wrongful death lawsuit against a local or state body can move forward in court. As mentioned above, you must file a formal claim within six months of a family member’s death. As soon as possible is ideal. Additionally, the following should be included in any written notification:
- Claimant(s)’ name(s) and address(es);
- Inquire about the time, date, & location of the deadly accident;
- In-depth information about the fatal incident, including the government’s responsibility; and
- Who exactly from the government or government agencies are at fault?
There is a lot that goes into any wrongful death lawsuit. They are extremely difficult to handle from a legal and emotional standpoint. Whenever the administration is the major defendant, it can be especially challenging to understand your role and how to proceed under the Californian Tort Claims Act. An accomplished wrongful death lawyer in Stockton can look out for your best interests.
CLOSING MUSINGS
Stockton’s wrongful death lawyers are bereaved families with sound legal counsel and empathy. The government has resources to assist families considering filing wrongful death claims against them. Get in touch with them Urdughr via phone or email to schedule a free and confidential consultation with an attorney.
