When someone is injured because of another person’s careless or negligent actions, they typically have the right to file a personal injury claim. However, when the wrongdoer is a government agency, public employee, or public institution, the process is not the same. Many people assume they can simply pursue compensation through a standard lawsuit, but California law imposes special rules and strict deadlines when the government is involved.
These rules fall under what is known as the California Government Claims Act (also referred to as the Tort Claims Act). And one of the most important and frequently misunderstood requirements is this:
Before filing a lawsuit against a government entity, you must file a formal claim within 6 months of the injury.
Missing this deadline can permanently prevent an injured person from recovering compensation, even if the government’s negligence was clear and obvious. This is why understanding the Government Claims Act is critically important and why immediate legal guidance is often necessary.
This article explains the purpose of the Act, when it applies, how to file a claim, exceptions to the six-month deadline, and why timing matters. At Malk & Pogo, we help clients navigate these complex rules so their rights remain protected.
What Is the California Government Claims Act?
The Government Claims Act is a law that requires individuals to file a written claim directly with a government entity before filing a lawsuit for money damages. Only after the government denies, rejects, or ignores the claim can the injured person proceed to court.
Why This Law Exists
The law was designed to:
- Give government agencies notice of potential claims
- Allow time to investigate before litigation
- Encourage early resolution where possible
However, in practice, it creates procedural barriers that do not exist in typical personal injury cases. These rules are strict, and courts rarely make exceptions unless the situation qualifies under specific statutory exceptions.
When Does the Government Claims Act Apply?
The Act applies when a claim is made for money damages against a public entity, including:
- Cities and counties
- State agencies and departments
- Public school districts
- Police departments
- Transit agencies (e.g., Metro, bus lines)
- Public hospitals and medical facilities
- Public universities and colleges
It also applies to public employees, such as:
- Police officers
- Teachers
- Bus drivers
- City maintenance workers
- Government contractors acting under public authority
Examples of Cases That May Involve Government Liability
- A city bus causes a traffic collision.
- A pedestrian trips on a broken city sidewalk or public walkway.
- A government building has unsafe conditions causing injury.
- A police pursuit causes injury to a bystander.
- A school employee negligently supervises students leading to harm.
- A public hospital fails to meet standards of medical care.
If a government entity played any role in causing the harm, the Act may apply and the filing requirements become crucial.
The Critical 6-Month Deadline
The most important rule in the Government Claims Act is the time limit for filing a claim. Claims involving bodily injury, wrongful death, or property damage must be filed within 6 months (180 days) of the date of the incident. This is significantly shorter than the typical personal injury statute of limitations, which is generally two years.
Why This Deadline Matters
If the claim is not filed on time, the injured person can be barred from filing a lawsuit entirely. It does not matter:
- How strong the evidence is
- How severe the injuries are
- Whether the government clearly caused the harm
The 6-month deadline is one of the strictest requirements in California civil law. This is why contacting an attorney early can preserve your rights and your ability to recover compensation.
What Happens After the Claim Is Filed?
Once the government receives the claim, it has 45 days to respond. There are three possible outcomes:
- Claim is accepted. The government agrees to pay (uncommon).
- Claim is denied. The injured person then has 6 months from the denial date to file a lawsuit in court.
- No response is given. If the government does not respond within 45 days, the claim is considered rejected, and the injured person may then proceed with a lawsuit.
Because deadlines restart from the date of denial, having documentation and record tracking is essential.
Exceptions to the 6-Month Deadline
While the rule is strict, there are limited circumstances where a late claim may still be allowed. These situations are evaluated case-by-case and require strong justification.
1. Minors
If the injured person is under 18, they may have additional time to file. However, waiting is still risky, and legal advice should be sought immediately.
2. Physical or Mental Incapacity
If the victim was unable to file due to severe injury, medical incapacity, or cognitive impairment, additional time may be allowed.
3. Lack of Knowledge of the Injury
In cases where the injury was not immediately discoverable (for example, medical negligence), the clock may begin when the injury is reasonably recognized.
4. Delayed Claim Application
A claimant may file an application for leave to file a late claim, but this must be submitted within one year of the incident and approval is not guaranteed.
Even when an exception seems to apply, proving it requires legal evidence and written documentation. Government agencies rarely grant extensions voluntarily.
Common Examples of Government Negligence Claims
Public Transportation Accidents
Buses and trains must follow strict safety protocols. Failure to maintain vehicles or follow traffic rules can result in liability.
Dangerous Condition of Public Property
Uneven sidewalks, broken stairs, and missing guardrails can lead to slip and fall injuries or serious pedestrian accidents.
Injury Caused by Public Employees
If a city worker causes a traffic collision or acts negligently during work duties, the government may be responsible.
School and Campus Injuries
Schools have a duty to provide safe supervision. Negligent supervision can result in liability for student injuries.
Police Misconduct or Excessive Force
Claims involving law enforcement have additional evidentiary considerations, making timely filing even more essential.
In each scenario, the public nature of the entity triggers the Government Claims Act.
Why These Claims Are More Complicated Than Standard Injury Cases
Government claims require:
- Strict adherence to statutory timelines
- Clear, precise written notice
- Identification of the correct public entity (or multiple entities)
- Legal language describing the incident and damages
Filing in the wrong agency or using incomplete information can invalidate the claim. This is why professional legal representation is strongly recommended.
Why Timing and Documentation Matter
Because the timeline is short and the government rarely accepts responsibility voluntarily, every step must be handled carefully and promptly:
- Medical treatment should be documented from the beginning.
- Photographs of the scene and injuries should be taken.
- Witness statements should be collected early.
- All correspondence with government agencies should be saved.
Any delay increases the risk of losing the right to recover compensation.
Contact Malk & Pogo for Guidance and Representation
Cases involving government entities are fundamentally different from standard personal injury cases. The rules are stricter, the deadlines are shorter, and the consequences of mistakes are more severe. If you believe a government agency or public employee played a role in causing your injury, it is important to act quickly.
At Malk & Pogo Law Group, we:
- Evaluate your case and identify the correct government agency to notify
- File the claim within the required time frames
- Pursue compensation for medical costs, lost wages, and other damages
- Handle communications with government adjusters and legal departments
- Prepare litigation if the claim is denied
We offer free consultations, and we do not collect any fees unless we obtain compensation for you. Contact us directly to discuss your case. We are here to protect your rights and help you move forward.