Court Has Discretion to Conclude That Devastating Injury Supports Request for Late Claim Relief Based on Excusable Neglect

In Barragan v. County of Los Angeles, published May 26, 2010, the Second District Court of Appeal holds that a claimant’s serious injuries can render the claimant’s failure to obtain an attorney within six months of injury, combined with lack of knowledge of a potential claim, excusable neglect – even if the injuries don’t amount to “incapacity” to present a claim.  In particular, the court notes that a claimant who can authorize another person to present a claim on her behalf is not entitled to relief based on incapacity; but if that person’s devastating injuries occupy their thoughts after their accident, to the extent that they do not think of contacting an attorney, a court can find that to be excusable neglect.  (The opinion emphasizes that all seriously-injured people likely suffer some preoccupation with their injury, and that the claimant must show extraordinary injury to prove excusable neglect.)