Most people know there is a deadline to bring an injury case. Fewer know that when a city, county, school district, transit agency, or the State of California is responsible, a much shorter deadline applies first. Before you can sue a public entity for personal injury in California, you generally have to present a written claim to that entity, and for injury claims the deadline is six months. Missing it can seriously damage or end a case that would otherwise be strong. This guide explains the basics.

When do you need a government claim?

Common situations include:

  • A crash with a city vehicle, county truck, police car, or public bus.
  • A trip and fall on a broken public sidewalk or in a public building.
  • A crash caused by a dangerous road design, missing signage, or a malfunctioning traffic signal.
  • An injury on school property or in a public park.
  • A crash with a vehicle driven by a public employee on the job.

If there is any chance a public agency is involved, treat the six-month clock as running from the day of the injury.

What is the six-month deadline?

California Government Code § 911.2 says a claim relating to a cause of action for death or for injury to person or personal property must be presented not later than six months after the cause of action accrues. Claims relating to other causes of action generally have one year.

For most injury cases, the cause of action accrues on the date of the incident. Six months is not long, especially for someone recovering from serious injuries.

What if you missed the six-month deadline?

Government Code § 911.4 allows a written application to the public entity for leave to present a late claim. The application must be presented within a reasonable time, not to exceed one year after the cause of action accrued, must state the reason for the delay, and must attach the proposed claim.

Under Government Code § 911.6, the entity must grant the application in specified situations, including where the failure to present a timely claim was through mistake, inadvertence, surprise, or excusable neglect and the entity was not prejudiced, or where the injured person was a minor or was physically or mentally incapacitated during the claim period, subject to the statute’s conditions. If the entity denies the application, further court procedures may be available, but the path is narrower and less certain. The safer course is to file on time.

What goes into a government claim?

The claim is a written document, often on the entity’s own claim form, that identifies the claimant, describes the date, place, and circumstances of the incident, describes the injuries, and identifies the public employees involved if known. It must be presented to the correct entity. That sounds simple, but it is a common trap: the street may belong to the city, the state highway to Caltrans, the bus to a regional transit agency, and the sidewalk tree to someone else. When in doubt, claims may need to go to more than one entity.

What happens after the claim is filed?

The public entity reviews the claim and either accepts it, rejects it, or does not act. Government Code § 945.6 then sets the time to sue:

  • If the entity gives written notice of its action in the manner the code requires, the lawsuit must be filed not later than six months after that notice is personally delivered or mailed.
  • If that written notice is not given, the lawsuit must generally be filed within two years from when the cause of action accrued.

A rejection letter is not the end of the case. It often starts a second six-month clock. Calendar it the day it arrives.

What is a “dangerous condition of public property”?

Many claims against public entities involve the condition of property, not just an employee’s driving. Government Code § 835 makes a public entity liable for injury caused by a dangerous condition of its property if the injured person shows:

  1. The property was in a dangerous condition at the time of the injury.
  2. The dangerous condition proximately caused the injury.
  3. The condition created a reasonably foreseeable risk of the kind of injury that happened.
  4. Either a public employee’s negligent or wrongful act or omission within the scope of employment created the condition, or the entity had actual or constructive notice of the condition long enough before the injury to have taken protective measures.

The statute opens with “Except as provided by statute,” which signals that other provisions of the Government Claims Act can limit or defeat liability in particular cases. These claims are fact-intensive.

What evidence matters in a dangerous condition case?

  • Photos and measurements of the defect: the height of a sidewalk lift, the depth of a pothole, the position of a faded line or missing sign.
  • The surrounding area, including lighting and visibility.
  • Prior complaints, work orders, and repair records, which may show notice. These are often obtained through public records requests or later discovery.
  • Witnesses who saw the incident or know the condition had been there a while.
  • Medical records documenting the injury from the start.

Conditions get repaired. Photograph and measure as soon as you safely can, and note the date.

How does this connect to car crashes and falls?

A crash caused by a city vehicle is often a car accident claim with a government claim layered on top. A fall on a broken sidewalk is a premises liability issue against a public owner. A pedestrian hurt in a crosswalk with a broken signal may involve both a driver and a public entity; see our pedestrian accidents page. In each situation, the six-month government claim requirement can apply to the public entity even while the ordinary two-year period applies to a private party.

What should you do now?

  • Write down the date of the injury and count six months forward.
  • Identify every public entity that could be involved.
  • Gather photos, witness information, and medical records.
  • Keep copies of anything you submit and proof of when and how it was delivered.
  • Talk with a lawyer early, before the claim is filed, so it is presented correctly.

Talk with a lawyer about a claim against a public entity

Government claims have short deadlines and technical rules. Advo Law, APC can help identify the right entity, present the claim, and track the follow-up deadlines. Learn more on our premises liability and car accident lawyer pages, or contact us.

Contact Advo Law

Advo Law, APC
Glendale: 111 E. Broadway, Suite 210, Glendale, CA 91205
La Cañada Flintridge: 1433 Foothill Blvd., Suite 207, La Cañada Flintridge, CA 91011
Phone: (800) 808-4613
Contact us · About Hov J. Kachatoorian

Contingency fee representation. Serving clients throughout California.

Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and case holdings can change; consult counsel about your specific situation.