The Six-Month Government Claims Deadline: A Trap for Injured Californians

Most Californians know there is a two-year deadline to file a personal-injury lawsuit. Far fewer know that, for claims against a public entity, there is a separate six-month deadline that runs first — and that failing to comply with it generally bars the underlying lawsuit altogether, even if the two-year statute of limitations has not expired.

The six-month deadline comes from California's Government Claims Act and is one of the most common procedural traps the firm sees in personal-injury matters where a public entity is even a possible defendant.

The general rule

Under California Government Code § 911.2, a claim against a public entity for damages arising from an injury to person or to personal property generally must be presented to the public entity within six months after the cause of action accrues — typically, six months after the incident.

That presentation is not a lawsuit. It is a separate, formal filing on a specific form (or a writing that contains the statutory content) delivered to the entity's designated claims office.

If the entity rejects the claim, the claimant generally has six months from the rejection to file a lawsuit. If the entity does not act, a deemed-rejection rule kicks in, with its own timing. If the original claim was not presented within the six-month window, the right to sue is generally barred unless the claimant obtains leave to file a late claim — a separate, fact-specific procedure that is not always available.

What a public entity is

The "public entity" definition is broader than most people expect:

• The State of California and its agencies and departments
• Counties, cities, and city/county combinations
• School districts, community-college districts, and community-services districts
• Transit agencies (BART, MTA, MTS, NCTD, Metro)
• Hospitals operated by public agencies
• Public universities (UC, CSU, community colleges)
• Joint-powers authorities created by public entities
• Special districts (water, fire, recreation, etc.)

If the at-fault party in your incident is — or might be — any of these, the six-month clock is running.

Common scenarios where it applies

A non-exhaustive list of situations where the firm sees the six-month deadline come into play:

• Collision with a city bus, school bus, or any government vehicle
• Slip-and-fall on a public sidewalk, in a public building, or at a public park
• Dangerous-condition claims for a public roadway, bicycle path, trail, or beach access
• Negligent maintenance of public landscaping, signage, or safety equipment
• Incidents in a public hospital, clinic, or jail
• Excessive force, false arrest, or other claims against a public agency (which can also have federal civil-rights overlays with their own timelines)

In each of these, the existence of an additional non-public defendant does not extend the deadline against the public defendant. A pedestrian struck on a public crosswalk by a private driver may have a two-year window to sue the driver but only a six-month window to present a claim against the city responsible for the crosswalk.

What the claim has to contain

The presentation must contain the items specified in Government Code § 910 — generally:

• The name and address of the claimant and a contact for notices
• The date, place, and circumstances of the incident
• A general description of the injury, damage, or loss incurred
• The name(s) of the public employee(s) involved, if known
• The amount claimed if it is $10,000 or less, or whether the case would be a limited-jurisdiction or unlimited-jurisdiction matter if it exceeds that amount
• Signature

Most public entities have their own claim form, which is simply a structured way to capture the § 910 content. Use it; deviating from the entity's preferred form sometimes produces administrative delays even when the substance is fine.

Where the claim has to go

To the public entity itself, at the address the entity designates for claims. For state agencies, claims generally go to the California Department of General Services' Government Claims Program. For counties and cities, claims generally go to the clerk of the relevant board or council, or to a specific risk-management office. The address matters; presenting the claim to the wrong office (or to the wrong entity) does not stop the clock.

Common failure patterns

Three patterns the firm sees:

The "I'll deal with it once I'm out of medical treatment" plan. Treatment that runs four months can mean a claim is being prepared in month five or six with very little margin for error. The presentation has to be in the entity's hands within six months, not "in process."

Suing a public-entity employee individually under the apparent assumption that the entity is not a defendant. California's claims rules generally apply to claims for acts of public-entity employees within the scope of employment, even when the employee is also named individually. Naming the individual without timely-presenting against the entity often defeats both.

Misidentifying the entity. A street that looks like it is in one city may actually be a state highway, or be controlled by a county, or be on private property leased to a public agency. Determining the right defendant is itself part of the early case work in any incident on or near public property, and getting it wrong can be fatal.

Late-claim relief

Government Code § 911.4 allows an application for leave to present a late claim under specified circumstances — typically requiring that the failure to present timely was due to mistake, inadvertence, surprise, or excusable neglect, and that the public entity will not be prejudiced. The application must itself be filed within a defined period after the original deadline, and the statute is strictly construed.

Late-claim relief is sometimes available; it is never reliable. Treating the six-month deadline as the actual deadline — not as a soft target with backup options — is the only safe approach.

Practical takeaway

If you have been injured in California and there is any possibility that a public entity is partly responsible — even a possibility you are not sure about — call a lawyer promptly. The six-month clock is unforgiving, and a short conversation early can be the difference between a viable claim and one that is procedurally lost before anyone even read the medical records.

If you are in that position, please contact the firm. Initial consultations on California personal-injury matters are at no cost.

This article is general information and not legal advice. The Government Claims Act has specific rules that change periodically; specific situations need specific review.