A car accident can result in various losses, including medical injuries and property damage to your car. In most cases, you would exchange insurance information and file a claim with the at-fault driver’s insurance company. However, things are not so simple if you were injured by a government employee or agency. That’s precisely the case if you were in an accident with a van from the coroner’s office.
A coroner or medical examiner is a government employee at the county level, and as a result, they are protected under the California Tort Claims Act (CTCA). This doesn’t mean you are ineligible for compensation if you were rear ended by a coroner van or suffered some other type of car accident-related injury. But there are specific procedures for recovering damages from a government entity. Not following these rules can invalidate your claim for monetary compensation. In this article, we will go over this process and address important questions such as:
- How do I file an injury claim against the coroner’s office?
- How long do I have to file a claim if I was hit by a coroner’s van?
- What options do I have if my claim is rejected?
These questions deal with the basic elements of a car accident case against a government agency. But each case is different with its own set of damages and personal circumstances. For information specific to your own case, speak to a coroner van accident lawyer without delay.
Injury Claims under the California Tort Claims Act
The CTCA covers injury claims for “money or damages” in cases such as slip and falls, car accidents, and medical malpractice. Under these laws, a government agency or entity is responsible for the negligence of their employees while they were acting within the scope of their job duties. Thus, if a coroner’s office employee hit you or your car with their van, you may be eligible to file an injury claim with the applicable agency.
It can be confusing to determine the right agency for your injury claim. As a general rule, claims against city or county agencies (like the coroner’s office) can be filed online at the city level. For example, the City of Los Angeles has a “Claim for Damages” portal online, where victims can submit a new injury claims or update an existing claim. While this is a convenient way to request compensation, the form itself can be overwhelming for the average person. There’s a lot of information you’ll need, including diagrams / photos of the accident location and medical information from your doctor.
With the complexities involved, it’s by no accident that most claim forms have a section for “Attorney Information.” Many victims don’t think to hire an attorney until their claim is rejected, but it may be in your best interest to seek legal counsel right away. Any mistakes or missing information can result in the agency denying your claim, which is big waste of time and effort. Our coroner van accident lawyers will ensure that your claim is filled out correctly and filed in a timely manner. That brings us to another important issue: statute of limitations.
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Statute of Limitations to File a Coroner Van Accident Injury Claim
If you’ve ever been involved in a civil lawsuit, you may be aware that victims normally have two years from the date of their accident to file a car accident injury claim. Unfortunately, the amount of time to claim compensation is lot shorter if you’ve been injured by a coroner’s van.
Under the CTCA, injury claims against a government agency must be filed within 6 months of the accident date. The agency must respond to you within a certain timeframe – usually 45 days – with an acceptance or rejection of your claim. If you do not hear back from the agency at all within 45 days, you have the right to file a civil lawsuit. But what if your claim is rejected? What are your rights in that case?
What are my Rights if My Claim is Rejected?
You can proceed with a lawsuit for damages if the government agency denies your claim in writing. You generally have 2 years from the date of your injuries to file a lawsuit, but there are some exceptions to this rule. Depending on the type of damages you’re suing for, you may only have up to 1 year from the accident date to sue the applicable agency. According to the Judicial Branch of California, “The statute of limitations for government claims can be complicated to figure out. Talk to a lawyer if you have any doubts about how much time you have.”
We agree with the Judicial Branch and will be happy to advise you on any exceptions that are available to you. Give us a call today and speak with a coroner negligence lawsuit attorney.
Can I Switch Lawyers in the Middle of a Case?
Yes, in California, you can change lawyers in the middle of a car accident case. A lot of clients go through phases where they are unhappy with their lawyer. The most common complaints have to do with lack of communication, or pressure to agree to a low settlement. You may also suspect that your lawyer lacks the experience for your type of lawsuit, which is a big concern once you’re at the lawsuit stage.
If you’re struggling with these problems, you may be wondering about the pros and cons of switching to another law firm. An experienced personal injury lawyer is the best person to speak to about these issues.
Free Second Opinions
As we mentioned, changing lawyers is big decision that should not be made lightly. There are consequences for switching counsel in the middle of a case, which we would like to discuss with you during a free second opinion consultation. We will also review the work that’s been done on your case so far and give you an honest assessment of your attorney’s service. That way, you can confirm your suspicions and make sure you are making the best choice for your needs.
If you decide to let us handle your case, we will notify the court as well as your attorney of your change in counsel. We can also negotiate a split fee agreement with your current law firm and ensure that they are fairly compensated for their work. All these services are free, as well as anything else that’s needed to recover your settlement award.
Please give us a call and schedule your free second opinion with one of our attorneys.
The Car Accident Lawsuit Attorneys of Normandie
The damages from a car accident can be life-changing, yet many victims are cheated out of the funds they desperately need to move forward with their lives. Lack of legal knowledge is typically the reason behind their loss, which is why it’s crucial to speak to a lawyer right away.
Is the fear of legal fees keeping you back from talking to an attorney? If so, let us put your mind at ease by telling you about our Zero fee guarantee. Under this policy, there is no upfront cost for any of our services, starting from your initial consultation. Our payment is deferred until you recover the compensation you deserve. And if we don’t win your case, we eat the costs because as we always say, “We don’t get paid unless you get paid.”
There’s no risk in taking a chance and scheduling a free consultation with one of our attorneys. Contact the lawyers of Normandie and take action in a car accident claim against the coroner’s office.
