Every California injury lawyer has seen the same scenario. A client walks in 18 months after a serious injury, well within the ordinary two-year statute of limitations, ready to file suit. During intake, the facts come out: the crash involved a public bus, or happened on a Caltrans-controlled section of freeway, or was caused by a dangerous sidewalk maintained by the city. And the lawyer has to deliver the bad news. The window closed twelve months ago.
This article walks through why that scenario happens, what the underlying rule is, and how to prevent it.
Two Deadlines, Not One
Most California injury victims believe they have two years to file a personal injury lawsuit. Under California Code of Civil Procedure §335.1, they are correct, if the responsible party is a private one. Two years, from the date of the injury, is the ordinary California statute of limitations for personal injury.
But if the responsible party is a California public entity, the rule changes completely. Under California Government Code §911.2, the injury victim has six months to file a written administrative claim with the public entity. Not a lawsuit. A paper claim, delivered to the specific claims office of the specific public entity, in the form required by California Government Code §910.
The public entity then has 45 days to respond under Government Code §912.4. After rejection (or after the 45 days lapse), the injury victim has a further shortened window under Government Code §945.6, generally six months from the rejection, to file the civil lawsuit.
If the six-month claim clock runs out, the case against the public entity is generally barred. The ordinary two-year statute does not save it.
Who Is a “Public Entity”
The reach of the rule surprises many injury victims. Under California Government Code §811.2, “public entity” includes:
- The State of California and every state agency (Caltrans, CHP, the DMV, the Department of Corrections, and more).
- All 58 California counties, including LA County.
- All 482 California cities, including the City of Los Angeles and Long Beach.
- School districts and community college districts (including LAUSD).
- Special districts (LA Metro, water districts, park districts, harbor districts, and hundreds of others).
- Public authorities and joint powers agencies.
- Employees of any of the above acting within the scope of employment.
If any layer of California government is potentially responsible for the injury, the Government Claims Act applies to that layer.
Common Fact Patterns That Trigger the Rule
Some situations where the six-month rule regularly applies:
Highway crashes with a road-condition angle. Caltrans owns and maintains most of California’s state highway and interstate system, including portions of the 405, 5, 101, 10, 15, 210, and Pacific Coast Highway. If road design, pavement condition, missing or malfunctioning signage, defective signals, or construction-zone hazards contributed to a crash, Caltrans is potentially a defendant.
Local street and sidewalk cases. Cities and counties are responsible for local streets and sidewalks. Uneven or damaged sidewalks that cause falls, unrepaired potholes, dangerous intersections, and construction hazards on local roads all generate Government Claims Act cases.
Public vehicles. Any crash involving a police vehicle, sheriff’s vehicle, city or county public works truck, transit bus, school bus, or state fleet vehicle triggers the six-month deadline on the public-entity claim, even while the ordinary two-year rule continues to run against private parties in the same incident.
Dangerous condition of public property. Under Government Code §835, public entities are liable for dangerous conditions of property they own or control. This includes broken sidewalks, defective playground equipment, unsafe park structures, hazards at public swimming pools, and dangerous conditions in public buildings.
Public schools. Injuries at public schools, on school grounds, on school-sponsored trips, and at district-run after-school programs are Government Claims Act cases.
K-9 dog bites and animal control incidents. A bite by a K-9 police dog or by an animal in the custody of animal control triggers the Government Claims Act alongside the ordinary California Civil Code §3342 strict liability standard.
The Wrong Office Problem
Filing on time is not enough. The claim has to go to the correct claims office of the correct public entity. Some general guidance:
- The City of Los Angeles accepts claims through the Office of the LA City Clerk, which forwards them to the City Attorney’s Office.
- The County of Los Angeles accepts claims through the Executive Officer-Clerk of the Board of Supervisors.
- Caltrans and other state agencies are served through the California Department of General Services / Government Claims Program.
- School districts have designated claims administrators, which vary by district.
- Transit agencies have their own claims offices; LA Metro, Long Beach Transit, and OCTA all have separate procedures.
Each has its own form, its own required content, and its own service method. A claim served on the wrong office can be rejected as untimely, even if it was filed within the six-month window.
Late-Claim Relief
California recognizes limited exceptions. Under Government Code §911.4, a late-claim application may be filed within one year of the injury on grounds including excusable delay, mistake, inadvertence, or minority. Under §911.6, the public entity has discretion to accept or reject that application. Rejected applications can be reviewed by the court, but the review is deferential to the entity.
Minors get somewhat more latitude, but the six-month clock still runs, and evidence preservation is time-sensitive regardless.
Practical Steps: The Six-Month Clock Started on the Day of the Injury
If any of the following are true, treat the case as a potential Government Claims Act case immediately:
- A vehicle involved was owned by or in the service of a public agency.
- The injury happened on a road that may be state, city, or county controlled.
- The injury happened on public property.
- The injury happened at a school, park, or municipal facility.
- Any government employee acting on the job was involved.
The mistake most California injury victims make is waiting to see how the case develops. In an ordinary case that is fine, the two-year statute of limitations under Code of Civil Procedure §335.1 gives you room. In a Government Claims Act case, it does not. The six-month clock ran from the day of the injury, regardless of whether you knew a public entity was involved.
At Ravan Law, attorney Ted H. Ravan offers free California case reviews, personally, within 24 hours. Same-day evaluation of whether a public entity may be a defendant. Government Claims Act filings prepared and served on the correct claims office. You pay nothing unless we recover compensation for you. If your injury has any potential public entity injury claim angle, get a free case review from a Los Angeles personal injury firm today. The six-month deadline is not the kind of thing you want to learn about at month seven.
Attorney Advertising. Ted Ravan, Ravan Law, Los Angeles, CA. This content is general information, not legal advice and does not create an attorney-client relationship. Every case depends on its specific facts.
