PERSONAL INJURY | 2026-10-30

Suing a Public Entity in California: The Government Claims Act Presentation Requirement and the Six-Month Deadline

Before you can sue a California city, county, state agency, school district, or transit authority for a personal injury, you must first present a written claim to the entity — and for injury or death, the deadline is just six months. Miss it, and the lawsuit is barred unless you obtain leave to file a late claim. The Government Claims Act is a trap for the unwary that has ended many otherwise valid cases.

A personal-injury claim against a public entity in California — a city, county, the state, a school district, a transit agency, or a public hospital — is governed by rules that do not apply to claims against private defendants. Under the Government Claims Act (Government Code §810 and following), an

Some of the most serious injuries involve a government defendant — a collision with a city bus or a government vehicle, a dangerous condition on public property, a fall on a government sidewalk, or the negligence of a public hospital. These cases are winnable, but they come with a procedural trap that destroys claims every year: the requirement to present a written claim to the public entity within a short deadline before suing. This guide explains the Government Claims Act presentation requirement, the deadlines, the late-claim procedures, and how to protect your right to sue.

What the Government Claims Act Requires

The Government Claims Act (Government Code §810 et seq., historically called the Tort Claims Act) governs claims for money or damages against California public entities and their employees. Its central procedural rule is the claim-presentation requirement: before filing suit against a public entity, the claimant must present a written claim to that entity, and the entity must have acted on or rejected the claim (or the time for it to act must have expired). Government Code §945.4 states the rule directly — no suit for money or damages may be brought against a public entity until a claim has been presented and acted upon or deemed rejected. Presentation is not a mere formality; it is a substantive precondition to the right to sue.

The Six-Month Deadline for Injury and Death

The deadline depends on the type of claim. For claims relating to a cause of action for death or for injury to person or to personal property, the claim must be presented not later than six months after the cause of action accrues (Government Code §911.2). For other claims — such as those relating to real property or contract — the deadline is one year. The six-month period for injury and death claims is the critical one for personal-injury practice, and it is dramatically shorter than the two-year statute of limitations under Code of Civil Procedure §335.1 that governs an ordinary negligence claim against a private party. An injured person who waits, assuming they have two years, can lose the claim against a public entity months before they even think to consult a lawyer.

What the Claim Must Contain

The claim must be in writing and must include the information specified by Government Code §910: the claimant’s name and address, the address for notices, the date, place, and circumstances of the occurrence, a general description of the injury or loss, the name(s) of the public employee(s) causing it if known, and the amount claimed (with the basis of computation) if it is less than ten thousand dollars, or an indication of whether it is a limited or unlimited civil case if more. A claim that substantially complies with these requirements is generally sufficient, and a defective claim may be treated as triggering the entity’s duty to notify the claimant of the defect. But the safer course is a complete, timely claim, because defects and omissions invite disputes that a careful filing avoids.

Where and How to Present the Claim

The claim must be delivered or mailed to the correct recipient — generally the clerk, secretary, auditor, or governing body of the entity, as specified by Government Code §915. Presenting a claim to the wrong office can mean it was never properly presented, and California courts have enforced the delivery requirements with some rigor. Identifying the correct public entity (which is not always obvious — a road may belong to a city, a county, or the state; a bus may be operated by a transit district) and the correct address for presentation is itself part of protecting the claim, because a claim presented to the wrong entity does not satisfy §945.4 as to the right one.

What Happens After Presentation

Once a claim is presented, the public entity has 45 days to act on it (a period the parties can extend by agreement). The entity may reject the claim, allow it, or do nothing. If the entity rejects the claim and gives proper written notice of rejection, the claimant generally has six months from the date the notice is personally delivered or deposited in the mail to file suit. If the entity gives no notice, a longer period (generally two years from accrual) applies to filing suit. The rejection notice therefore starts a new, short clock, and a claimant who receives one must calendar the six-month lawsuit deadline immediately, because it is independent of the ordinary statute of limitations.

Missing the Deadline: The Late-Claim Application

A claimant who fails to present a claim within the six-month period is not necessarily out of options. Under Government Code §911.4, the claimant may apply to the entity for leave to present a late claim, and that application must be made within a reasonable time and not later than one year after accrual. Under Government Code §911.6, the entity must grant the application in specified circumstances — most importantly, where the failure to present a timely claim was through mistake, inadvertence, surprise, or excusable neglect and the entity was not prejudiced, or where the claimant was a minor during the six-month period, or was physically or mentally incapacitated, or died before the period expired. The one-year outer limit is a hard cutoff: an application for leave to present a late claim filed more than a year after accrual generally cannot be granted.

