Tuesday, January 10, 2023

Lawyer To Sue Government Agency

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How Long Do I Have To Sue

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People often ask me about how long do they have to sue. So, today Im going to tell you about how long you have to sue for a personal injury in Ontario so you have the information you need to protect your rights.

Its not common knowledge. Your friend of family member has been seriously hurt in an accident. A law suit is the last thing you are thinking about. You are more concerned about your injured friend or family member. You sit in the hospital and you wait for the next update from the doctors or nurses. It is such an emotional time.The law and suing or contacting a personal injury lawyer never crosses your mind.

I dont blame you.

At the same time, people may be recommending that you contact a personal injury lawyer. Social workers or discharge planners or even doctors may be telling you that you should call a personal injury lawyer. You have to be careful if they are recommending a particular personal injury law firm as opposed to interviewing more than one.

But contacting a personal injury lawyer is one of the few things that you can do early on that can help an injured friend or loved on. This is because you only have a limited time to sue in Ontario and a host of other reasons.

Let me explain how the system works and why it is so important.

How Does A California Tort Claims Act Case Work

Generally, after submission of a properly completed notice of claim to the appropriate public entity, the government has 45 days to respond. This may result in one of several actions:

  • The claim is rejected, or there is no response
  • The claim is approved in whole for requested damages, or in part by way of a settlement
  • The entity requests additional information / that the claimant amend the claim within a certain time period
  • The claim is returned for being untimely.

If a claim is denied or rejected, either in part or in whole, claimants can proceed by filing a civil lawsuit against the government. There are two statutes of limitations for filing an actual lawsuit against a government entity:

  • 6 months from the date a claimant receives notice from the government that the claim is rejected in part or in whole or
  • 2 yearsfrom the date of the incident if the government failed to respond to the notice of claim.

Because California does NOT have damages caps in government liability cases, victims are entitled to recover their economic and non-economic damages just as they would in a normal personal injury case against a private party meaning they can recover for medical expenses, lost income, pain and suffering, and other damages.

However, the Act does not allow for the recovery of punitive damages, which are awarded in very few civil injury cases, and only when egregious conduct can be shown.

Complaint About Mail Service

Do you have a complaint, compliment, or suggestion for the U.S. Postal Service ? Maybe youre looking for more information about USPSs services. There are several ways to let them know:

  • Use the USPS websites Email Us form. Select an inquiry type that most closely relates to the complaint or question that you have. On the website, you can also file a claim or request a refund for shipping.
  • Speak to the station manager at a local post office.
  • Contact the postal consumer and industry affairs office that handles questions for your district. Find your district consumer office.
  • Email or write to the U.S. Postal Services Headquarters Consumer Advocate office at:

United States Postal Service

Office of the Consumer Advocate

475 L Enfant Plaza, SW

Washington, D.C. 20260-0004

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Can You Sue The Government For Negligence

We all know its possible to sue any person or business for various crimes and wrongful or negligent acts. But maybe youve wondered: can you sue the government for negligence? In short, yes you can. If youre thinking about suing the government for wronging you, you need extremely strong legal defense from Curcio Law Offices on your side. Our Chicago personal injury attorneys are here for you. We prioritize every attorney-client relationship while fighting to give you the best-case outcome possible. Call for a free consultation.

Can I Sue A City County Or State Government Agency

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Just like a business, a local government can be sued if its negligence results in a serious injury to you. However, the rules that apply to personal injury litigation against a government agency are different from those that apply to a commercial property owner.

At Isenberg & Hewitt, PC, in Atlanta, our attorneys understand how to hold local governments financially accountable for injuries caused by unsafe property conditions and other types of negligence. We represent people throughout Georgia who are harmed by the negligence of municipalities, counties and state government agencies.

Deadline for filing legal notice: To sue a local government, you must file a specific notice letter, known as ante litem, with the governmental body. For a claim against a city, this notice must be filed within six months of the event that caused your injury. To sue a city or state government agency, you must file the notice within one year. If you fail to file this notice by the deadline, you give up your right to sue.

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California Tort Claims Act Defendants: Who Can Be Held Liable For My Injuries

The specific facts of your case will determine who can be named as defendants. Generally, a government entity in California can be held liable for injuriesit causes for a dangerous condition on public property or a failure to perform duties imposed by law or for injuries caused by the negligent acts of its employees and contractors.

