How to fill out a Tort claim
How do I file a claim?Contact the county clerk and/or clerk of the local governing body, usually known as the Board of Supervisors, to find out what the proper procedure is. In the back of this booklet, we have included a list of all the local government offices in California. Ask if there is a filing fee and how many copies of the claim must be filed with the original claim. Most counties do not charge for filing a claim. A sample letter is attached as Appendix A. Show Some county and city governments provide a standard claim form. If you are unable to get a copy of the standard form, you can still file a claim, as long as it contains the information required under section 910 of the Government Code. (See below.) Some counties, such as San Luis Obispo and Del Norte, do not provide a standard claim form. In that case, you must draft a claim that meets the statutory requirements set forth below. See the sample claim, attached as Appendix B. The claim must be signed and presented by either you or someone acting on your behalf. The claim is considered to have been presented and received at the time you either deposit it in the mail or personally deliver it to the clerk, secretary or auditor of the local governing body. Ask for a conformed copy of the claim that shows that the local public entity or individual actually received the claim. You should include a stamped, self-addressed envelope and a copy of the claim form in addition to the original. You should also keep a copy of the claim for yourself. To sum up, count on making at least three copies of the claim in addition to the original. What must a claim contain?Government Code § 910 sets forth what information your claim must include.
Include in your claim all the reasons why you think you are legally entitled to recover damages. If you decide later to file a lawsuit in court, you may not be allowed to introduce in your complaint new legal grounds for recovery. It is important to be as complete as possible in listing all possible legal grounds and reasons why you should be granted damages for your injury. How should I proceed if I cannot get the information I need to sue the county jail (for example, the sheriff’s name or the chief medical officer)?At the end of this booklet, there is a list of addresses for the county courts and legal services offices which you can write for assistance in collecting this kind of public information. You can also contact prisoner aid organizations like Friends Outside. You can add information, that is, amend your claim, as long as the new material relates back to the same incident that caused your injury. You can amend the claim at any time before the six-month period ends, (see below,) or before the Board takes final action, whichever is later. The Board may notify you that the claim lacks necessary information within 20 days after the claim was sent. However, it is not required by law to do so. What is the deadline for filing a claim?All personal injury claims must be filed within six (6) months from the date of the injury. It is very important that you meet this deadline. Even if you do not have all of the information you had hoped to collect before filing your claim, file the most complete claim that you can by the six-month deadline. The six-month deadline to file a claim is not waived because a person is incarcerated. When can I expect to hear from the county?The deadline for the public entity to act on your claim is 45 days from the date you mailed or delivered the claim, unless you and the Board agree in writing, before the 45th day, to extend the time. The public entity can act on your claim by:
What if I missed the deadline to file a claim?If you missed the six-month deadline and no longer than one year has passed since you were injured, you can either file a late claim or ask the public entity for permission to file a late claim. If you file a late claim, the public entity may, within 45 days of the date the claim was either deposited in the mail or personally delivered, give written notice stating that the claim was accepted even though it was late, or it can reject the claim because it was not filed on time. If your claim is rejected, the notice should state that your only recourse is to apply without delay to the superior court in the county where you were injured for permission to present a late claim.. To present what is called an application to file a late claim, you follow the same procedure for writing and sending the claim. You also write a letter explaining why you were unable to meet the filing deadline and attach it to the claim. Keep in mind that courts generally do not accept your ignorance of the six-month time limit as a sufficient excuse. The county may accept a late claim if you were physically or mentally incapacitated during the entire six-month period. The deadline to file an application for a late claim is one year from the date of the injury. What can I do if the public entity rejected my application to file a late claim?You should file a document called a petition for relief from the claims procedure in the superior court of the county where the injury occurred. In the petition, state that your late claim application was denied, give the reasons for the late filing of the claim, and explain the facts supporting your claim. The petition must be filed within six months of the date that the request for permission to file a late claim was denied or deemed denied. See sample form attached as Appendix C. What if I cannot pay the court fee?If you are unable to pay the court fee which will be required for filing the petition for relief, you must file a form that is called an Application for Waiver of Court Fees and Costs, which tells the court you have no money and asks that it waive any fees you would be required to pay to file the complaint. (See copy of Application for Waiver of Court Fees and Costs attached as Appendix D.) You must also file an Order on Application for Waiver of Court Fees and Costs, which will be signed by the judge and will give you permission to file without a fee. Obtaining a hearing date and notifying the other side of the hearing will not be easy to do from prison, but there are two mandatory steps in this process:
If the court denies your petition, you cannot re-file the same tort claim. However, you can appeal the court’s denial of the petition. How do I file a tort claim in Washington state?Tort Claims. Instructions. Instructions on how to file a Tort Claim can be located at File a Tort Claim on the DES Web Site or by calling ORM Customer Service at (360) 407-9199.. Submitting Claims. Standard Tort Claim Form Information can be found by visiting The Washington State Online Tort Claim Form on the DES web site.. What is the most common tort?Negligence is by far the most common type of tort.
Negligence occurs when a person fails to act carefully enough and another person gets hurt as a result. For this type of case, a person must owe a duty to another person. Then, they must fail in their duty to act reasonably.
How long do you have to file a tort claim in Indiana?Indiana Tort Claim Notice Timelines
Specifically, you must file the accurately completed form within 270 days of the loss for a claim against the State of Indiana. For a claim against a local political subdivision, a similar tort claim notice must be filed within 180 days.
How do I file a tort claim in Oregon?Oregon's tort claim statute requires that you provide appropriate notice to the responsible agency, or the state government within a certain period of time. For an injury claim, you must provide written notice of your intent to file a claim within 180 days of the injury.
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