If the Late-Claim Application Is Denied: §946.6

If the public entity denies the application to present a late claim, the claimant may petition the superior court for relief from the claim-presentation requirement under Government Code §946.6. The petition must be filed within six months after the application is denied or deemed denied. The court may grant relief on grounds similar to those in §911.6 — chiefly excusable neglect, minority, or incapacity, coupled with the absence of prejudice to the entity. The §946.6 petition is the last chance to preserve a claim that missed the six-month deadline, and because it turns on discretionary findings, it is far less certain than simply presenting a timely claim in the first place.

Why Accrual and Delayed Discovery Matter

The six-month clock runs from accrual of the cause of action, which is ordinarily when the injury occurs — but California’s delayed-discovery rule can postpone accrual where the injury or its cause is not immediately known. In most traumatic-injury cases (a collision, a fall), accrual is clear and the clock starts at once. In cases of latent harm, accrual may be delayed until the claimant discovers, or reasonably should have discovered, the injury and its negligent cause. Because the application of delayed discovery against a public entity is fact-specific and contested, a claimant should not rely on it to extend the six months; the prudent course is to present the claim promptly from the date of injury.

Claims Against Public Employees

The Act also affects claims against public employees. A claim against a public employee for an act or omission in the scope of employment is generally subject to the same presentation requirement that applies to the employing entity, and the entity is typically obligated to defend and indemnify the employee. This means a plaintiff cannot sidestep the claim-presentation requirement by suing the individual employee instead of the entity for conduct within the scope of employment. Identifying both the entity and the responsible employees, and presenting the claim accordingly, keeps all viable defendants in the case.

Why This Matters So Much in Practice

The claim-presentation requirement is one of the most common ways a meritorious injury claim is lost. An injured person focused on medical treatment and recovery, unaware that a government defendant triggers a six-month clock, may consult a lawyer only after the window has closed. Even then, late-claim relief is discretionary and far from guaranteed. The single most important protective step is to identify a potential public-entity defendant early and present a timely claim — which is why anyone injured by a government vehicle, on public property, or through the conduct of a public agency should seek legal advice promptly, not months later.

Frequently Asked Questions

Do I really have to file a claim before suing a city or the state?

Yes. Under Government Code §945.4, you generally cannot sue a public entity for money or damages until you have presented a written claim and the entity has acted on or rejected it. Presentation is a precondition to suit, not an optional step.

How long do I have to present the claim?

For claims relating to death or injury to person or personal property, six months from accrual under Government Code §911.2. For other claims, such as real property or contract, one year. The six-month injury deadline is much shorter than the ordinary two-year personal-injury statute of limitations.

What has to be in the claim?

Government Code §910 requires the claimant’s name and address, the date, place, and circumstances of the occurrence, a general description of the injury or loss, the responsible employees if known, and the amount claimed or the case designation. Substantial compliance is generally enough, but a complete, timely claim is safest.

What if I miss the six-month deadline?

You may apply to the entity under Government Code §911.4 for leave to present a late claim, within a reasonable time and no later than one year after accrual. Under §911.6 the entity must grant it in specified situations, such as excusable neglect without prejudice, minority, incapacity, or death during the period.

What if the entity denies my late-claim application?

You may petition the superior court under Government Code §946.6 within six months of the denial. The court may grant relief on grounds like excusable neglect, minority, or incapacity, with no prejudice to the entity. It is a discretionary last resort, far less certain than a timely claim.

When does the six-month clock start?

At accrual of the cause of action, usually when the injury occurs. California’s delayed-discovery rule can postpone accrual for latent injuries, but because its application against a public entity is contested, you should present the claim promptly from the date of injury rather than rely on delayed discovery.

How long do I have to file suit after my claim is rejected?

If the entity gives proper written notice of rejection, you generally have six months from the date the notice is delivered or mailed to file suit. If no notice is given, a longer period applies. The rejection notice starts a new, short clock independent of the ordinary limitations period.

Can I avoid the requirement by suing the employee instead of the agency?

Generally no. A claim against a public employee for conduct within the scope of employment is subject to the same presentation requirement, and the entity usually must defend and indemnify the employee, so suing the individual does not sidestep the claim requirement.

