California Government Claim Deadline: The 6-Month Rule

The California government claim deadline may give you as little as six months to act after an injury. That is much sooner than the time many people expect for a personal injury lawsuit. If you are thinking about suing a government entity in California, the first step is usually to present a written claim to the right public entity. Waiting to finish treatment or hear back from an insurer can use up that time. The rules below explain when you must file a claim, what happens after you file it, and why speaking with a lawyer promptly matters.

If you or someone you love was hurt by a government entity, call the Law Offices of Pius Joseph right away for a free consultation. The first step is making sure you don’t lose your rights because of a deadline you didn’t know existed.

The 6-Month Government Claim Deadline

For a claim involving injury to a person, death, or damage to personal property, California Government Code section 911.2 requires presentation within six months after the claim accrues. In many injury cases, that means counting from the incident, but the legal accrual date can depend on the facts. A lawyer can assess that date; guessing can cost you the claim. The statute gives one year for certain other types of claims, so what the claim is about matters.

This is a deadline to present a claim to the public entity, not the deadline to file a lawsuit in court. When a claim is required, California Government Code section 945.4 bars a suit for money or damages until the claim has been presented and acted on or deemed rejected. The California Government Claims Act is sometimes called the California Tort Claims Act.

When Does the 6-Month Rule Apply?

The rule applies when a claim seeks money from a city, county, state agency, public transit agency, or school district. Picture an injury involving a city bus, a public school, or a hazard on government property. Those situations do not, by themselves, prove liability. For example, a dangerous-condition claim has its own requirements under Government Code section 835, which sits alongside the general rules for a dangerous condition on government property. The six-month category also covers qualifying wrongful death claims and injury to personal property, not just physical injuries to the claimant.

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How to File a Government Claim in California

These are the general steps an attorney will check. The right recipient and method matter, especially if more than one agency may be involved.

Identify the public entity. Determine whether the claim belongs with a city, county, school district, transit agency, the state, or another body. Sending it to the wrong entity may leave the correct one without a timely claim.
Prepare a written claim. Ask whether the agency has its own claim form. Under Government Code section 910, a claim must include the claimant’s name and post office address; an address for notices; the date, place, and circumstances; a general description of the injury or loss; and, if known, the names of involved public employees. The amount matters too: the claim must state the amount sought if it would be under ten thousand dollars, and otherwise indicate whether the case would be a limited or unlimited civil case. Section 910.2 generally requires a signature.
Present it through an authorized channel. Section 915 sets different recipients for local public entities and the state. For example, local claims can be delivered to the clerk, secretary, or auditor, or mailed as the statute allows; state claims generally go through the Department of General Services. Electronic filing for a local entity requires the statute’s express authorization.
Keep a complete record. Save the signed claim, any required form, delivery evidence, and every response. A lawyer can check whether the contents, recipient, and timing satisfy the law. An accident report alone is not a reliable substitute for this claim process.

What Happens After You File (45 Days & “Deemed Denied”)

Close-up of an injured person's bruised forearm and bandaged wrist during a legal consultation, as an attorney reviews paperwork and takes notes across the table

The public entity has 45 days after presentation to act on a claim. The claimant and entity can extend that period by written agreement under Government Code section 912.4. If the entity does not act within the applicable period, the claim is deemed rejected on its last day. People often call this “deemed denied.” That result lets the claimant consider a lawsuit; it does not mean a court has decided who is at fault.

The next deadline depends on notice. If the entity gives a written rejection notice that meets section 913, section 945.6 gives six months from the date the notice is personally delivered or mailed to start a court action. If you don’t receive a qualifying written notice, section 945.6 provides two years from accrual, subject to its terms and exceptions. The 45th day does not automatically start a fresh six-month period to sue. Save the envelope or delivery record and get legal advice as soon as any response arrives. A later written notice may change which deadline applies.

What If You Missed the 6-Month Deadline?

Missing the initial claim deadline is serious, but you may have a limited path to request permission to present a late claim. Under Government Code section 911.4, the written application generally must reach the appropriate public entity within a reasonable time, no later than one year after accrual, and include the proposed claim and the reason for delay. That year is not an automatic extension of the original deadline. The statute has a specific rule for periods of mental incapacity without a guardian or conservator; do not assume that being a minor stops the one-year clock.

Section 911.6 describes grounds that may support relief, including qualifying mistake, inadvertence, surprise, or excusable neglect without prejudice to the entity, certain circumstances involving minors or physical or mental incapacity, and death before the claim period ends. These grounds have conditions. A late application is not approved simply because the injury is severe or the claimant did not know about the rule.

If the entity denies the application or it is deemed denied, section 946.6 allows a petition in the proper superior court, generally within six months of that denial. Relief is fact-dependent, and a court order has a separate deadline to file suit. Speak with a lawyer immediately rather than treating the one-year limit as time you can safely use.

Government Claim Deadline vs. the Normal Injury Deadline

California’s statute of limitations for a personal injury or wrongful death lawsuit is two years under Code of Civil Procedure section 335.1. That general rule does not replace the earlier claim-presentation requirement when the Government Claims Act applies. You may need to deliver the government claim within six months before you can proceed with any suit. After the entity acts or the claim is deemed rejected, you must assess a separate lawsuit deadline under Government Code section 945.6. Our page on the two-year deadline that applies to most injury claims covers how the ordinary rule works and where the exceptions sit.

Do not use the ordinary two-year rule as a reason to wait. If you are unsure whether a public entity or a private party is responsible, an attorney can check both possible paths while time remains. When a claim accrued can also change the calculation, so calendar estimates are no substitute for a case-specific review.

Frequently Asked Questions

Featured California Claim Deadline FAQs

How long do I have to file a claim against the government in California?

For injury, wrongful death, and personal-property damage claims covered by section 911.2, the usual presentation period is six months from accrual. Some other claims have a one-year period. The event date and legal accrual date are not always the same. If either is uncertain, ask a lawyer to calculate the date now.

What happens if I miss the deadline?

A late-claim application may be available, but the public entity must evaluate it under specific statutory grounds. If it is denied, you may be able to file a court petition within a separate six-month period. Keep records explaining the delay, including relevant medical documents, and seek advice quickly; relief is never guaranteed.

How do I file a government claim?

It must be a written claim that reaches the proper public entity through a legally permitted method. An agency form can help collect required information, but a police or incident report does not, by itself, establish proper claim presentation. Bring any draft, report, and agency correspondence to a lawyer for review before the deadline.

Can I still sue after my claim is denied?

Potentially, yes. A rejection does not decide whether the lawsuit will succeed. It clears a procedural step, subject to other legal requirements. The date and form of a written rejection notice affect the time to sue, so keep the full notice and envelope. Ask counsel to review it rather than counting from the incident or the 45th day alone.

Injured by a Government Entity? Talk to Law Offices of Pius Joseph Today

If a city, school district, transit agency, or other public body may be involved, tell us when and where the incident happened and bring any claim form or rejection letter you have. The Law Offices of Pius Joseph serves clients in Pasadena and throughout Los Angeles County, and we handle every kind of personal injury claim the six-month rule can reach. Schedule a free consultation as soon as you can so we have time to identify the right agency and preserve your options.

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