California Tort Claims Act: How to Sue the Government for Personal Injury

Sustaining an injury on public property—such as a city sidewalk, state park, public school, or government building—presents unique legal challenges.

Unlike standard personal injury cases involving private individuals or businesses, claims against public entities in California are subject to strict procedural rules under sovereign immunity statutes.

Before filing a personal injury lawsuit against a state, county, or local government agency, claimants must strictly follow the statutory administrative process established by the California Tort Claims Act (CTCA).

What Is the California Tort Claims Act (CTCA)?

The administrative flow for a California Tort Claims Act (CTCA) claim follows a specific sequence of legal steps and deadlines:

Incident or Injury Occurs on Public Property: An accident or harm takes place on property owned, maintained, or operated by a state, county, or local government entity.
Submit Administrative Tort Claim: You must file a formal written administrative claim with the proper public agency within 6 months of the date of injury, pursuant to California Government Code Section 911.2.
Agency Review Period: The public entity has 45 days from the filing date to accept, reject, or compromise the claim (Cal. Gov. Code § 912.4).
Outcome and Next Steps:
- If the claim is accepted: The agency agrees to pay all or part of the damages through a settlement.
- If a written rejection is issued: You have 6 months from the mailing date of the rejection notice to file a formal civil lawsuit in court (Cal. Gov. Code § 945.6).
- If the agency takes no action within 45 days, the claim is deemed rejected by operation of law on the 45th day, extending your deadline to file a civil lawsuit to 2 years from the original date of injury.

Key features of CTCA claims include:

Mandatory Prerequisite: With very few exceptions, you cannot file a civil lawsuit for money damages against a public entity unless you first file a timely written administrative claim.
Strict Statutory Deadlines: The CTCA imposes significantly shorter notice deadlines than standard California personal injury cases.
Broad Scope: Applies to state agencies, county boards, city councils, public school districts, public transit authorities (e.g., city bus systems), and public hospital systems.

Common Scenarios Involving Government Liability

Government entities and municipal agencies can be held liable when negligence, unsafe conditions, or employee misconduct leads to harm. Typical scenarios covered by the CTCA include:

Dangerous Condition of Public Property: Slip-and-fall or trip-and-fall accidents caused by cracked city sidewalks, unmaintained public park facilities, poor street lighting, or hazardous government buildings.
Public Transit & Vehicle Collisions: Accidents involving city buses, emergency vehicles (police or fire), state maintenance trucks, or school buses.
School Grounds & Public Recreation: Fatalities or injuries occurring at public schools, university campuses, community pools, or municipal sports facilities.
Government Employee Negligence: Misconduct, reckless driving, or failure of care by state or local employees acting within the scope of their employment.

Where and How to File an Administrative Claim

The proper filing venue and method depend on whether the claim is against a local municipality or the state government.

Entity Type	Filing Destination	Statutory Authority
City, County, or Local Agency	Delivered directly to the clerk, secretary, or governing board of the specific local agency.	Cal. Gov. Code § 915(a)
State of California / State Agency	Submitted to the Department of General Services, Office of Risk and Insurance Management (ORIM).	Cal. Gov. Code § 915(b)

Personal Delivery vs. Certified Mail

In-Person Delivery: The legal filing date is the exact calendar date the claim is delivered by hand to the designated official office.
Mailing: The legal filing date is the date of mailing (postmark date), not the date the agency receives it. Using Certified Mail with Return Receipt Requested provides proof of mailing.

Required Contents of a Government Tort Claim

Under California Government Code Section 910, a formal claim should generally be submitted on the specific public entity's official claim form. The claim must contain:

Claimant Details: Full legal name and post office address for receiving official notices.
Incident Details: Date, exact location, and factual circumstances surrounding the injury, damage, or loss.
Description of Harm: General description of the physical injuries, property damage, or financial losses incurred.
Employee Identity: Name(s) of any government employee(s) who caused the injury, if known.
Damages Amount:
- If total damages are under $10,000: State the specific dollar amount claimed.
- If total damages exceed $10,000: Do not state a specific dollar amount, but indicate whether the lawsuit would be a "limited civil case" (claims under $25,000) or an unlimited civil case.

Critical Deadlines and Time Limits

Strict statutory time limitations govern the administrative claims process and subsequent civil litigation under the California Tort Claims Act:

Administrative Tort Claim (Personal Injury or Property Damage): You must file a formal written claim with the responsible government agency within 6 months from the date of the injury (California Government Code Section 911.2).
Agency Response Period: The public entity has 45 days from the date of submission to approve, compromise, or reject the claim (California Government Code Section 912.4).
Civil Lawsuit (After Written Rejection): If the public entity issues a formal written notice of rejection, you must file a civil lawsuit in court within 6 months from the date the rejection notice was postmarked or mailed (California Government Code Section 945.6).
Civil Lawsuit (If Agency Fails to Respond): If the public entity fails to issue a written response within the 45-day review period, the claim is deemed rejected by operation of law, giving you up to 2 years from the original date of injury to file a civil lawsuit (California Government Code Section 945.6(a)(2)).

Filing an Application for Late Claim

If a claim is not filed within six months, the claimant may submit an Application for Leave to Present a Late Claim under California Government Code Section 911.4.

Time Window: The application must be filed within a reasonable time, not to exceed one year from the date of the injury.
Statutory Grounds for Relief (Gov. Code § 911.6):
1. Mistake, inadvertence, surprise, or excusable neglect (and the public entity was not prejudiced by the delay).
2. The claimant was a minor during the entire six-month period.
3. Physical or mental incapacity during the filing window.
4. Death of the claimant during the filing window.

What Happens After You File a Government Claim?

Once submitted, the governing board or risk management agency has 45 days to act on the claim. The agency may take one of three actions:

Accept the Claim: The public entity agrees to pay all or part of the requested damages in a settlement.
Reject the Claim: The public entity issues a formal written notice of rejection. The claimant then has six (6) months from the mailing date of the rejection to file a formal civil lawsuit in court.
Take No Action: If 45 days pass without written response, the claim is deemed rejected by operation of law on the 45th day. When an agency fails to give written notice, the deadline to file a civil court action extends to two (2) years from the date of the original injury.

Frequently Asked Questions

What happens if I miss the 6-month deadline to file a California tort claim?

If you miss the six-month deadline, you must file an Application for Leave to Present a Late Claim within one year of the incident date. You must demonstrate valid statutory grounds such as excusable neglect, physical/mental incapacity, or that the claimant was a minor during the six-month period.

Can you sue a California public entity directly without filing a tort claim first?

No. Filing a timely written administrative claim under the California Tort Claims Act is a mandatory statutory prerequisite. Courts will dismiss civil lawsuits brought against California public entities if the claimant failed to satisfy this requirement.

How do I know if the property where I was injured is government-owned?

Determining public entity ownership often requires an official title search, property record review, or municipal boundary assessment. Unmaintained sidewalks, public park structures, or government buildings may involve overlapping city, county, or state jurisdictions.

How long does a government agency have to respond to a tort claim in California?

A public entity has 45 days from the date of delivery or mailing to accept, compromise, or reject an administrative claim. If the entity does not issue a written response within 45 days, the claim is deemed rejected by operation of law on the 45th day.

Does the California Tort Claims Act apply to injuries caused by public school districts?

Yes. California public school districts and state university systems are public entities governed by the California Tort Claims Act. Claims involving injuries on school grounds or during school-sponsored activities must follow the standard six-month administrative notice rule.

Injury Justice Law Firm can help you. To schedule a consultation, call (818) 394-7835 or fill out the contact form. We are based in Los Angeles.

Government Tort Claims