Wrongful Death Claims When the Government Is at Fault
Government claims for a wrongful death are those that are filed by a family when a loved one died due to negligence by the entity in charge. A claim against a government entity is similar to those filed in other personal injury cases. However, important differences exist, which means that having a lawyer experienced in handling government claims is important.
Can a Local, State or the Federal Government Be Sued?
The state, local or federal government could not be sued for injuries or a wrongful death because of sovereign immunity for many years. However, this began to change with the passage of the Federal Tort Claims Act in 1948. This act said that those who were injured on federal property or by a negligent employee with the government could claim compensation. Individual states followed suit, including California, in 1963 with the passage of the California Tort Claims Act. Enlisting the help of a lawyer who is experienced in breaking through government immunity can mean the difference between having your claim denied or collecting the compensation you deserve.
Types of Accidents That Occur on Public Properties
Public properties can include buildings, museums, parks, roadways, sidewalks and other locations that are either owned or controlled by a local, state or federal government. Some types of accidents that occur on these properties can include:
- Fatal motor vehicle crashes that occur because of a poorly maintained road
- Motor vehicle crashes caused by a government employee
- Malfunctioning traffic signals, missing signs or faded or blurred road lines and overgrown foliage
- Slips and falls due to uneven pavement or curbing, dangerous stairways, poor lighting and more that cause a fatal injury
- Deaths involving public transportation accidents where the driver is at fault
- Fatalities in a public pool such as drowning, slips and falls, electrocution and other hazards
- Playground fatal injuries to children from faulty, unmaintained equipment
- Deaths caused by tree branches that fall on public property
- Missing or damaged guardrails and handrails
Statute of Limitations for Government Claims
Government claims have a much shorter statute of limitations for filing. If a claim is filed late, the case will probably not be heard in court. For crop damage, personal property and personal injuries such as wrongful death, the claim has to be filed within six months from the incident. The claim has to be sent to the correct government agency, and the clock begins ticking on the date it was mailed. The government agency, if it is going to respond, must do so within 45 days. If the claim is rejected by the government agency, the claimant has a period of six months in which to file a lawsuit. If the agency does not respond, the person claiming the injury must file a lawsuit within two years. A lawyer with knowledge in the area of government claims will ensure that paperwork is filed on time and work hard to obtain compensation for the grieving family.
Following the Death of a Loved One
It can be difficult to know what to do to help following the death of the loved one, a friend, other family member or a coworker. Some ways in which to help include:
- Offer to babysit or run errands
- Send flowers, a card and call on the phone to express your sympathy if you can’t do it in person
- Bring or send over food or take the grieving person out to eat. People deep in grief often forget to eat.
- Remember to stay in touch following the funeral by phoning, visiting or planning outings with the grieving person.
Elk Grove Wrongful Death Lawyer
I’m Ed Smith, an Elk Grove wrongful death lawyer. If your loved one was lost due to negligence by a government entity, I would like to offer you my free and friendly advice. You can reach me at (916) 694-0002 in Elk Grove or (800) 404-5400. I can also be reached by using the online form.
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I’ve assisted Elk Grove residents in obtaining the compensation they deserve for their accident injuries since 1982 in all types of traffic accidents, government claims, wrongful deaths and more.
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