When a government agency’s negligence causes your injury, California law may allow you to pursue compensation. However, suing a government entity differs from suing a private party. The Government Claims Act (often called the California Tort Claims Act) sets strict procedures and deadlines. Understanding how these claims work helps protect your legal rights.
Dordick Law Corporation helps injured Californians navigate this process and pursue compensation. Start with our Southern California personal injury practice area hub to see the types of cases we handle, learn more about our firm, and review our attorneys.
Understanding Government Liability in California
Public entities can be liable for injuries caused by unsafe or unmaintained public property, negligent actions by government employees, and failures to keep facilities reasonably safe. Many of these cases fall under the broader umbrella of premises liability when the injury ties to a hazardous condition.
When you’re hurt due to a public entity’s negligence, you may have grounds for a Southern California personal injury claim. Examples include potholes or broken sidewalks, unsafe conditions in government buildings, negligent actions by government employees, and failures to repair known hazards on public property.
If you suffered life-changing harm, you may need to document future care and income loss tied to catastrophic injuries. You must also prove causation and damages through evidence that fits the legal theory of liability.
How Government Entities Differ from Private Defendants
California law limits when you can sue a public entity. Public entities generally are not liable for injuries unless a statute allows the claim. (Cal. Gov. Code, § 815.) California law provides specific bases for liability, including liability for employee conduct in some situations (Gov. Code, § 815.2) and for dangerous conditions of public property (Gov. Code, § 835).
For the current statutory text, review Gov. Code § 815 and Gov. Code § 835.
The California Tort Claims Act: Your Legal Framework
California’s Government Claims Act (Gov. Code, §§ 810–996.6) governs many claims against public entities. This law creates a mandatory administrative process that you must follow before filing many state-law lawsuits in court. If you skip required steps, you can lose your right to sue.
In many injury cases against a public entity, you generally must first present a written claim within six months of when the claim accrued. (Gov. Code, § 911.2(a).) Accrual often occurs on the injury date, but it can differ in some situations. See Gov. Code § 911.2.
After you present a claim, the public entity generally has 45 days to act on it. (Gov. Code, § 912.4.) See Gov. Code § 912.4.
If the public entity rejects the claim (or the claim is deemed rejected by operation of law), you may be able to file a lawsuit. If the public entity serves a written rejection notice that meets Government Code section 913, strict filing deadlines apply. (Gov. Code, §§ 913, 945.6.)
This process gives public entities an opportunity to investigate and potentially resolve claims before litigation. It also creates strict deadlines that can cut off rights quickly.
The Six-Month Notice of Claim Requirement
The most critical deadline in many government liability cases is the time to present a claim. Under California Government Code section 911.2, you generally must present a written claim within six months of when the claim accrued (often the injury date). (Gov. Code, § 911.2(a).)
Some claims can follow different presentment deadlines depending on the type of loss. A lawyer can also help you evaluate underlying injuries related to traumatic brain injury (TBI) or other conditions that may not feel severe immediately.
What Information Must Be Included in the Claim
California Government Code section 910 lists required claim contents. Review the statutory requirements at Gov. Code § 910. A claim typically includes:
- Your name and mailing address
- The mailing address where you want notices sent
- The date, place, and circumstances of the incident
- A general description of the injury, damage, or loss (to the extent known)
- The name(s) of the public employee(s) involved, if known
The exact amount claimed, if it totals $10,000 or less. If your claim exceeds $10,000, California law prohibits you from listing a specific dollar amount. However, you must indicate whether it would be classified as a ‘limited civil case’ (which currently applies to California civil cases valued under $35,000).
While the statute sets minimum requirements, adding helpful documentation can support the agency’s investigation.
If your claim involves the State of California, you may need to file through the California Department of General Services Government Claims Program.
What Happens If You Miss the Deadline
Missing the deadline often prevents a claimant from pursuing many state-law claims against a public entity. In some situations, a claimant may ask to present a late claim or seek relief from the claim requirement. (Gov. Code, §§ 911.4, 946.6.) These procedures include strict rules and time limits.
If you believe you missed a deadline, contact an attorney quickly. Waiting can reduce your options.
The Government’s Response and Your Options
After you present your claim, the public entity generally has 45 days to act on it. (Gov. Code, § 912.4.) During this period, the agency may investigate and decide whether to accept or reject the claim.
- If the public entity accepts the claim, you can negotiate a settlement.
- If the public entity rejects the claim, the entity may send a written rejection notice. If the notice meets Government Code section 913, you generally must file suit within six months from the date the rejection notice is personally delivered or deposited in the mail. (Gov. Code, § 945.6(a)(1).) You can review the statute at Gov. Code § 945.6.
