How to File an Accident Injury Report against San Mateo County

Did you sustain injuries from an accident that was caused by a San Mateo County employee? Were you harmed on a county-owned property due to a dangerous condition that should have been repaired or removed? If so, you may have a claim for monetary compensation against San Mateo County. However, suing a government agency in California is very different than suing a private individual of business. These lawsuits are governed by the California Tort Claims Act, or CTCA, which protects state, county, and city agencies from most types of lawsuits. However, there are exceptions to the rule that will allow you to pursue an accident claim.

Considering the challenges you are likely to encounter, it’s in your best interest to find an accident injury lawyer that’s experienced in lawsuits against government entities. To discuss the legal options that are available to you, please schedule a free consultation with one of our attorneys. We handle injury claims for all cities in San Mateo County, including South San Francisco, Daly City, Palo Alto, San Bruno, Burlingame, San Mateo, Menlo Park, Pacifica, and Redwood City. Below is a list of just some of the accidents we can assist you with:

• Sidewalk accidents
• Slip and fall or trip and fall injuries
• Accident with county vehicle / truck – fire truck and ambulance accidents
• Public transportation accidents
• Injuries in schools run by San Mateo County
• Assault claims, including sexual assault claims against city employees

How to File an Accident Injury Report against San Mateo County

Before you begin the claims process, you must verify that the reason for your accident meets one of the qualifying conditions under the CTCA. Basically, a government agency in California is legally liable for damages under the following circumstances:

• Injuries and accidents in county-owned property or lands due to hazardous conditions (premises liability).
• Negligence or misconduct by employees of a county agency or service.
• Negligence by independent contractors hired by San Mateo County.
• Injuries and/or property damage stemming from a government agency or their employees failing to carry out a legally imposed duty.

If the county is legally responsible for causing you harm, you must complete a “Claim against the County of San Mateo” complaint form, which you can find online or pick up in person from the County Government Center. Keep in mind that this form must be submitted to the county within six months of your accident date. Should you miss the deadline to file your complaint, you will be barred from seeking compensation from the county, even if you have solid evidence of their liability.

To maximize your chances for a successful claim, be detailed as possible when asked about your injuries, property damage, and other losses that you’ve sustained from the accident. You must have evidence to support your compensation demands, especially when you are describing how the county or one of its employees is responsible for your injuries. If the information you provide is unclear or insufficient in any way, the form will be returned to you. Though you can amend the form and send it back, this will certainly add to the amount of time it will take to settle your case.

Our law firm is here for you if you need assistance with the filing of a compensation claim against San Mateo County. Please reach out to us for a free consultation with one of our attorneys.

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What happens once I Submit the Claim Form?

Once you’ve completed the form, attached the necessary evidence, and submitted your claim to the applicable county agency, one of several things will happen within 45 days:

• The claim will be fully or partially approved by the county, and you will be offered a settlement.
• The claim will be denied by the county, typically through a notice of rejection. At this point, you can move forward with the lawsuit process.
• The claim is returned to you with a request for more information or clarification on certain issues.
• The claim is denied because you were past the 6-month statute of limitations to file a government agency claim.

Now, you may be asking yourself, “What if 45 days has gone by, and I haven’t received a response from San Mateo County?” In that case, your claim is deemed rejected by default, so you can go ahead with a lawsuit against the county. The process begins by filing a petition with the court, so that they can grant you permission to sue a public entity. Once your petition is approved, you only have 30 days to file your lawsuit. In the event your petition is rejected, you can appeal the decision, but overturning an appeal is very challenging, so it’s highly recommended that you hire an attorney to help you.

How much is a Lawsuit against San Mateo County Worth?

Many clients ask us about average case values for an injury claim against San Mateo County, but in reality, no two accident cases are the same. Based on how seriously you’ve been injured, the degree of negligence by the county, and many other factors, your lawsuit may be worth anywhere from $15,000 to over $1 million. Of course, minor accident claims may be worth less, while lawsuits involving lifelong health issues may be worth more.

The important thing is to seek help from a knowledgeable San Mateo County accident injury attorney. That way, you can discuss the losses that are specific to your own case and determine a fair amount of compensation to ask for.

Length of Time to Settle a San Mateo County Accident Claim

As with any personal injury case at our law firm, our goal is to bring you the damages you deserve within 6 to 8 months. However, that timeline may be extended by various factors that we cannot foresee ahead of time. Whether you can settle your claim with the county is a big factor, since you will have to proceed with a lawsuit if your claim is rejected. The lawsuit process can take one or more years, depending on the legal actions that are necessary, which is why the process of settling a government agency claim can take up to several years.

How long do I have to File a Lawsuit?

The statute of limitations to sue San Mateo County depends on what happens after you submit your claim form. If the county agency sends you back a written notice of rejection within 45 days, you have 6 months to petition the court for permission to file a lawsuit. On the other hand, if you get no response at all within 45 days, you have two years to sue the county for compensation. Keep in mind that the 45 day period may not be exactly 45 days after you submit your form, since you have to account for mailing and processing time. We can help you verify whether you are within the right time frame to file a lawsuit, so don’t hesitate to give us a call.

Do you Provide Second Opinions?

Yes, we offer second opinion consultations if you have an active San Mateo County accident claim with another law firm. A second opinion on your case can be helpful in many ways, especially if you have concerns about your attorney’s handling of your case. Even if it seems like a minor issue, there’s no harm in coming by to see us for a free case review. Best of all, there is no charge to meet with one of our legal experts, as our main objective is to educate you on your legal rights. With that in mind, we hope you’ll take this opportunity to contact us and schedule a second opinion consultation.

Speak to a California Accident Injury Attorney

Obtaining justice from a government agency can be an uphill battle, especially if you don’t have extensive experience with the legal system. That’s why hiring an attorney is in your best interest, no matter what type of accident you’ve suffered. The lawyers of Normandie have many years of fighting for accident victim and recovering maximum payment from lawsuits against public entities, like San Mateo County. We will take immediate action on your case and not back down until you receive compensation for the full value of your losses.

Wherever you are in the legal process, our goal is to protect your finances every step of the way, since we know how expensive it is to recover from an accident. Our attorneys work on contingency, so there is no upfront cost if you choose to hire us. We only get paid at the end of your case, when you receive payment from San Mateo County. What happens in the event we don’t win your case? Under our Zero fee guarantee, you’ll be off the hook for any legal fees if we don’t recover your settlement.

Help from a California personal injury lawyer is just a phone call away. Contact us to schedule a free case evaluation.

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