When individuals are harmed due to the negligence or misconduct of a government agency, public school, city, police, sheriff, or other public entity, pursuing legal action can be complex. Public entities often enjoy certain legal protections and limitations, making it more challenging to file a claim or lawsuit compared to a typical personal injury case. However, victims of negligence or wrongdoing by public entities still have the right to seek compensation. An experienced public entity lawyer can help navigate these challenges, ensuring that your legal rights are protected and that you receive fair compensation.

At Knapp Moss, we specialize in representing individuals who have been injured or wronged by public entities throughout California. Whether the injury occurred in a government building, through the negligence of a public employee, or due to unsafe public property, our legal team is here to help you understand your options and pursue justice.

What is a Public Entity?

A public entity is any governmental body or organization responsible for serving the public, including federal, state, county, or local agencies. Public entities can include various institutions and officials, such as:

• City governments and municipal departments
• Public schools and universities
• Public transportation agencies
• Police departments, sheriff departments, and law enforcement officers
• Fire departments and emergency services
• Public hospitals and healthcare facilities
• Public utilities and infrastructure agencies
• State or local parks and recreational facilities

When public entities or their employees act negligently or engage in misconduct, they can be held accountable through legal action. However, unlike private individuals or companies, public entities often enjoy additional protections under the law, such as governmental immunity or special procedural rules, making it crucial to work with a lawyer experienced in handling claims against public entities.

Why You Need a Public Entity Lawyer

Suing a public entity is not the same as suing a private person or business. Government agencies and other public entities often have complex legal protections, and the process for filing a claim can be difficult to navigate. A public entity lawyer is essential in these cases for the following reasons:

• Navigating Government Immunity: Government agencies and public entities are often shielded by governmental immunity, a legal doctrine that protects them from certain types of lawsuits. However, there are exceptions, and a lawyer can determine if your case qualifies under those exceptions to pursue compensation.
• Meeting Strict Deadlines: Public entity claims have strict deadlines and procedural requirements, such as filing a government claim notice before pursuing a lawsuit. In California, this notice must typically be filed within six months of the incident. A lawyer will ensure that all deadlines are met and the necessary paperwork is submitted on time.
• Proving Liability: Establishing liability against a public entity can be challenging due to the legal standards involved. A public entity lawyer will gather evidence, consult with experts, and build a strong case to prove that the government agency or its employees were negligent.
• Handling Government Defenses: Public entities often have large legal teams that will vigorously defend against claims. Your lawyer will be experienced in countering the defenses typically used by public entities, such as arguing immunity or denying negligence.

Common Types of Public Entity Claims

There are many scenarios in which a public entity can be held liable for injuries or harm caused to individuals. Some of the most common types of public entity claims include:

• Police Misconduct and Excessive Force: Victims of police misconduct, wrongful arrests, or excessive use of force by law enforcement officers may file claims against the police department or city government. These cases often involve violations of civil rights, such as unlawful searches, racial profiling, or wrongful death due to excessive force.
• Public Transportation Accidents: Accidents involving public buses, trains, or other government-operated transportation services can result in severe injuries. Claims may be filed against the transportation agency for negligent operation, failure to maintain vehicles, or unsafe conditions on public transit.
• Dangerous Public Property: Public entities are responsible for maintaining safe conditions on government-owned properties, including sidewalks, parks, and public buildings. When injuries occur due to hazardous conditions, such as broken sidewalks, defective playground equipment, or unmarked construction zones, the public entity may be held liable.
• Public School Negligence: Public schools are responsible for ensuring the safety of students while they are on school grounds or participating in school activities. Claims may be filed against school districts for injuries caused by unsafe school premises, failure to supervise students, or negligent hiring of staff involved in student abuse.
• Motor Vehicle Accidents Involving Government Vehicles: Accidents caused by government vehicles, such as police cars, fire trucks, or public works vehicles, may result in liability for the government agency. If the driver of a government vehicle was negligent, the injured party can seek compensation from the public entity responsible for the vehicle.
• Medical Negligence in Public Hospitals: Public hospitals and healthcare facilities are responsible for providing safe and competent medical care. Claims for medical malpractice or negligence, such as misdiagnosis, surgical errors, or failure to provide proper treatment, may be filed against public hospitals or their employees.

Filing a Claim Against a Public Entity in California

Filing a claim against a public entity in California involves several important steps, and it’s essential to follow the proper procedures to protect your legal rights. Here are the key steps involved in filing a claim:

1. Filing a Government Claim Notice: Before you can file a lawsuit against a public entity in California, you must first file a government claim. This written notice provides the public entity with the details of your injury or damages and gives them an opportunity to investigate and respond. In California, this notice must typically be filed within six months of the date of the injury.
2. Waiting for a Response: Once the government claim notice is filed, the public entity has 45 days to respond. They may accept the claim and offer a settlement, deny the claim, or fail to respond (which is treated as a denial).
3. Filing a Lawsuit: If the public entity denies your claim or fails to respond, you may then file a lawsuit. You must file the lawsuit within six months of the claim’s denial. If the public entity responds favorably to the claim and offers a settlement, you can decide whether to accept the offer or continue with litigation if the offer is insufficient.
4. Proving Negligence or Liability: To succeed in a lawsuit against a public entity, you must prove that the public entity or its employees were negligent or acted improperly, and that this negligence caused your injuries. This requires gathering evidence, such as medical records, witness statements, and expert testimony.

Compensation Available in Public Entity Cases

Victims of public entity negligence or misconduct may be entitled to several types of compensation, depending on the severity of their injuries and the impact on their lives. Common forms of compensation in public entity cases include:

• Medical Expenses: Compensation for past and future medical bills, hospital stays, surgeries, rehabilitation, and ongoing treatment required as a result of the injury.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income. In cases of long-term or permanent disability, compensation for loss of future earning capacity may also be available.
• Pain and Suffering: Injuries caused by public entity negligence often result in significant physical pain and emotional distress. Compensation for pain and suffering accounts for the non-economic impact of your injuries, such as anxiety, depression, and loss of enjoyment of life.
• Property Damage: If the incident caused damage to your property, such as a vehicle or personal belongings, you may seek compensation for the repair or replacement of these items.
• Wrongful Death: In cases where negligence or misconduct by a public entity leads to the death of a loved one, surviving family members may file a wrongful death claim. This provides compensation for funeral expenses, loss of financial support, and loss of companionship.

Why Choose Knapp Moss?

At Knapp Moss, we have extensive experience handling complex public entity cases throughout California. Our legal team is committed to providing compassionate, client-focused representation, and we fight tirelessly to hold government agencies and public entities accountable for their negligence. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

If you’ve been injured due to the negligence or misconduct of a government agency or public entity, hiring an experienced public entity lawyer can help you navigate the legal process and secure the compensation you deserve. At Knapp Moss, we are dedicated to protecting your rights and helping you achieve justice. Contact us today for a free consultation.