If you suffer an injury due to the negligence of a private citizen or company, you generally have two years to file a lawsuit in California. However, a completely different and much stricter set of rules applies if a government entity caused your injury. Failing to follow these special procedures, especially the very short initial deadline, can permanently bar you from seeking compensation. Understanding the Government Tort Claim Deadline is absolutely critical if any government body, from a local school district to a state agency, has harmed you.
This article breaks down the unforgiving deadlines for filing a claim against a public entity in California. We’ll explain the 6-month rule, the limited exception for filing a late claim, and why you must act quickly to protect your rights.
What Is a Government Tort Claim?
First, it’s important to understand the concept of “sovereign immunity.” This legal doctrine generally protects government entities from lawsuits. However, California waives this immunity in certain situations through the California Tort Claims Act. This Act allows individuals to sue public entities for harm they cause, but only if the individual follows a precise set of procedural rules first. The very first step requires you to file a formal “notice of claim.”
The Critical 6-Month Government Tort Claim Deadline
This is the most important rule for victims to know. For claims involving personal injury, wrongful death, or damage to personal property, you must present a formal written claim to the correct government entity within six months of the date the injury occurred.
This is not a lawsuit. Instead, it is a formal notice that informs the government agency of your injury and your intent to seek compensation. This notice gives the agency an opportunity to investigate the incident. It also allows the agency to potentially settle the claim before anyone files a lawsuit. According to the official California Government Claims Program, filing this claim is a mandatory prerequisite to filing a lawsuit. If you fail to file this claim within six months, you generally lose your right to sue forever.
What If You Miss the 6-Month Deadline?
Is there any hope if you miss the initial six-month window? California law provides a very limited second chance, but it is not a guarantee.
The Application to File a Late Claim
If you miss the 6-month deadline, you have up to one year from the date of your injury to file a special application with the government entity. You are formally asking for permission to be excused from the 6-month rule in this “Application for Leave to Present a Late Claim.”
Valid Excuses for Filing Late
A court or the government entity will only grant your application if you can prove you had a valid reason for the delay. The law is very specific about what counts as a valid excuse. According to California Government Code § 911.6, the government may accept a late claim if:
- You missed the deadline due to mistake, inadvertence, surprise, or excusable neglect, and the public entity was not prejudiced by the delay.
- The injured person was a minor for the entire six-month period.
- The injured person was physically or mentally incapacitated during the six-month period and could not file a claim.
- The injured person died before the six-month deadline expired.
Simply not knowing about the 6-month rule is often not considered a valid enough excuse on its own. Getting a late claim approved can be a difficult legal battle.
Who is a “Government Entity” in California?
The Tort Claims Act applies to a wide range of public and government bodies, including:
- The State of California and its various agencies (e.g., Caltrans).
- Counties (e.g., Los Angeles County, Orange County).
- Cities (e.g., City of Los Angeles, City of Glendale).
- School Districts.
- Public Transit Authorities (e.g., LA Metro).
- Other public districts and authorities.
If you slip and fall on a broken public sidewalk, a city-owned vehicle hits you, or your child sustains an injury at a public school due to negligence, the 6-month deadline likely applies.
Why You Should Never Wait: The Importance of Acting Quickly
Given these unforgiving deadlines, waiting to act is the biggest mistake you can make after a government entity injures you. Evidence can disappear, witnesses’ memories can fade, and most importantly, you can lose your right to seek any compensation at all. The Government Tort Claim Deadline is one of the strictest in California law.
How KAASS LAW Manages Government Tort Claim Deadlines
At KAASS LAW, we understand the critical importance of these short deadlines. We have extensive experience handling Personal Injury cases against government entities. The first thing we do is identify the responsible parties to ensure we file the claim correctly and on time.
We know how to navigate the complex procedures of the California Tort Claims Act. Our team acts quickly to investigate the incident, gather the necessary information, and prepare a formal notice of claim to preserve our client’s right to sue. We handle these procedural hurdles so our clients can focus on their recovery. If you believe a government entity may be responsible for your injury, it is crucial to act fast. Please Contact Us immediately for a free, confidential consultation.
Conclusion
If a government entity’s negligence causes you harm in California, you have rights, but they are tied to a very short clock. The Government Tort Claim Deadline requires you to file a formal claim within six months. While a limited one-year exception exists for filing a late claim application, relying on it is risky. The best way to protect your right to compensation is to act immediately after an injury. Consulting with an experienced personal injury attorney as soon as possible ensures you meet these critical deadlines and preserve your ability to seek justice.