Government Claims for Personal Injury in California

Short answer: Before suing a California city, county, or state agency for a personal injury, you generally present a written government claim first. For death or injury to a person or personal property, Government Code section 911.2 generally requires that claim within six months after accrual. Who receives it, and what follows, depends on the public entity.

Attorney Advertising. This guide explains process and primary sources, not a promise of any outcome. Prior results do not guarantee a similar outcome.

When do California government claim rules apply?

California’s Government Claims framework sits in Government Code Division 3.6 (Claims and Actions Against Public Entities and Public Employees). It covers claims for money or damages against public entities, with important exceptions.

For local public entities (cities, counties, and many special districts), Government Code section 905 says claims for money or damages generally must be presented under the claim chapters, unless an exception in that section applies (for example, certain tax matters, workers’ compensation exclusive-remedy claims, or childhood sexual assault claims under Code of Civil Procedure section 340.1).

For claims against the State of California, the Department of General Services (DGS) Government Claims Program is the filing channel described on the state’s File a Claim page, verified October 28, 2026 (America/Los_Angeles).

This page is about the claim process. General lawsuit filing deadlines against private parties are covered in our California personal injury statute of limitations guide. Related timing posts: car accident statute of limitations and negligence statute of limitations.

Some types of injury claims against public entities

Under Government Code section 815, a public entity is not liable for an injury except as otherwise provided by statute, and statutory liability is subject to immunities and defenses.

Some types of claims that statutes address include:

• Employee acts. Section 815.2 makes a public entity liable for injury proximately caused by an employee’s act or omission within the scope of employment if that act or omission would give rise to a cause of action against the employee, and generally not liable where the employee is immune.
• Dangerous condition of public property. Section 835 sets liability when public property was in a dangerous condition at the time of injury, the injury was proximately caused by it, the condition created a reasonably foreseeable risk of that kind of injury, and either an employee’s negligent or wrongful act created the condition or the entity had actual or constructive notice with enough time to take protective measures.

Road defects, sidewalk hazards, and similar public-property theories often travel through this claim path. For a public-property road example in a private-operator setting, see Lime and Bird scooter accidents caused by potholes. Whether any theory fits a given incident depends on the facts and the statute that creates liability.

Practical rule: identify the public entity early, then follow that entity’s official claims page for where and how to present the claim.

Where do you file a claim against the State, a county, or a city?

Filing location follows the entity you are claiming against. The table below summarizes channels verified October 28, 2026. Always re-open the entity’s own page on the day you rely on it; local forms and mailing addresses change.

State presentation timing for DGS claims also ties to the $25 filing fee or fee-waiver path under section 911.2(b).

What does a California government claim have to include?

Government Code section 910 says a claim shall show:

1. The name and post office address of the claimant.
2. The post office address for notices.
3. The date, place, and other circumstances of the occurrence or transaction.
4. A general description of the injury, damage, or loss so far as known at presentation.
5. The name or names of public employees causing it, if known.
6. The amount claimed if under $10,000 (with the basis of computation); if over $10,000, no dollar amount, but an indication whether the claim would be a limited civil case.

Entities often publish their own claim forms. Using the form does not replace reading section 910 and the entity’s instructions.

Deadlines at a glance

These periods are from the Government Code sections linked below, verified October 28, 2026. Each is a general rule: accrual, tolling, and entity-specific rules can change how the calendar works in a particular case. Exceptions and tolling rules can move these dates, and waiting for a report generally does not pause them.

Illustrative hypothetical (not a case result)

Suppose an injury accrues on March 1. A timely personal-injury claim under section 911.2 would generally need to be presented by about September 1 (six months). If the entity then mails a written rejection notice on October 1, section 945.6(a)(1) generally looks to six months after that mailing for the suit deadline. If instead the entity never sends written rejection notice, section 945.6(a)(2) generally looks to two years from accrual. This calendar is educational only; real accrual and notice facts control.

What if the six-month claim deadline was missed?

Government Code section 911.4 allows a written application to the public entity for leave to present a late claim when a six-month claim was not timely presented. The application is presented within a reasonable time not to exceed one year after accrual, states the reason for the delay, and attaches the proposed claim. Subdivision (c) sets counting rules for mental incapacity without a guardian and certain juvenile-court dependency situations.

If that application is denied or deemed denied, Government Code section 946.6 allows a petition in the proper superior court for relief from the claim-presentation bar. The petition generally must be filed within six months after the application is denied or deemed denied, and if the court grants relief, suit on the cause is filed within 30 days thereafter. Grounds listed in the statute include mistake, inadvertence, surprise, or excusable neglect (unless the entity shows prejudice), minority, physical or mental incapacity, and death before the claim period expired; the minority and incapacity grounds carry their own conditions.

