How to Sue the Government in California
If you believe a government entity or employee in California has wronged you—whether through personal injury, property damage, or civil rights violations—you can’t just file a lawsuit the same way you would against a private party. California law has special procedures for holding public entities accountable, and failing to follow them can cause your case to be thrown out before it ever reaches a courtroom.
This is where the California Government Claims Act comes in.
What Is the California Government Claims Act?
The California Government Claims Act, also referred to as the California Government Tort Claims Act, is a legal framework that outlines how and when you can sue a public entity or public employee in California. Found primarily in Government Code §§ 810–996.6, this Act requires anyone seeking damages from a California public entity to file a government claim before filing a lawsuit.
This law ensures that state and local agencies get a fair opportunity to investigate and potentially settle claims outside of court—but it also places strict limits on your time to act.
Why Does the Government Claims Act Matter?
The Act matters because you cannot sue the government in California without first filing a government claim. This pre-lawsuit step is not optional. If you skip it or miss the deadline, your case may be barred forever—even if you had a valid claim.
The 6-Month Deadline: Government Code § 911.2
Most claims—especially those involving personal injury, property damage, or wrongful death must be filed within six months of the date your injury occurred or your claim “accrued.” This is codified in Government Code § 911.2.
Miss this window, and your claim is almost certainly dead.
What Happens After You File a Government Claim?
Once a claim is filed, the government entity has 45 days to respond. Here’s what could happen:
- If they reject your claim: You have 6 months from the date of rejection to file a lawsuit in court (see Government Code § 945.6).
- If they don’t respond: Your claim is deemed rejected by operation of law after 45 days. The 6-month deadline to file suit still applies.
What Types of Cases Fall Under the Government Tort Claims Act?
You must file a government claim before suing a public entity in nearly all cases involving:
- Car accidents caused by government vehicles
- Injuries on public property (e.g., dangerous sidewalks or public buildings)
- Police misconduct and excessive force
- Negligent hiring or supervision of public employees
- Public school abuse or negligence
- Medical malpractice at a public hospital
- Wrongful death caused by a government employee
How to File a Government Claim in California
Here are the basic steps to preserve your right to sue:
- Identify the correct public entity responsible for your injury.
- Fill out the claim form (most government agencies have their own).
- File the claim within six months of your injury or loss.
- Send the claim to the correct address—some require certified mail.
- Track the response or lack thereof.
💡 Tip: Consult a lawyer familiar with California government tort claims to ensure proper and timely filing. One small mistake can ruin your case.
Exceptions to the Government Claims Act
There are limited exceptions that may extend the deadline, such as:
- Minor children (the statute may toll until they turn 18)
- Mental incapacity
- Lack of notice that the defendant was a public entity
Still, these exceptions are difficult to prove and should not be relied on without legal advice.
Final Word: Don’t Wait to Protect Your Rights
The California Government Claims Act is strict and unforgiving. If you believe a government entity or employee is responsible for your injuries, it’s crucial to act fast and file your claim within the required deadline—usually 6 months.
Failing to file your claim correctly and on time can completely bar your lawsuit, no matter how strong your case is.
Need Help? Contact an Experienced Government Claims Attorney in California
Suing the government isn’t easy—but it’s possible when you have the right legal team. If you’re unsure whether you have a claim, or you need help navigating the process, consult a knowledgeable California attorney as soon as possible.
Conclusion
If you are involved in an auto accident in California and are concerned about comparative fault affecting your compensation, it’s essential to consult with a knowledgeable auto accident attorney. With the right legal representation, you can ensure that your case is handled properly, and your compensation is fair. Remember, California’s pure comparative negligence rule may reduce your damages, but it doesn’t eliminate your right to recover compensation. Contact Sam Setyan today for a free consultation, and take the first step toward getting the compensation you deserve.
Contact an Experienced Attorney Today
If you’ve been involved in any type of car accident, it’s essential to seek legal assistance to ensure that your rights are protected and that you receive the compensation you deserve. Attorney Sam has years of experience handling car accident cases and can help guide you through the legal process.
California auto accident cases can be complex and lengthy. You need someone on your side to protect your rights and get the money you deserve.
Call Setyan Law at (213)-618-3655 for a consultation.
