Bakersfield, CA asked in Personal Injury, Construction Law, Wrongful Death and Municipal Law for California

Q: How to file a lawsuit against the county

3 Lawyer Answers
William John Light
William John Light
  • Santa Ana, CA
  • Licensed in California

A: If it is a personal injury claim, you have to first file a Government Claim with the Board of Supervisors. If it denies the Claim, you can then file a lawsuit against the County. I don't recommend doing this yourself.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Municipal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Filing a lawsuit against a county in California requires several specific steps. First, you need to determine the legal basis for your lawsuit. This involves identifying the specific actions or inactions by the county that you believe have harmed you and how they violated the law or your rights.

Before filing a lawsuit, California law requires that you file a claim with the county itself. This is known as a government claim, and it must be filed within six months of the incident for most types of claims. The claim form can typically be obtained from the county's website or administrative office.

Once you've submitted the claim, the county has 45 days to respond. If the county rejects your claim or does not respond within this time frame, you then have the option to file a lawsuit in court. The lawsuit must be filed within six months of the claim's rejection or the expiration of the 45-day period.

In the lawsuit, you will need to state your case, including the facts of the incident, the legal basis for your claims, and the damages you are seeking. Given the complexity of suing a government entity, it's advisable to seek legal advice to guide you through the process and ensure that your case is properly presented.

Remember, lawsuits against government entities can be challenging and involve specific procedural rules, so it's crucial to understand these requirements to effectively pursue your claim.

Tim Akpinar
Tim Akpinar
  • Construction Law Lawyer
  • Little Neck, NY

A: One of the primary things to keep in mind, based on the limited details in the post, is that such lawsuits could involve notice of claim requirements - a California lawyer could advise definitively on these, if applicable. Good luck

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