- If the public entity fails to respond within 45 days or does not provide a proper section 913 notice, your claim is deemed rejected by operation of law. In this scenario, you have two years from the date of accrual (usually the date of your injury) to file your lawsuit. (Gov. Code, § 945.6(a)(2)).
These rules can be technical. An attorney can help confirm the correct deadline in your case.
Types of Government Liability Claims
Government liability claims cover many different incidents. Common categories include:
- Dangerous conditions on public property — Unsafe sidewalks, potholes, inadequate lighting, and poorly maintained public facilities can cause serious injuries. California law has specific elements for these cases, including proof of a dangerous condition and causation. (Gov. Code, § 835.) These incidents often overlap with trip-and-fall accidents and broader premises liability injuries.
- Government vehicle accidents — If a government employee causes a crash while acting within the scope of employment, the public entity may be liable. (Gov. Code, § 815.2; Veh. Code, § 17001.) See Veh. Code § 17001. Depending on the facts, this can overlap with car accidents, truck crashes, motorcycle collisions, and pedestrian accidents.
- If a public bus or transit vehicle caused the crash, review an example of a transit-related matter in our MTA bus investigation case result.
- Unsafe conditions in government buildings — Injuries from falls or unsafe conditions in courthouses, DMV offices, libraries, or other public facilities. These incidents can involve slip and fall injuries and other property-condition claims.
- Negligence by government employees — Injuries caused by government workers while performing job duties. Some incidents overlap with workplace accidents or construction site accidents, depending on where and how the injury occurred.
- Failure to maintain or repair public property — Claims involving roads, sidewalks, parks, and other public areas. These cases often raise notice and maintenance issues that fit within dangerous condition claims. (Gov. Code, § 835.)
- Police misconduct and excessive force — Depending on the legal claims you bring, you may need to present a government claim before you can pursue California state-law damages. Federal civil rights claims follow different rules. For context on state-law reforms, see Dordick Law’s discussion of California’s police use-of-force reform.
Each type of claim requires proof of legal elements, which can vary based on the theory of liability.
Why Work With Dordick Law Corporation for Your Government Liability Claim
Dordick Law Corporation handles claims subject to California’s Government Claims Act and its procedural requirements. You can learn more about our firm and review our attorneys, including Gary A. Dordick’s profile.
If you want to confirm attorney licensing information, you can use the State Bar of California attorney profile.
We work on a contingency fee basis, meaning you pay no upfront costs. We only get paid if we recover compensation for you. For more detail about fees and common client questions, review our FAQ page.
We track key deadlines and handle the claim-presentment process required under California law. We also prepare cases for litigation when a fair resolution does not occur. You can review our broader case results for examples of outcomes.
If you want to get started, you can contact us to discuss your situation and review your options.
Frequently Asked Questions About Government Liability Claims
What is sovereign immunity and how does it affect my claim
People often use “sovereign immunity” to describe legal rules that limit when someone can sue the government. In California, public entities generally are not liable for injuries unless a statute allows the claim. (Gov. Code, § 815.) California law provides specific bases for liability, including liability for employee conduct in some situations (§ 815.2) and for dangerous conditions of public property (§ 835).
Can I sue a government agency for any injury?
No. You must prove that a statute allows liability and that the legal elements apply to your case. For example, if you were injured on public property, you generally must show a “dangerous condition” and other statutory elements. (See Gov. Code, § 835.)
What damages can I recover from a government entity?
Damages depend on the facts of your case and the legal claims involved. Many claims involve economic damages (medical bills, lost wages, rehabilitation costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).
Severe injuries can require extensive treatment and documentation. Claims involving a traumatic brain injury can raise long-term care and earning-capacity issues.
Some laws limit damages in certain types of cases. An attorney can review what applies to your situation.
What if I missed the six-month deadline?
Deadlines in government claims can be strict. In some situations, a claimant may request permission to present a late claim or seek relief from the claim requirement. (Gov. Code, §§ 911.4, 946.6.) Talk to an attorney as soon as possible.
How long does a government liability claim take?
Timelines vary. The claim process includes the public entity’s response period. (Gov. Code, § 912.4.) If the case proceeds to litigation, the timeline can depend on the court, the issues, and settlement negotiations.
Do I need an attorney for a government liability claim?
You are not always required to hire an attorney. However, government claims often involve strict procedures and deadlines. A lawyer can help you present the claim properly, track deadlines, and build the evidence needed to prove liability and damages.
Contact Dordick Law Corporation Today
If you’ve been injured due to a public entity’s negligence, act quickly. Many claims require presentment within six months of accrual. (Gov. Code, § 911.2(a).)
Contact Dordick Law Corporation for a free consultation. We work on a contingency fee basis—you pay nothing unless we recover compensation for you. Call (310) 551-0949 to schedule your consultation.
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