Suing a Government Agency in California

Injured by a city bus, a dangerous road, a broken sidewalk or another government agency? You may have a claim, but California generally requires you to file a government claim within six months. Missing the deadline can end your case.

On this page: Six-month deadline · Common claims · Immunities · What to do now · Fees · FAQ

Many serious injuries involve a government agency: a crash with a city bus or police car, a collision caused by a dangerous intersection or missing guardrail, a fall on a broken public sidewalk, or an injury at a public school, park or transit station. These claims can be valid and valuable, but they follow special rules under the California Government Claims Act, and the deadlines are much shorter than for ordinary claims. Missing them can end a case before it starts. Smith Trial Group represents people injured by cities, counties, Caltrans, school districts and transit agencies throughout Southern California.

The Six-Month Claim Deadline

Before you can sue a California public entity for personal injury or wrongful death, you generally must present a written government claim to the agency within six months of the injury (Government Code 911.2). The claim must include specific information about what happened, the injuries, and the amount claimed or the court where the case would be filed.

• Agency response: the agency generally has 45 days to accept or reject the claim.
• After a written rejection: you generally have six months from the date the rejection notice is mailed or personally delivered to file a lawsuit.
• If no proper rejection notice is sent: the deadline to sue is generally two years from when the claim arose.
• If you missed the six-month deadline: you may be able to apply for permission to present a late claim, but the application generally must be made within one year, and courts grant relief only in limited circumstances. Do not count on it.

Common Claims Against Public Entities

Dangerous condition of public property

Under Government Code 835, a public entity can be responsible for injuries caused by a dangerous condition of its property if the condition created a reasonably foreseeable risk of the kind of injury that occurred, and either an employee’s negligence created the condition or the entity knew or should have known about it in time to fix it. Examples include poorly designed or maintained roads and intersections, missing guardrails or signs, malfunctioning traffic signals, overgrown vegetation blocking visibility, and broken sidewalks. See dangerous road conditions.

Government vehicles

Public entities are generally responsible for injuries caused by the negligent operation of their vehicles by employees acting within the scope of employment (Vehicle Code 17001). This includes city buses, transit buses, police cars, fire trucks, garbage trucks and other city or county vehicles. See bus accidents.

Public schools, parks and facilities

Injuries at public schools, parks, libraries, public pools and other facilities may support claims depending on the facts and the immunities that apply.

Federal agencies

Claims against federal agencies, including crashes with U.S. Postal Service vehicles, are governed by the Federal Tort Claims Act, which requires an administrative claim within two years. See delivery truck accidents.

Immunities and Defenses

Public entities have defenses private defendants do not. One of the most important is design immunity, which can protect an entity when a road or improvement was built according to an approved plan, although the immunity can be lost when changed conditions make the design dangerous. Punitive damages are not available against public entities. These rules make early investigation and careful legal analysis essential.

What to Do Now

1. Photograph the scene, including the road, signage, sidewalk or condition, before it is repaired.
2. Write down the vehicle number, agency name and employee names if a public vehicle was involved.
3. Gather witness names and phone numbers.
4. Do not wait. Call a lawyer well before the six-month deadline so the claim is prepared and presented correctly.

Fees

We handle claims against public entities on a contingency fee basis, so you pay no attorney’s fees unless we recover compensation.

Frequently Asked Questions

How long do I have to file a claim against a city or county in California?

For personal injury and wrongful death, you generally must present a written government claim within six months of the injury. After a written rejection, you generally have six months to file a lawsuit.

What if I missed the six-month deadline?

You may be able to apply to present a late claim, generally within one year of the injury, but relief is not automatic. Speak with a lawyer immediately.

Can I sue Caltrans for a dangerous road?

Yes, if a dangerous condition of public property caused the injury and the legal requirements are met. Caltrans and other agencies may raise defenses such as design immunity.

Who is responsible if a city bus or police car hits me?

The public entity that employs the driver is generally responsible for the negligent operation of its vehicles. A government claim must still be presented within six months.

Can I get punitive damages against a government agency?

No. California law does not allow punitive damages against public entities, but you can recover compensatory damages such as medical expenses, lost income and pain and suffering.

What about a crash with a mail truck?

Claims against the U.S. Postal Service fall under the Federal Tort Claims Act, which requires an administrative claim within two years.