how tto sue the county attorney

by Summer Braun Published 2 years ago Updated 1 year ago 6 min read

Before you can proceed in the county you wish to sue you must file a CA Gov't Code § 911 notice of claim within six months of the incident giving rise to the suit. If you miss the deadline you can file the claim anyway but the County need not consider. You may not file suit until you have the county's response.

Full Answer

How do I sue a county in another county?

Jul 17, 2009 · 3 attorney answers. Posted on Jul 17, 2009. You can't sue the County in some other county or without using the courts in the county. There are requirements prior to filing suit when suing the government, involving filing a claim first and having it denied, and there are relatively short deadlines to do these things, so you're best off hiring a lawyer...

How do I sue a lawyer for negligence?

Jun 20, 2018 · Before suing a city or county, you have to file a “Notice of Claim” with the government so they know you’re planning on filing a claim. Your personal injury lawyer can help you with this. You also need to operate within the statute of …

Do I need a lawyer to sue the government?

A city, town, county, or state government can be held responsible when it causes injuries, just as any normal person or business can be held liable. However, unlike normal personal injury lawsuits, there are rigid steps to follow and deadlines to meet for an injury claim against the government.

Can you sue a lawyer for bad ethics?

Jun 12, 2014 · A lawyer who files “frivolous” lawsuits won’t be in business very long. So today I am addressing the pretty often-asked question of whether I can sue the County. Let’s say the County, or a County employee, has harmed or physically injured you in some way and you want to sue them for money damages. Piece of cake, right?

Can I sue the county?

If you want to sue a local government for an injury, you'll need to follow a rigid set of rules, and you may be limited in terms of when and how much you may recover. A city, town, county, or state government can be held responsible when it causes injuries, just as any normal person or business can be held liable.

Can you sue a state's attorney?

1. A State Attorney possesses absolute immunity from civil liability in tort actions brought in state courts and in Title 42 U.S.C. s. 1983 actions in federal courts for conduct falling within the scope of his or her prosecutorial duties.

How do I sue my local authority?

To successfully sue your local council, you'll need a strong set of supporting evidence to prove their liability, which may include photographs of the scene and cause of the accident, witness statements and a medical report from an independent expert.

Can I sue the county for false charges?

If you were unlawfully imprisoned or detained, you may be able to pursue a false imprisonment lawsuit. This type of civil lawsuit can help you to recover compensation for the damages that you suffered. Being detained based on false charges might amount to false imprisonment.

What is a 1983 claim?

§ 1983, that allows people to sue the government for civil rights violations. It applies when someone acting "under color of" state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes.

Can individuals sue government officials personally to recover damages?

Yes, in many cases, you can sue the federal government for injuries that you sustain because of the negligence of a federal employee. There are a few exceptions, limitations, and different procedures for bringing a claim against the federal government than there are for bringing a claim against any other entity.

How do you challenge local authority decisions?

A judicial review is the way that people can challenge the lawfulness of a decision made by a public body such as a local authority.

Can you take local authority to court?

If the local authority has failed in its duty to you, you may be able to take them to court, depending on your own situation. However, there may be other easier ways to resolve any problems you are facing and one of our friendly, local solicitors will be able to explain what options are available to you.

How do I claim my rights?

5 Ways to Claim Your Personal Bragging Rights With the Fine Art of Self-PromotionDon't downplay your contribution.Keep a file of others' positive feedback.Speak your truth.Put your best foot forward.Share the accolades.Dec 10, 2015

How do you defend yourself against accusations?

How to Defend Yourself Against False AccusationsStay Calm. ... Hire an Attorney to Help You Fight Back. ... Gather Evidence. ... Challenge the Accuser's Credibility. ... Find Your Own Witnesses and Present Evidence of Your Side of the Story. ... Develop a Strategy in Criminal Defense Cases.More items...

How much compensation do you get for false imprisonment?

President George W. Bush endorsed Congress's recommended amount of up to $50,000 per year, with up to an additional $50,000 for each year spent on death row. Adjusted for inflation, this amount is $63,000.

How can I prove my innocence when falsely accused?

Collect Evidence The only way to prove your innocence is by gathering evidence to counter these false allegations. You need to provide an alibi and give your lawyers' witnesses' names that may be able to prove your innocence, so they can interview them.Sep 8, 2021

Can I sue a city or county?

Yes, it's possible to sue a city or county when their negligence caused your injury. For example, if you were in a car accident because a cop ran a...

What are the steps for suing a city?

To sue a city, first you must file a "Notice of Claim" with the government so they know you're planning to file a claim. Then you should contact a...

What do I need to prove in order for my claim to be successful?

For a successful claim against a city or county, you'll need to prove the following: the city acted negligently, that negligence caused your injury...

Pamela Koslyn

You can't sue the County in some other county or without using the courts in the county. There are requirements prior to filing suit when suing the government, involving filing a claim first and having it denied, and there are relatively short deadlines to do these things, so you're best off hiring a lawyer...

Jonathan H Levy

You could however file suit in Federal Court if a federal issue is involved.