Late-claim relief is not automatic. Under section 946.6(c), a court grants relief when it finds the statute’s conditions are met.

How this fits with the general personal injury statute of limitations

The government-claim clock is often shorter and more procedural than the ordinary lawsuit clock against a private defendant. Our statute of limitations guide covers the general personal injury timeline. This page owns the claim-presentation path: who to file with, section 910 contents, the six-month claim rule, the 45-day response window, suit timing after rejection, and late-claim options.

For settlement timing and case value context after liability is established, see how much a personal injury case is worth in California and the car accident settlement timeline. Medical repayment issues after a recovery are covered in medical liens in California personal injury cases.

How LA Law Group can help from Chatsworth

LA Law Group serves California personal injury clients from our Chatsworth office at 21540 Prairie St Unit A, Chatsworth, CA 91311. Fees and costs are explained in how personal injury lawyers get paid and personal injury lawyer fees.

No attorney fee unless we win your case. You are responsible for case costs regardless of the outcome.

Every fee and cost term is in a written fee agreement before work begins.

Your initial consultation is free.

Call (866) 625-2529. More: personal injury, contact us, about us.

FAQ

Do I have to file a claim before suing a California city, county, or state agency for an injury? Generally yes. For most injury claims against a California public entity, the Government Claims rules require a written claim to be presented to the entity before a lawsuit can be filed, and the timing rules are much shorter than for claims against private parties.

How long do I have to file a government claim for a personal injury in California? Government Code section 911.2 generally requires a claim for death or injury to a person or personal property to be presented no later than six months after the cause of action accrues. Other kinds of claims generally have one year.

What happens after I file a claim with a public entity? Under Government Code section 912.4, the entity generally has 45 days to act on the claim. If it does not act within that period or an agreed extension, the claim is treated as rejected on the last day of the period.

How long do I have to sue after a government claim is rejected? Under Government Code section 945.6, if the entity gives written notice of rejection, a lawsuit generally must be filed within six months after that notice is delivered or mailed. If no written notice is given, the period is generally two years from when the cause of action accrued.

What if I missed the six-month deadline to file a government claim? Government Code section 911.4 allows a written application to the entity for leave to present a late claim, made within a reasonable time not to exceed one year after accrual and explaining the delay. If the application is denied, section 946.6 sets out a court petition process with its own deadline.

What information does a California government claim have to include? Government Code section 910 lists the basics: your name and address, where notices should go, the date, place, and circumstances of the incident, a general description of the injury or loss, the names of any public employees involved if known, and the amount claimed or, for larger claims, whether it would be a limited civil case.

Where do I file a claim against the State, a county, or a city? Claims against the State of California go through the Department of General Services Government Claims Program, county claims go to the county office its claims page names, and city claims go to the office named on that city’s claims page, often the city clerk. Check the entity’s official claims page before you file.

Can LA Law Group help me with a government injury claim? LA Law Group, based in Chatsworth, handles California personal injury matters and can review whether a claim against a public entity applies to your situation. Your initial consultation is free.

Sources checked (dated October 2026)

Opened on October 28, 2026 (America/Los_Angeles). California Legislative Information: Gov. Code §815; §815.2; §835; §905; §910; §911.2; §911.4; §912.4; §945.6; §946.6; Division 3.6 branch. Agency pages: DGS File a Government Claim; LA County Claims for Damages.

Key takeaways

• Before suing a California public entity for injury, you generally present a written claim first.
• Injury and death claims generally have a six-month presentation window under Government Code section 911.2.
• Who receives the claim depends on the entity: DGS for the State, the county claims office for a county, and the city or local office named on that entity’s claims page.
• Section 910 lists the required claim contents; section 912.4 generally gives 45 days to act before a claim is deemed rejected.
• After written rejection notice, section 945.6 generally allows six months to sue; without written notice, generally two years from accrual.
• Late claims may follow section 911.4 and, if denied, a section 946.6 court petition.

Short checklist

1. Name every public entity that may be involved.
2. Open that entity’s official claims page and note the filing office, form, and any fee.
3. Calendar the six-month claim date under section 911.2 from the accrual date you are using.
4. Draft the claim to cover the section 910 items, including the limited-civil indication when the amount exceeds $10,000.
5. Keep proof of how and when the claim was presented, and watch for written rejection notice.
6. Re-open the primary sources on the day you rely on them.

This article is for general information only. It is not legal advice and does not create an attorney-client relationship. Reading it does not make LA Law Group your lawyers. Results depend on the facts and California law. Prior results do not guarantee a similar outcome. Attorney Advertising.

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