By Rightful Advice 
Most people who are injured in California believe they have two years to file a personal injury lawsuit. That is true in ordinary cases. But when a public entity may share fault, a completely different, much shorter deadline applies, and missing it usually ends that part of the case entirely.
This article explains California’s Government Claims Act, the six-month deadline that most injury victims do not know about, and the categories of cases where it applies.
The Standard California Deadline: Two Years
Under California Code of Civil Procedure §335.1, the general statute of limitations for personal injury is two years from the date of the injury. This covers ordinary claims: a rear-end collision on a surface street, a slip and fall at a private grocery store, a dog bite at a neighbor’s house, a fall at a private apartment building.
For most claims against private parties, two years is the deadline. The claim is filed as a civil lawsuit in Superior Court, and the ordinary rules of pleading and service apply.
The Government Claims Act: A Different Track Entirely
The rules change when the potentially responsible party is a public entity. In California, “public entity” includes the State of California, counties, cities, school districts, transit agencies, and their employees acting within the scope of employment. Caltrans, the City of Los Angeles, the County of Los Angeles, LA Metro, LAUSD, and every California police and sheriff’s department are public entities.
Under California Government Code §911.2, a written claim must be filed with the public entity within six months of the date of the injury. Not two years. Six months. And it is not a lawsuit, it is a formal administrative claim delivered to the specific public entity involved.
The public entity then has 45 days to respond under Government Code §912.4. If it denies the claim (which is the usual outcome), a separate shortened window under Government Code §945.6 governs how long the claimant has to actually file a lawsuit, generally six months from the denial.
If the six-month claim deadline is missed, the claim against the public entity is generally barred permanently, even though the ordinary two-year statute of limitations for the same injury is still running against private parties.
When the Six-Month Deadline Applies
The Government Claims Act reaches far more injury cases than most people realize. Some examples where the six-month deadline should be considered:
- A crash on a Caltrans-controlled section of an interstate or state highway (portions of the 405, 710, 5, 101, and Pacific Coast Highway).
- A collision involving a city-owned, county-owned, or state-owned vehicle, including police cars, sanitation trucks, transit buses, and public works vehicles.
- A dangerous condition of public property under Government Code §835, a defective signal, missing signage, deteriorated roadway, dangerous sidewalk, or unsafe park equipment.
- A slip and fall in a public building, courthouse, or municipal facility.
- A dog bite from a K-9 police dog or another government-owned animal.
- An injury during a public school or after-school program supervised by district employees.
- A pedestrian or bicycle crash in a Caltrans-controlled work zone.
In many of these cases, a private party is also involved: another driver, a maintenance contractor, a school volunteer. The two-year deadline continues to run against those private parties. But the six-month deadline runs at the same time against the public entity, and it runs from the date of the injury, not from the date the victim realized the government was involved.
Where the Claim Actually Gets Filed
Filing with the wrong agency can burn the six-month clock without the injury victim realizing it. The correct filing office depends on which public entity owned or controlled what caused the injury:
- The City of Los Angeles: written claim to the Office of the Los Angeles City Clerk, which forwards it to the City Attorney’s Office.
- The County of Los Angeles: written claim to the Executive Officer-Clerk of the Board of Supervisors.
- Caltrans and other state agencies: filed through the California Department of General Services / Government Claims Program.
- School districts: filed with the district’s designated claims administrator.
- Transit agencies: filed with the agency’s designated claims office.
Each has its own form requirements, service methods, and processing rules. A claim that arrives at the wrong office or is served incorrectly can be treated as untimely.
Late Claims and Minor Tolling
California recognizes limited exceptions to the six-month rule. Under Government Code §911.4, a late-claim application can be filed within one year of the injury if certain conditions are met (excusable delay, mistake, inadvertence, or the claimant being a minor at the time of injury). Under §911.6, the public entity has discretion to accept or reject the late-claim application.
For minors, the six-month claim requirement still applies, but the late-claim procedure is more generous. Even so, evidence preservation, medical documentation, and identification of the responsible public entity are time-sensitive regardless of tolling.
Practical Takeaway: Do Not Wait to Find Out
If any of the following are true, treat the case as a Government Claims Act case until proven otherwise:
- The injury involved a government vehicle or a government employee on duty.
- The injury happened on a road, sidewalk, park, or building that a public entity may own or control.
- There is any question about who owned the property or vehicle involved.
The six-month clock does not care whether you knew a public entity was involved. It runs from the day of the injury. Missing it usually ends the public-entity part of the case entirely, even with the two-year statute of limitations still open against private parties.
Ravan Law handles California Government Claims Act cases as part of ordinary practice. If you were injured in California and there is any chance a public entity may be involved, a free case review with attorney Ted H. Ravan takes 15 minutes and could save the case. There is no fee unless we recover compensation. Get your free California personal injury case review today.
Attorney Advertising. Ted Ravan, Ravan Law, Los Angeles, CA. This content is general information, not legal advice and does not create an attorney-client relationship. Every case depends on its specific facts.