The entity named as a defendant will typically be the one responsible for the property with a dangerous condition, failure to perform, or the employee / contractor. Here are a few examples of situations where public entities may be named as defendants:

  • The State of California for failing to address a dangerous condition on a highway
  • A City responsible for a dangerous condition at a local park, auto accidents involving a government vehicle or employee, or a defectively designed roadway or intersection
  • A County responsible for an agency or contractor performing construction or maintenance work, or for failing to maintain trees and other county property
  • A Public Transportation System responsible for a public bus, light rail / trolley, rapid transit / subway, service station, or taxi service involved in an accident
  • Local or State Governments which own property or facilities that cause injury due to toxic exposure
  • A Local School or School District responsible for students at public schools.

The Basic Limitation Period How Long To Sue

The basic limitation period in Ontario for sue following a personal injury is 2 years. This means that you have two years from the date of the incident to file Court papers suing the at fault parties

The limitation period is longer for children and young people under 18 years old if they are not represented by a litigation guardian.

Likewise, the limitation period can be longer for people who dont have physical, mental or psychological capacity to make a claim.

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Should I Contact The Law Place

As we have established, suing the government is not an easy task. It is complex and difficult. You are well within your right to try suing the federal government alone, but we would strongly urge that you at least get in contact with a reputable attorney. There are many legal obstacles that you will face, and you need to be prepared to deal with them. An attorney at our firm will be prepared to fight for your case.

An attorney-client relationship at our firm is built loyalty and commitment. If we believe that your case falls within the FTCA and that you are eligible to sue the government, we will help you to do so. No case is too big. We have experience working on cases like yours before, so you can feel rest assured that your case will be handled in very capable and experienced hands.

Our law office is available to take your call 24 hours a day, 7 days a week. To schedule your free consultation with an experienced and reputable lawyer, you should call us today at

Fighting Back Against The Government

Wronged by a Utah government agency? Why you can’t sue

Lawsuits against governmental entities can arise when the government, through its agents or employees, make mistakes that seriously injure innocent people. When our government makes these types of mistakes, it is required by law, just like its own citizens, to be accountable for its errors and mistakes that cause harm to its citizens. Thats where we can help.

Vercetti

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When Can You Sue The Government

Once youve received some kind of response from the agency, you can sue the federal government within the next six months. But you should contact an experienced lawyer and file a lawsuit as soon as possible, especially if you didnt receive the compensation you asked for.

If government agencies dont respond to claims within six months, filers can wait until they hear back before they sue the federal government. Basically, the clock only starts ticking once the agency has responded to the claim.

Does Sovereign Immunity Make Government Agencies Immune From Liability

Under the concept of sovereign immunity, public entities are immune from liability. It means that you cannot sue a government agency unless it waived sovereign immunity.

Many public entities in the state have waived sovereign immunity and allow negligence lawsuits if specific criteria are met. It is vital to speak with an experienced lawyer to determine whether the government agency that caused or contributed to your injury waived sovereign immunity and can be sued for negligence in your particular situation.

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What A Collection Agency Can Do

Collection agencies collect unpaid debts or locate debtors for others.

A collection agency or collector must:

  • be licensed in Alberta
  • use the name that is shown on their licence in all contacts and correspondence related to their collection activities
  • provide you with information about the original creditor and current creditor of the debt and any details of the debt
  • disclose in writing the fee the agency will charge for a non-sufficient funds cheque before the submission of the cheque
  • provide a receipt for all cash transactions and payments made in person or at your request
  • give you an account of the debt if you ask for it
  • the accounting must include details of the debt
  • agencies only have to give you this information once every 6 months
  • if the agency cannot provide the accounting within 30 days from the request, they must cease collection activity until they can

A collector can:

  • contact you at home between 7 am and 10 pm Alberta time
  • contact your spouse, adult interdependent partner, relative, neighbour, friend or acquaintance to request your residential address, personal or employment telephone number
  • contact you at work to discuss your debt unless you ask them not to
  • if you dont want to be contacted at work, you must make other arrangements to discuss the debt and you must keep those arrangements
  • contact your employer on one occasion to confirm your employment status, business title and the address of the business in preparation for legal proceedings
  • State Law Applies With Federal Jurisdiction

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    State law is what applies to the claim. You can bring your claim against the federal government under the same circumstances in which you bring a claim against a private person in the same location where the accident occurs. However, the federal courts have jurisdiction over the claim. You must file the claim in U.S. District Court where a judge decides the case without a jury.

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    What Kind Of Negligence Does Illinois Cover

    An Illinois resident can sue their state government for personal injury as long as they could also file the same claim against a private person or business. Examples include:

    • A person hit and injured by a post office vehicle can file a valid claim under the Illinois Court of Claims act just like a victim in a car accident could sue another driver.
    • Private individuals can file premises liability claims if a dangerous condition on state property caused an injury.
    • A victim of medical malpractice can sue doctors and nurses and state hospitals.
    • Any other negligence claims where state government agencies or employees dont take proper care of their people.