John M. Kaman

As Ms Koslyn said, you can't sue a county by filing suit in another county. Before you can proceed in the county you wish to sue you must file a CA Gov't Code § 911 notice of claim within six months of the incident giving rise to the suit. If you miss the deadline you can file the claim anyway but the County need not consider.

What to do when you have been injured in an accident?

Many people have a general idea of what to do when they’ve been injured in an accident or due to negligence—file a claim against the responsible party. For example, in a car accident the person would file a claim against the driver because they were going over the speed limit.

Do you have to file a notice of claim before suing a city?

Before suing a city or county, you have to file a “Notice of Claim” with the government so they know you’re planning on filing a claim. Your personal injury lawyer can help you with this. You also need to operate within the statute of limitations, which can vary depending on your state.

What does it mean when you have a serious injury?

Severe injuries could mean multiple hospital trips, undergoing various tests, having to take medication, missing work, and future medical costs for your recovery. There are a few classifications that you have to watch out for if you want your claim to be valid.

What is Thomas Law Offices?

At Thomas Law Offices, our personal injury attorneys recognize that our potential clients are likely going through some of the most difficult times of their lives. We don't want you to have to worry about paying out-of-pocket for legal advice when you're just starting to learn your legal rights and options. That's why we provide free case evaluations. We'll offer our expert advice about your potential case and walk you through how we can help you.

What is the statute of limitations for personal injury?

The statute of limitations is a legal term that describes the period of time in which you must file a lawsuit or bring an injury claim after your injuries.

How long do you have to file a lawsuit against a state?

Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, ...

Who can be held responsible for a personal injury?

Is the government immune to injury claims?

The Government May Be Immune From Your Injury Claims. The government is immune from certain injury claims. While this immunity is less broad than in the past, the government is still immune from many injury claims. Again, this immunity (often referred to as "Sovereign Immunity") varies from state to state.

What is negligence in Pennsylvania?

In Pennsylvania, governmental employees and entities also enjoy certain immunities from liability.

How long do you have to wait to file a lawsuit?

This period is typically between 30 and 120 days. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.

Can you file a lawsuit against the government?

In most states, you cannot simply file a lawsuit in court against the government. Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court.

Why is discovery important?

Discovery can be an important process for you, particularly if you are lacking details that could strengthen your evidence. For example, if you don't know the name of one of the government employees who you believe was responsible for your injuries, you may be able to find that out through discovery.

What happens if you miss the deadline for a claim?

If you miss the deadline – either because you were unable to file a claim or because you didn't realize a government entity was possibly responsible until some time after the incident – you still may be able to file a claim, provided you can show a good reason for the delay.

How long do you have to file a personal injury claim?

There are deadlines, called statutes of limitations, that apply to all personal injury lawsuits, and typically give you between one and six years to file a lawsuit after your injury happens. However, you may have a shorter period ...

How long do you have to file a claim against a state?

However, you may have a shorter period of time to file a claim against a state or local government agency. In some areas, you must file your claim with the agency within 30 days of the date you were injured. For this reason, it's important that you contact the agency as soon as possible after the incident so you can preserve your right to sue ...

How long do you have to file a lawsuit against a government agency?

At this point, you have a limited period of time, typically six months or so, to file a lawsuit against the agency. When you receive a denial notice or other letter telling you that you have the right to file a lawsuit, keep the original and make copies.

How long does it take to respond to a lawsuit?

If you filed your lawsuit in state civil court, the government may have as long as a month to respond to your lawsuit. However, small claims courts typically allow briefer periods of time for a response, sometimes only a couple of weeks.

How much can you sue in small claims court?

In some states, the maximum amount of damages for which you can sue in small claims court is relatively high – as much as $10,000 or $20,000. However, in other states the limit is set at only a few thousand dollars. If your claim is worth more than this, you'll have to file your lawsuit in state civil court.

1 attorney answer

Finding the right attorney depends upon the type of claim that you are pursuing. If it is a personal injury, then go for a personal injury attorney. If it deals with special needs children and a school not following an education plan, then find an attorney that deals in that type of claim. Just go by the practice area that the attorney advertises.

Sean Bartlett Sandison

What is a county attorney?

Generally speaking, county attorneys are public employees who work at the county level, representing the interests of the government in court in addition to advising public officials on legal matters. They do not practice law privately and the scope of the cases they handle depends on whether there is also a district attorney in the region.

What degree does Mary have?

Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Litigation Lawyers in Tampa

If you live in , Florida, and believe that you have sustained some form of legal wrong, you may wish to file a lawsuit against the individual who allegedly wronged you.

Steps for Filing a Lawsuit in Tampa, Florida

Consultation with your attorney: Before you continue in any legal action in Tampa, Florida, you should speak with a reputable local attorney in Tampa, Florida. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.

How Can A Tampa, Florida Tort Lawyer Help?

As you can see, it can be a complicated and difficult process to file a lawsuit in Tampa, Florida, and it is, in fact, much more complicated than the basic outline you just read.

What is a construction lawyer?

If you are a contractor, construction company, or property developer, a construction law attorney can help. Construction law attorneys assist in the negotiation and execution of building contracts, and represent parties in legal disputes over commercial and residential development projects.

Is it a good idea to research your lawyer before hiring?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can: