Do You Have an Injury Claim Against a City, Town, County or the State? l Seattle Injury Attorney

Sometimes a person is injured by the negligence of a person employed by the government, like a city, town, county or the state of Washington.  If that happens, the injured person has a claim against that particular governmental entity and not just the person who caused the harm.  In those situations, certain requirements must first be met before a claim can be successfully pursued.

When a person has an injury claim against the government, a verified claim form must be served on the authorized agent for the governmental entity.  Service of a valid claim form is an absolute necessity to bringing a claim or lawsuit against the governmental entity.

The claim form must be served on the "authorized agent" for the specific governmental entity.  The name and address of the authorized agent who can accept service of the claim form is required to be kept as a matter of public record with the auditor in the county in which the entity is located.

With claims against the State of Washington, the agent who is authorized to accept service of the claim form is the state’s Division of Risk Management in Olympia, WA.

To be valid, the claim form must also contain certain information.  The failure to include all of the information could be fatal to the claim (i.e., a court may dismiss the claim entirely).  This information includes a description of the conduct and circumstances which brought about the injury or damage, a description of the injury or damage, the time and place the injury or damage occurred, the names of all persons involved, the residence of the claimant for a period of six months immediately before the claim arose, and a statement of the amount of damages claimed.

A claim brought on behalf of a minor child can be verified and presented by the child’s relative, attorney, or agent representing the child.  It is important to note that the content and service of the claim form must substantially comply with the requirements of the statute.  Again, the failure to substantially comply may result in the claim being denied and/or dismissed by a court of law.

Once a governmental claim form has been properly verified, presented and served on the appropriate governmental entity, a period of 60 days must elapse before a lawsuit can be initiated.  The failure to wait 60 days is another fatal mistake that will invalidate the claim and result in the dismissal of the case.

The filing and presenting of claims against a governmental entity can be complex and confusing so the claimant is wise to consult with or retain counsel.