Get Government Claim. Government Claimoffice Of Risk And Insurance Managementgovernment Claims Program

To file a claim against the State of California, a county government, or a municipal government agency, you must give notice of your claim. This may include filing a report or sending a letter which may suffice as notice, so long as it contains all of the necessary requirements.

First, you must file a written claim with the appropriate administrative agency, which is usually the agency where the negligent employee works. This is typically done by completing and filing a Standard Form 95. This claim must be submitted within two years after the injury.

The Federal Tort Claims Act (FTCA) is federal legislation enacted in 1946 that provides a legal means for compensating individuals who have suffered personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of an employee of the federal government.

In order to state a valid claim, the claimant must demonstrate that (1) he was injured or his property was damaged by a federal government employee; (2) the employee was acting within the scope of his official duties; (3) the employee was acting negligently or wrongfully; and (4) the negligent or wrongful act ...

After you file your claim, the government has 45 days to respond. If the government agency denies your claim during the 45 days, you have 6 months to file a lawsuit in court from date the denial was mailed or personally delivered to you.

A plaintiff injured by a defendant's wrongful act may file a tort lawsuit to recover money from that defendant. To name a particularly familiar example of a tort, a person who negligently causes a vehicular collision may be liable to the victim of that crash.

The Government Claims Program (GCP) reviews and processes claims for money or damages against the state. In general, anyone who wishes to file a lawsuit against the state or its employees for damages must first pursue an administrative remedy through the GCP claims process.