Accidents & Injuries · Injury claims
Claims against government agencies
In this guide
- Before suing a California public entity for money, a written government claim usually must be filed.
- Claims for injury or property damage generally must be filed within six months.
- After a written rejection, there is generally six months to file a lawsuit.
Why a claim comes first
California’s Government Claims Act requires people seeking money from a city, county, school district, special district, or state agency to first present a written government claim to that entity. This applies to injuries from a government vehicle, dangerous public property, and similar situations.
How it generally works
- Find the right agency. The claim goes to the public entity involved. Many cities and counties post claim forms online. Claims against the State go to the Department of General Services’ Government Claims Program.
- File the claim. The claim describes what happened, when and where, and the amount or type of loss.
- Agency response. The entity generally has 45 days to act on the claim.
- After rejection. A lawsuit generally must be filed within six months after written notice of rejection.
Time frames (Government Code)
- Claim for injury or property damage: within 6 months of the incident
- Other claims: generally within 1 year
- Application to present a late claim: within 1 year of the incident
- Lawsuit after written rejection: generally within 6 months
Official sources for this guide
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