If you are injured because of a government entity’s carelessness, California law has very strict rules. You must file a formal claim within six months of your injury. If you miss this deadline, you usually lose your right to sue forever. However, the law provides a very limited exception. A court may grant you a second chance if you can prove your delay was due to Excusable Neglect.
This article explains what this legal term means. We will also cover how it applies to the government claim process, and the difficult steps required to use this exception. Understanding this concept is critical if you have missed the initial deadline.
First, it is vital to remember the standard rule under the California Tort Claims Act. For personal injury or wrongful death claims, you must present a formal written claim to the correct government agency. You must do this within six months of the date your injury occurred. This is not a lawsuit; it is a mandatory notice. If you fail to file this claim on time, you generally lose your right to seek any compensation.
California Government Code § 911.4 provides a narrow path forward if you miss the six-month deadline. This law allows you to apply for permission (or “leave”) to present a late claim. However, you must file this application within a reasonable time, not to exceed one year from the date of the injury.
The government entity or a judge will only grant your application if you have a valid reason. One of the main reasons allowed by law is Excusable Neglect.
This is a specific legal standard. It means you must show that your failure to file on time was the kind of mistake a reasonably careful person might have made in the same situation. Simply forgetting or not knowing about the six-month law is usually not a good enough excuse on its own. For example, a court might consider a delay excusable if you were seriously injured and focused entirely on urgent medical care.
Besides Excusable Neglect, Government Code § 911.6 lists a few other specific reasons a late claim might be accepted. According to the official text on the California Legislative Information website, these include:
Asking for this exception is a formal legal process. First, your attorney files an “Application for Leave to Present a Late Claim” with the government entity. The agency then has 45 days to grant or deny it.
If the government agency denies your application, your only remaining option is to file a petition with the court. This asks a judge to overrule the denial. This is a formal court proceeding where your attorney must present evidence and make a strong legal argument for why your neglect was excusable.
Successfully proving Excusable Neglect is a significant legal challenge. It requires more than just a simple explanation. You need a deep understanding of case law and how judges have interpreted this standard in the past.
An experienced Personal Injury attorney knows how to:
Attempting this process without legal help can easily lead to a final, irreversible dismissal of your case.
At KAASS LAW, we understand the critical importance of the deadlines in the California Tort Claims Act. We have extensive experience handling cases against government entities. We know how to act quickly to preserve a client’s right to sue.
If you have missed the initial six-month deadline, we can help you evaluate whether you have valid grounds to file a late claim application. We can prepare the application and, if necessary, fight for you in court to get your claim accepted. The deadlines are unforgiving, so it is crucial to act fast. Please Contact Us immediately for a free, confidential consultation.
If a government entity’s negligence in California harms you, the law provides a path to seek justice. However, this path has a very short and strict timeline. The concept of Excusable Neglect offers a narrow window of opportunity for those who miss the initial six-month deadline. But, it is a difficult exception to secure. The best course of action is always to contact an attorney immediately after an injury. This ensures you never have to rely on this last-chance provision. Your right to compensation could depend on it.
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