When the defendant is a government entity in California, the rules change. Miss the six-month claim deadline and you may lose your case before it even starts.
Government Claims Work on a Completely Different Timeline
If you were hurt because of the negligence of a public school district, a county hospital, a city employee, a public university, or any other California government entity, the California Government Claims Act controls how, and how quickly, you can pursue compensation.
For most injury claims against a public entity, you have six months from the date of injury to file a written government claim. Not a lawsuit, a claim. The lawsuit itself comes later, and only after the government rejects or ignores the claim.
Why the Six-Month Deadline Catches so Many People Off-Guard
The standard personal injury statute of limitations is two years. Most people, reasonably, assume they have plenty of time to figure out whether to hire a lawyer. They take care of medical issues, deal with the immediate fallout, and only start thinking about legal options a few months in. By then, with a private defendant, they'd still be well within the limits.
With a government defendant, they may already be locked out. We have seen valid, serious cases, broken bones from a fall on a school staircase, an injury from a poorly maintained county sidewalk, a botched response by a public agency, die at the courthouse door because the six-month claim was never filed.
What Counts as a "Public Entity"
- California public schools and school districts
- Community colleges and California State University / UC campuses
- City and county governments and their employees
- County hospitals and clinics
- Public transit agencies (Metro, Metrolink, OCTA, etc.)
- Public housing authorities
- Police and sheriff's departments
- State agencies and their contractors in many circumstances
What the Claim Has to Say
A government claim isn't a casual letter. It must include the claimant's name and contact information, the date and location of the incident, a description of the injury, the names of the public employees who caused it (if known), the amount claimed (if under $10,000) or a statement that the amount is over the small-claims limit, and it must be filed on the entity's specific form or substantially comply with the statute.
If the Deadline Has Passed
All is not always lost. Late-claim petitions are sometimes granted, particularly for minors, where the claim deadline doesn't begin to run, and in cases involving mental incapacity or fraud by the public entity itself. But the standard for relief is strict, and the longer the delay, the harder it becomes.
If you were hurt by the actions of a public agency, contact a lawyer immediately. Not next month. Not when treatment is done. Now.
Have a similar situation? Talk to a real attorney. Free, confidential, in English, Español, or Հայերեն. Call (747) 777-5977 or send a message.