Oxnard Government Liability Lawyer
Can You Sue the Government?
At The Schurmer Firm we regularly hear from individuals who have been injured in situations regarding government employees or accidents occurring on public property.
One statement we often hear from potential clients is that they weren’t sure they should even call us because they thought they couldn’t sue a governmental entity. While government immunity does exist, it isn’t blanket immunity that protects every aspect of government from being held accountable.
In fact, we have represented injured individuals and families that have lost loved ones in claims against the government throughout our firm’s history. Below are a few examples of the types of cases that can be brought against the government.
In California, if you are injured by the police you may bring a claim against the police department for your injuries if you can prove that the police conduct violates a “clearly established” constitutional right. This argument can often be made when force is used without evidence of the commission of a crime.
Police officers and departments have been held liable for injuries caused by:
- Use of Tasers
- Use of pepper spray for crowd control
- Unlawful use of their firearm
- Injuries caused by police dogs
Government agencies can be held responsible for injuries sustained on public property just as any private party would be. A plaintiff must prove 4 elements to bring a claim against the government for injuries sustained in accidents that occur on public property.
The plaintiff must prove that:
- That the government agency owned, leased, occupied or controlled the property where the accident occurred;
- That the government agency was negligent in the use or maintenance of the property;
- That the plaintiff was harmed; and
- That the government agency’s carelessness was a substantial factor in causing the plaintiff’s harm
The most common premises liability claims against government agencies involve:
- Slip and Falls
- Trip and Falls
- Failure to provide adequate lighting
- Failure to safely maintain public recreation areas like parks, playgrounds and swimming pools
Motor Vehicle Accidents
Government agencies are often involved in civil claims relating to motor vehicle accidents. At The Schurmer Firm we are comfortable handling motor vehicle accidents involving government agencies in a variety of situations including:
- Auto accidents caused by police officers, fire trucks, ambulances or other emergency personnel. While many emergency responders are careful drivers, accidents can happen when drivers are responding to the radio, distracted by the passengers or simply not paying attention to the traffic around them.
- Bus accidents often involve government agencies because many of the busses operating on the streets and highways are owned by either the city or county. If the bus driver causes an accident with another motor vehicle, both the bus passengers and the occupants of the vehicle will have a claim against the government for their injuries. The government agency responsible for the bus will also be legally responsible for accidents involving bicyclists and pedestrians.
Like any other personal injury claim, individuals who have been injured as a result of government conduct or on public property may be entitled to compensation for their injuries.
While each case should be individually evaluated, if you have been injured and a government agency is responsible, you may be entitled to compensation for the following items:
Property damage can include damage to personal items like computers, backpacks and cell phones.
It can also include:
- Child safety seats
- And helmets
In a personal injury case the responsible party will be required to pay any medical expenses you incur as a result of your injuries.
These expenses can include things like:
- Doctor’s visits
- Physical therapy
- Massage therapy
- Chiropractic care
If you are forced to miss time from work as a result of your injuries or to attend medical appointments related to your injuries, the responsible party must reimburse you for the income you lose.
Loss of Earnings Capacity
If your injuries cause permanent injury or disability and you are unable to return to your previous line of work, you may be compensated for your decreased earning ability or may be able to obtain compensation to retrain into a new field.
Pain and Suffering
Compensation for pain and suffering is the legal system’s attempt to turn back the clock and compensate you for the inconvenience of the accident.
If you or a loved one has been injured in an accident involving a government agency, we encourage you to contact The Schurmer Firm to discuss your case.
Our firm's personal promise and commitment to you is to make sure that we care about you as a person. Every client who has been injured deserves the proper representation and our goal at The Schurmer Firm is to ensure that they get that.
He is a very good attorney!- Brett H.
I want to thank all the staff at this firm!- Sergio B.
They take the time to understand your case and really care.- Dan A.
Trustworthy, hard-working and incredibly intelligent!- Eunice C.
They made me feel like my case was their number one priority.- Scott C.
$3 Million Car Accident
A wrongful death settlement for the young daughter of a woman who was tragically killed as a result of a motor vehicle accident.
$3 Million Wrongful Death
Settlement for the wife and children of a man who died when the defendant ran a red light and struck the driver’s side door.
$1 Million Verdict
A man who was killed when struck by a train at an unmarked railroad crossing.
$850,000 $850,000 Settlement
Settlement for the wrongful death of a 14-year-old girl who died when she was stuck after an electric gate automatically closed wedging her between the gate and the pillar of the gate.
$725,000 Flash Fire that Eruption
Settlement against a homeowner and plumbing contractor when a father was killed due to a flash fire that erupted from the defendant’s gas water heater.