What is the deadline to file a tort claim against a government agency?

What the Law Says

California law requires anyone seeking compensation for personal injury, property damage, or death caused by a government employee or agency to first file an administrative claim before suing. This is governed by the California Government Claims Act.

The Government Claims Act applies to all state agencies, counties, cities, school districts, and other local public entities in California.

You must file your claim with the specific government agency whose employee or property caused your harm. For example, if injured on city property, file with the city clerk; if harmed by a state employee, file with the California State Controller’s Office.

The claim must be filed within six months of the date of the incident — not when you discovered the injury or when damages became apparent. Missing this deadline usually bars your lawsuit entirely, unless a rare exception applies.

If the agency denies your claim (or fails to act within 45 days), you then have six months from the date of denial (or 45-day deadline expiration) to file a lawsuit in court.

Statutory Text

Any claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in this chapter not later than six months after the accrual of the cause of action.

— Government Code, § 911.2 — Time for presentation of claim

Statutory Text

The board or authorized representative shall, within 45 days after the claim is presented, determine whether or not to accept or reject the claim…

— Government Code, § 911.6 — Action on claim

What to Do

Sources