    You can find more claim specifics under Illinois state law.

    Examples Of Government Negligence

    Suing the local or federal government for negligence sounds like a large and impossible feat. Also, you may be wondering how the government can even commit negligent acts towards individuals. Listed below are some generic examples of local, state, and federal government negligence that you could certainly sue for:

    • A city-owned car or truck caused a car accident
    • You suffered injuries caused by city owned heavy equipment
    • You suffered personal injuries caused by a mass transit accident
    • Any kind of nursing or health care negligence at a city owned center
    • Medical malpractice by an Army doctor
    • A federal government vehicle such as a U.S. Postal Service vehicle crashes into you
    • Wrongful death caused by employees at a VA hospital
    • A nurse practitioner at a federal clinic failed to diagnose you
    • You suffered a personal injury caused by unsafe conditions at a federal government building

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    Helping You Obtain The Compensation You Deserve

    Our lawyers are strong advocates for the injured in Georgia, having recovered millions of dollars in compensation for our clients. The following are examples of the types of cases we handle:

    • Assaults, rapes and other violent crimes that occur due to inadequate security or other negligence on government property
    • Injuries in public housing due to unsafe conditions or other negligence
    • Accidents caused by unsafe roadways, such as defective guardrails
    • Slip-and-fall accidents on government property
    • Injuries on MARTA or other forms of public transportation
    • Injuries in public schools caused by deliberate actions of school administration and staff
    • Sexual abuse, assaults and other injuries in private and religious schools
    • Injuries caused by police brutality and other misconduct: There is no room in law enforcement for bad cops who use excessive force.

    No matter how you were injured, we offer a free initial consultation to discuss your case and explain your legal options.

    Home Care Agencies Sue Ontario Over Wynne Government Plan

    Palawan, Zambales fishermen: ‘Unacceptable’ to sue government

    Home care patients will be put at risk by the Wynne government’s move to create a new provincial agency, claims a lawsuit by 11 publicly funded home-care providers.

    CBC News has learned that the home-care providers including the Victorian Order of Nurses and Bayshore HealthCare Ltd. are suing the province to try to halt the creation of the government-run agency.

    The agency, Personal Support Services Ontario, would become the exclusive provider of home-care workers to a select group of patients across the province. PSSO would take over some of the services currently performed by the private home-care agencies involved in the lawsuit.

    The move “puts home care patients at risk by giving exclusive authority for self-directed care services to an untested provincial government agency,” says a document filed Monday in Ontario Superior Court, obtained by CBC News.

    The legal document, a request for judicial review, claims the government’s creation of the agency “will have dire consequences for patients and their families, for Service Providers and their employees and for the home care and health care systems at large.”

    The 11 agencies are asking the court to quash the move by Health Minister Eric Hoskins to establish PSSO on the grounds that he made the decision “in secret” and “acted recklessly” by not consulting home-care providers.

    The claims in the legal document have not been tested in court and the government has not yet had an opportunity to file its response.

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    What Is The Statute Of Limitations

    A completely different set of rules applies when filing suit against a government entity as opposed to an individual or private company. Time is of the essence in these matters. The California Government Claims Act sets a six-month deadline for initiating wrongful death and personal injury claims against state agencies. Failure to meet this deadline can prevent you from ever collecting compensation for your injuries.

    Sexual Assault Claims Against Californias Public Schools

    California has more than 10,000 public schools charged with the education of more than 6 million children. These public schools are overseen by the California Department of Education as well as their individual city and local governments.

    If your child has been abused in a California public school, the perpetrator, the individual school district, and potentially even the State itself may be liable for your childs injuries.

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    What Is A Tort

    The term tort refers to any wrongdoing or injury caused by someone elses failure to fulfill a legal duty. Under United States tort law, federal employees are not personally liable for most torts they commit in the course of their work. Instead, the federal government provides an exclusive remedy for such tort claims called the Federal Tort Claims Act.

    The Federal Tort Claims Act is a statute dating from 1946 that allows private parties to recover restitution for certain torts committed by employees or agents of the United States Government. The FTCA gives people the ability to hold the U.S. government responsible for wrongdoing committed by its employees or agents in the course of their employment.

    Prior to the FTCA, the sovereign immunity doctrine protected the federal government from prosecution for claims of personal injury and property damage even when federal employees committed negligent or wrongful acts. The act removes the federal governments immunity from certain types of tort claims and gives the government responsibilities much like those of a private citizen. If a private citizen committing the same act would be liable under tort law, the federal government can also be held liable, unless certain limitations stated in the act apply.

    With a few exceptions , the Tort Claims Act does not cover injuries caused by intentional misconduct of federal employees.

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