Learn about the rules and procedures for filing a personal injury lawsuit against the state of California or a local California government. A person acts negligently when he or she fails to act in the way a reasonable person is expected to act in similar circumstances.San Jose Personal Injury Lawyers offers free consultations to injured accident victims. Negligent tort — Negligence is at the heart of many tort actions. Within six months from the date the tort claim arises against any form of government, a victim is required to notify it of the injury and potential claim. Contact our San Jose injury lawyers today! File Claim Against City Form. File Claim Against City Form (PDF). It allows for multiple defendants in a lawsuit and assigns proportional liability for non-economic damages to each party. Failure to do so may expose the Association to liability.