Identifying the Right Public Entity

A practical difficulty unique to these cases is figuring out which public entity is responsible, because California’s overlapping governments make ownership and control less than obvious. A roadway may be maintained by a city, a county, or the state; a bus may be run by a transit district; a dangerous condition may be on property owned by one entity but controlled by another. Because a claim presented to the wrong entity does not satisfy the requirement as to the right one, and because the six-month clock runs regardless, early investigation to pin down the correct defendant — sometimes more than one — is essential. When responsibility is genuinely unclear, presenting claims to each potentially responsible entity within the deadline preserves the claim against all of them while the facts are sorted out.

Coordinating the Claim With the Lawsuit Timeline

The claim-presentation process creates a two-stage timeline that must be managed together: first the six-month claim deadline, then the post-rejection deadline to file suit. A claimant who presents a timely claim but then misses the six-month lawsuit deadline after a proper rejection notice loses the case just as surely as one who never filed a claim. Both deadlines should be calendared the moment they are triggered — the claim deadline from the date of injury, and the suit deadline from the date of the rejection notice. Because these government-claim deadlines run independently of, and far shorter than, the ordinary statute of limitations, treating a public-entity case like an ordinary injury case is the mistake that most often proves fatal, and it is entirely avoidable with prompt legal advice.

Tolling and Relief for Minors and the Incapacitated

The Act makes special provision for claimants who could not reasonably act within the six-month window. Under Government Code §911.6, the entity must grant a timely application to present a late claim where the claimant was a minor during all of the six-month period, or was physically or mentally incapacitated during that time and the incapacity caused the failure to present, or died before the period expired. These provisions recognize that an injured child or an incapacitated adult cannot be expected to navigate the claim process on the ordinary timetable. They are not, however, open-ended: the one-year outer limit on applying for leave to present a late claim still looms, and the relief for incapacity turns on a causal link between the incapacity and the missed deadline. Families of injured minors in particular should not assume minority automatically preserves a claim indefinitely; the safer course remains prompt presentation, with the minority provision as a backstop rather than a plan.

Claims Against the State Versus Local Entities

Although the claim-presentation framework is uniform in its essentials, the mechanics differ depending on the defendant. Claims against the State of California and many state agencies are presented to a central state board that administers government claims, while claims against local public entities — cities, counties, districts — are presented to the particular entity under the §915 delivery rules. Identifying the right recipient and the right procedure for the specific defendant is part of perfecting the claim, because presenting to the wrong body does not satisfy the requirement as to the correct one. When a case potentially involves both state and local defendants — for instance, an incident on a road where responsibility is shared or disputed — the claimant must satisfy each entity’s presentation requirements separately and within the same six-month clock.

Preserving Evidence While the Claim Is Pending

The claim-presentation period is also a window for preserving evidence that a public entity may control. Dangerous-condition cases often depend on maintenance records, prior-complaint logs, inspection histories, and physical conditions that can change quickly after an incident. A prompt claim, paired with a preservation demand, puts the entity on notice to retain relevant records and can prevent the loss of evidence that proves the entity had notice of the hazard — a frequent element in dangerous-condition liability. Acting early therefore serves two purposes at once: it satisfies the strict presentation deadline, and it locks down the proof the case will later require, before routine record-retention cycles or repairs erase it.

Related Guides

For related reading, see our guide on the duty of care and the Rowland factors and our personal-injury practice overview. When a government entity is a defendant, the claim-presentation requirement can decide whether the case can be brought at all.

Speak With a California Personal-Injury Attorney

If you were injured by a public entity — a city or county, the state, a transit agency, a school district, or a public hospital — the six-month claim-presentation deadline can bar your case before you know it exists. Trembach Law Firm identifies the responsible entities, prepares and presents timely claims, pursues late-claim relief when necessary, and litigates injury and wrongful-death actions against government defendants. Call (213) 645-2246 for a consultation. Anatolii Trembach holds an LL.M. and is admitted to the California Bar.

This article provides general information about California law and is not legal advice. Government-claim deadlines are strict and fact-specific. Consult a qualified attorney promptly about your particular situation.

Contact Trembach Law Firm at (818) 514-7680 for a confidential consultation.

Trembach Law Firm | 27001 Agoura Road, Suite 350, Calabasas, CA 91301