You will have to file a Petition For Late Claim ASAP! You can include the fact that you filed with the State by accident with the petition. As far as where, if no one can tell you exactly here on AVVO just call the county andtell them you want to file a claim against the county and they can mail you a form, or you can pick it up. They can also tell you where to file it (with the petition). These petitions are something an attorney should probably do for you. Good luck!
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I would get on this ASAP. I believe you can find the appropriate forms online.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
You may have already blown the Statute of limitations but you may ask for a waiver due to your mistake in filing with another state agency. If for some miracle they allow you to present your claim, hire a PI lawyer in LA and stop pushing your luck. Best of luck.
This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
Most likely it is not a city bus, it is probably an LACMTA bus. You need to verify. You are late so you will have to do a petition to file a late claim which almost always are rejected. The purpose of Government Code 830 and 900 et seq. Is to give notice to a governmental entity of a claim against them and an opportunity to investigate.
This is a prime example who no one should attempt to do their own case without a lawyer. Self represented individuals tend to get themselves a whole lot of a little or nothing, instead of giving up a third of decent settlement to a lawyer. It makes no sense to me why individuals want to try complex PI litigation without a lawyer.
No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.
Agree with the attorneys to try to get a petition for late claims but almost always they will reject it.
Google is great!
here is a link to the claims form for LA County:
*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)
As indicated above by some of my collegues your claim is technically late and you will have to file a Petition to Present Late Claim. As such, I would immidiately seek out the advice of a local attorney. Good Luck.
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