ELEGIDO POR:

Under State Sovereign Immunity Doctrine, the general rule is that governmental entities, agents or employees are not liable for injuries they cause. Unless, such injuries fall within certain exceptions. Luckily, the California Tort Claims Act (CTCA) would allow claimants for most common Tort Claims to file Lawsuits in Civil Courts. Basically, (CTCA) covers all civil liability claims for “money damages.” Such claims could be based on negligence such as crashes or slip and fall, nuisance, intentional torts and breach of contract. Similar to Federal Tort Law, California Tort Claims Act mandates that a government agency or entity is vicariously liable for negligent or intentional torts of their employees and agents; as long as the negligent acts or omission happened within the scope of the wrongdoers’ employment. Governmental entities in California (may) even be held liable for injuries that are caused by their negligent independent contractors. Here are some of the most common types of California Tort Claims:

a) When a California Government Worker causes a vehicular crash while driving a state owned or operated vehicle.

b) When a Healthcare Provider commits Medical Malpractice in a State-Run Facility.

c) When a California Government Worker damages or destroys a Victim’s property.

d) When a California Road is not properly designed, built or maintained, thus such defects and/or negligence cause the Victim’s injury or damages.

e) When a Police K-9 (dog)or other animals under command and control of the Government cause injuries or damages to a Victim.

f) When a California Government Agent and Employee such as Police or School causes injuries to victims intentionally or negligently, and so on.

In accordance with California Tort Claims Act (CTCA), before a lawsuit can be filed in a civil court against a governmental entity, the Plaintiff (injured party) must file a claim with the appropriate government agency within six (6) months from the date that injury occurred. The government then has 45 days to either accept, reject or attempt to negotiate a settlement. If the government rejects all or part of the claim, or does not respond within 45 days, the injured party is entitled to file a lawsuit in a civil court. As you can see, the window of time, which allows you to seek justice against the California Government is short and the process is very complex. Any undue delay or slight mistakes could cause major delays or even bar your quest for justice, forever! If you’ve been injured by a government agent, officer, employee, contractor or injured in a government building, let Chosen Lawyers make them pay.

Chosen Lawyers have years of experience in brining Government Wrongdoers to Justice. They have the skills to crush the impediments, resources to thoroughly investigate and the commitment to zealously litigate your case to the fullest extent of the law. Chosen Lawyers have helped many other courageous people just like you obtain Justice, and they are ready, willing and able to stand for Your Rights, The Right Way, Right Now!

For a FREE CASE EVALUATION call now 888-365-0-365 or click Here now. It is that easy to know your rights and responsibilities right away with no obligation. When it comes to Legal Matters, time Matters!

The Federal Tort Claims Act is a Federal Statute, which was promulgated in August, 1946. This law permits private parties under limited circumstances to file their tort claims against the Federal Government in a Federal Court. Such damages must exclude interest prior to judgment or punitive damages. Federal courts have jurisdiction over such tort claims, but apply the laws of the State, where the wrongful act or omission occurred. Thus, both Federal and State Laws may impose limitations on liability. However, the FTCA does not exempt intentional torts committed by “investigative or law enforcement officers.” The Supreme Court affirmed this so-called “law enforcement proviso” in Millbrook vs. United States, where a federal prisoner was allowed to bring a claim against the United States for intentional torts committed by federal prison guards in the scope of their employment. Under the FTCA, a tort claim against the United States must be presented in writing to the appropriate federal agency within two years after the tort occurs, or it is time-barred. 28 U.S.C. § 2401(b).

FTCA is the “exclusive means by which a party may sue the United States for money damages … in tort” (28 USC § 2679. Exclusiveness of remedy: Accordingly, an FTCA action “can be brought only in a United States District Court” (28 USC § 1346(b)). STATUTE OF LIMITATIONS: FTCA’s § 2401(b) states that the action must be brought “within two years after the claim accrues,” or “within six months after the notice of final denial of the claim by the agency”. Moreover, under the FTCA, “Liability is determinable in accordance with the law of the place where the act or omission occurred” (§1346(b)(1)).

Sovereign Immunity is referred to a Legal Doctrine, which shields the Government Actors from Civil Liability and Criminal Prosecution.
There are two forms of Sovereign Immunity:

1) Immunity from Suit (also known as immunity from jurisdiction or adjudication):
Immunity from suit means that neither a sovereign/head of state in person nor any in absentia or representative can be a defendant or subject of court proceedings, nor in most equivalent forums such as under arbitration awards and tribunal awards/damages;

2) Immunity from Enforcement:
Immunity from enforcement means that even if a claimant succeeds in any way against the sovereign or state, the judgment may find itself without means of enforcement.

