What are the special rules and shorter deadlines for filing an injury claim against a California government entity?
To file an injury claim against a California government entity, you must first file a formal Government Claim within six months of the injury. This is a strict and mandatory prerequisite before you can file a lawsuit in court.
Here are the steps you must take:
Step 1: Identify the Responsible Government Entity
You must determine the exact government agency responsible for your injury. This could be the State of California, a specific county, a city, a school district, or another public agency. A mistake here can invalidate your claim.
Step 2: Obtain the Official Claim Form
Contact the clerk or risk management office of the responsible entity to get their specific "Claim for Damages" form. Many large public entities, like the City of Los Angeles or the State of California, provide these forms on their websites.
Step 3: Complete the Claim Form Accurately
Fill out the form completely and precisely. You must include your name and address, the date and location of the incident, a clear description of how the injury occurred, the names of any public employees involved (if you know them), and the total dollar amount of the damages you are claiming.
Step 4: File the Claim Before the Six-Month Deadline
You must deliver the completed claim form to the correct government office within six months of the date of your injury. It is critical to mail the form via certified mail with a return receipt or hand-deliver it to get a stamped copy as proof of timely filing.
Step 5: Await a Response
The government entity has 45 days to respond to your claim. They will either accept it, reject it in writing, or fail to respond, which is treated as a rejection. If your claim is rejected, you then have six months from the date of the rejection letter to file a lawsuit in court.
Important Details and Nuances:
The six-month deadline is for claims involving personal injury, wrongful death, or damage to personal property. Other types of claims may have a one-year deadline. If you miss the six-month deadline, you may be able to file an application for a "late claim," but these are rarely granted.
Warnings and Limitations:
This process is extremely unforgiving. Failing to file a claim within the six-month deadline will almost certainly prevent you from ever bringing a lawsuit for your injury. Any errors or omissions on the form can also result in your claim being denied on technical grounds.
This is general information and does not constitute legal advice. For complex situations, or if your claim is rejected, it is highly recommended you consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Personal Injury
Accident claims, medical malpractice, and compensation rights
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