California Government Claim

1. Introduction
In California, before you may sue a public entity (a state, county or local governmental entity) or a government employee for money damages, you must first file a claim meeting the requirements of the California Tort Claims Act. With very limited exceptions, no lawsuit for money damages may be brought against a governmental entity (Government Claim) unless a written claim has been properly filed within the six-month time limit. We recommend that you talk to an attorney who specializes in the relevant area of law (for example, personal injury or medical malpractice) to get more specific information about your potential government claims and time lines.

2. When a claim is necessary
If the government injures you, this injury is called a "tort." The person filing the “tort claim,” usually the injured person is called the “claimant.”

3. Who may file a claim
You may file a claim against a governmental entity on your own behalf or on behalf of someone else who was injured.

4. How to file a claim
You can file a government claim attorney at LALaw24 against a county or local governmental entity or employee directly with the entity's governing board or clerk. You may deliver the claim in person or by mail. Gov't Code section 915(a). If you deliver the claim in person, the filing date is the delivery date. If you mail the claim, the filing date is the mailing date - not the date the entity receives the claim. If you decide to mail a claim, we recommend that you mail it certified mail with return receipt requested. Some governmental entities have their own claim forms. You may want to contact them to obtain such a form. So long as you include all the required information (see below), however, it is not necessary that you use the entity’s particular form.

5. Contents of the claim

6. Time lines
The California Tort Claims Act sets out strict time lines that you must follow when filing a claim against a governmental entity. You must file a government claim for personal injury (that is, one based on death, physical injury, or damage to personal property) within six months of the date of the injury.

7. Late claims
Sometimes a claimant waits longer than six months to file a government claim. The law treats two types of claims differently: claims that are simply filed late and claims that are filed late, but are accompanied by an "application for late filing." You must write to the public entity within a reasonable time not to exceed one year from the date of the injury to apply for leave to file late. Gov't Code section 911.4(b).) The "reasonableness" of the delay is determined on a case-by-case basis, and in any given case even a short delay may be considered unreasonable. You should therefore apply for leave to file a late claim as soon as possible.

8. What happens to the claim once it is filed.
After you file a claim, the board must respond (allow or reject the claim in whole or in part) within 45 days. If the board does not respond, the claim is treated as rejected on the 45th day. Gov't Code sections 912.6(a), 912.4(c).

9. Suing the governmental entity if the claim is rejected

For help and more information, contact your government claims attorney in Los Angeles at LALaw24.