HISTORICAL BACKGROUND OF SOVEREIGN IMMUNITY

For centuries the people have been bowing before Kings and meekly obeyed their dictatorial decrees. As a result of which justice was trampled on for millions of victims. Sovereign Immunity was created based on the concept that “King can do no Wrong.” The fact is that for generations Kings did unspeakable wrongs to the people with absolute impunity… In fact, here is an excerpt from the actual English Mandates: “The Monarch is immune from arrest in all cases; members of the Royal Household are immune from arrest in civil proceedings. No arrest can be made “in the Monarch’s Presence”, or within the “verges” of a Royal Palace. When a Royal Palace is used as a residence (regardless of whether the Monarch is actually living there at the time), judicial processes cannot be executed within that palace. The United States Governments Sovereign Immunity is a direct descendent of the English and other European Colonial Monarchies.

UNITED STATES, SOVEREIGN IMMUNITY FALLS INTO TWO CATEGORIES:

1) Absolute Immunity:
Absolute Immunity protects government actors from lawsuits for their wrongful acts, even if they acted maliciously or in bad faith.

2) Qualified Immunity:
Qualified Immunity shields government actors from liability only if specific conditions are met, as specified in statute or case law.

Here are several ways that Sovereign Immunity of a State actor may be waived:

• prior written agreement;
• instituting proceedings without claiming immunity;
• submitting to jurisdiction as a defendant in a suit;
• intervening in or taking any steps in any suit (other than for the purpose of claiming immunity).

The Eleventh Amendment specifically grants immunity to the states for lawsui ts by citizens of other states, foreign countries, or citizens of foreign countries in the Federal courts. This limitation was judicially extended to include suits b y a state’s own citizens in Hans v. Louisiana, 134 U.S. 1, 10 S. Ct. 504, 33 L. Ed. 842 (1890).

GRADUAL REGRESSION OF SOVEREIGN IMMUNITY

In 1793, the U.S. Supreme Court allowed a North Carolina resident to sue the state of Georgia over property seized during the American Revolution. In the 19th century, the federal government began chipping away at its sovereign immunity in certain instances. But it wasn’t until 1946 that Congress passed the Tort Claims Act, which allowed agents of the federal government to be sued for tortious acts in federal court. These actions include personal injury claims, acts of negligence, and other complaints that are commonly decided in civil courts today.

The first step is to find out if the Federal Tort Claims Act (FTCA) applies to your type of case. If a claim is not permitted by FTCA, the doctrine of Sovereign Immunity will likely bar the lawsuit.

There are a number of cases, which are not permitted to file. Here are a few:

a) Independent Contractors that the government hires cannot be sued under FTCA; unless they are actually treated as government employees.

b) Negligent conduct that falls outside the scope of employment does not make the government vicariously liable.

c) Only rarely and in specific circumstances can claims of intentional wrongdoing be brought against police officers and other alleged government agents, officers or employees.

The second step is to file an administrative claim. This claim should be filed with the federal agency that you believe is to blame for the wrongful act that caused harm. For example, if a postal truck hits you while you are walking the dog, your administrative claim must be filed with the United States Postal Service. Your administrative claim must also include a detailed recital of facts that caused the purported harms and damages. Please note that the Federal Statute of Limitation on such tort claims is two years from the time the injury occurred. After you file your claim, the agency has six (6) months to respond under FTCA. The agency, which you’ve notified may agree with your claim and pay some or all of your damages. Or it may reject your claim or refuse to pay the total amount of damages you believe you deserve. In such a case you have another six (6) months from the date the agency mails the decision to file a lawsuit against the agency.

Should the agency not render a decision in your case within six months, you can file your lawsuit. Generally, your civil suit will be filed in the United States District Court where you live or where the injury and damage took place. Thus, state courts do not have jurisdiction over federal claims and there are no punitive damages. You cannot request for more compensation than what you requested in your administrative claim, unless there is new evidentiary proof showing your increased damages.

A Victim can sue the Federal Government for many types of injuries and losses caused by Federal Employees, providing that:

a) The Federal Employee was acting within their official duties when the injury or damage occurred.

b) The Federal Employee acted negligently or intentionally to cause the injury or damage.

c) The Federal Employee’s action or omission, where they had a duty to act, actually caused the damage and/or injury.

It is important to note that a Victim may also be allowed to sue the Federal Government, when specific Federal Regulations Establish the right to make a claim against some agencies and officials. If you’ve been injured by a government agent, officer, employee, contractor or injured in a government building, let Chosen Lawyers make them pay. Chosen Lawyers have years of experience in brining Government Wrongdoers to Justice. They have the skills to crush the impediments, resources to thoroughly investigate and the commitment to zealously litigate your case to the fullest extent of the law. Chosen Lawyers have helped many other courageous people just like you obtain Justice, and they are ready, willing and able to stand for Your Rights, The Right Way, Right Now!.

For a FREE CASE EVALUATION call now 888-365-0-365 or click Here now. It is that easy to know your rights and responsibilities right away with no obligation. When it comes to Legal Matters, time Matters!