Most personal injury cases in California involve private people, businesses, insurance companies, property owners, or corporations. But some cases involve public entities, such as cities, counties, school districts, public transit agencies, public hospitals, sheriff’s departments, police departments, or state agencies.  Those cases are different. Before suing a California public entity for money damages, an injured person usually must first present a government claim. This is sometimes called a “government tort claim,” “public entity claim,” or “Government Claims Act claim.”

The deadline is often much shorter than people expect. In many injury and wrongful death cases, the government claim must be presented within six months.

The Mason Firm represents people and families in serious injury, wrongful death, civil rights, dangerous public property, bus and mass transit, jail medical neglect, and public entity cases throughout California.

Past results do not guarantee future outcomes. Every case is different.

What Is a Government Claim?

A government claim is a formal claim submitted to a public entity before a lawsuit is filed. It gives the public entity notice of the claim and an opportunity to investigate, accept, reject, or otherwise respond.

This requirement matters because a person generally cannot skip the claim process and go straight to a lawsuit against a California public entity for covered claims.

A government claim is not the same thing as filing a lawsuit. It is a pre-lawsuit step. If the public entity rejects the claim, the injured person may then be able to file a lawsuit, subject to the applicable deadline.

Why the Government Claim Requirement Matters

The government claim requirement can be a trap for injured people and families. Many people know that California generally has a two-year statute of limitations for personal injury and wrongful death cases. But when a public entity is involved, the injured person may need to act much earlier. For many claims involving personal injury, death, or property damage, the claim must be presented to the public entity within six months of accrual. Missing that deadline can create serious problems and may prevent the case from moving forward.

That is why potential public entity cases should be evaluated quickly.

What Types of Cases May Require a Government Claim?

A government claim may be required when the injury or death involves a public entity, public employee, government property, government vehicle, or government service.

Examples may include:

• dangerous public property;
• unsafe sidewalks;
• dangerous roads or intersections;
• missing or defective signs;
• dangerous bike lanes;
• unsafe crosswalks;
• public bus accidents;
• trolley or public transit accidents;
• school injuries;
• city or county vehicle crashes;
• police misconduct claims involving state-law damages;
• jail medical neglect claims involving state-law damages;
• injuries in public parks;
• injuries at public buildings;
• public hospital negligence;
• injuries involving public employees;
• and wrongful death involving a public entity.

Not every case involving public property automatically creates liability. California public entity cases have specific rules, defenses, immunities, and proof requirements. But if a public entity may be responsible, the claim deadline should be analyzed immediately.

Public Entities That May Be Involved

Potential public entities in California injury cases may include:

• cities;
• counties;
• the State of California;
• school districts;
• community college districts;
• public universities;
• public hospitals;
• police departments;
• sheriff’s departments;
• fire departments;
• transit agencies;
• public transportation districts;
• water districts;
• parks and recreation agencies;
• sanitation districts;
• and other local or state government agencies.

Sometimes the responsible entity is not obvious. A roadway may be controlled by a city, county, Caltrans, or another public entity. A bus system may involve a transit agency, private operator, maintenance contractor, security company, or multiple entities. A public facility may be owned by one entity and operated by another.

Identifying the correct public entity is one of the most important early steps.

Dangerous Public Property Cases

One common category of government claim cases involves dangerous public property. These claims may involve public roads, sidewalks, intersections, crosswalks, parks, trails, buildings, schools, or other public spaces.

Dangerous public property cases may involve:

• broken sidewalks;
• dangerous road design;
• missing stop signs;
• defective traffic signals;
• poor lighting;
• unsafe crosswalks;
• obstructed sightlines;
• dangerous bike lanes;
• potholes;
• unsafe public stairways;
• hazardous public buildings;
• unsafe parks or recreation areas;
• and dangerous conditions on government-owned property.

These cases often require evidence showing the condition was dangerous, the public entity owned or controlled the property, the condition caused the injury, and the public entity had actual or constructive notice or otherwise created the dangerous condition.

Bus and Public Transit Cases

Public transit cases may also require government claim analysis. These cases can involve public buses, trolleys, trains, transit stations, bus stops, public transportation agencies, public employees, private contractors, or security issues.

Potential public transit cases include:

• bus crashes;
• trolley accidents;
• passengers injured during sudden stops;
• pedestrians or bicyclists hit by public transit vehicles;
• unsafe boarding or exiting;
• dangerous bus stops;
• inadequate security;
• passenger violence;
• negligent supervision;
• and wrongful death.

The Mason Firm has handled serious public transit litigation, including an $8.5 million wrongful death jury verdict involving San Diego MTS. Past results do not guarantee future outcomes.

School and Public Facility Injury Cases

Government claims may also arise from injuries at public schools, public colleges, parks, libraries, recreation centers, government buildings, and other public facilities.

These cases may involve:

• unsafe playgrounds;
• negligent supervision;
• school bus incidents;
• dangerous stairs or walkways;
• unsafe sports facilities;
• inadequate security;
• dangerous public buildings;
• and injuries caused by public employees.

School and public facility cases may involve special factual and legal issues, including supervision, notice, public property rules, immunities, and multiple responsible parties.

Jail, Police, and Civil Rights Cases

Civil rights cases may involve federal claims, state-law claims, or both. The government claim requirement may apply to certain state-law claims for money damages against public entities and public employees.

These cases may involve:

• jail medical neglect;
• death in custody;
• failure to protect;
• excessive force;
• wrongful arrest;
• negligent hiring, training, or supervision;
• and other public entity misconduct.

Civil rights cases are procedurally complex. Federal civil rights claims and state-law claims may have different rules. Families should not assume that one deadline covers every claim.

What Information Goes Into a Government Claim?

A government claim generally identifies the claimant, describes what happened, explains the injury or damage, identifies the public entity or employees involved when known, and states the amount claimed or whether the claim exceeds the applicable threshold.

The exact requirements may depend on the entity and the type of claim. Some agencies provide their own claim forms. Others require claims to be submitted in a particular manner.

A government claim should be prepared carefully because it may affect the scope of a later lawsuit. The claim should provide enough information for the public entity to investigate the incident while preserving the claimant’s legal rights.

What Happens After a Government Claim Is Filed?

After a government claim is submitted, the public entity may:

• accept the claim;
• reject the claim;
• partially reject the claim;
• ask for more information;
• return the claim as insufficient;
• fail to respond;
• or take other action depending on the circumstances.

If the claim is rejected, the claimant usually has a limited time to file a lawsuit. If the public entity does not respond, different timing rules may apply.

California Courts explains that if a government agency denies a claim, the claimant generally has six months to file a lawsuit, while if the agency does not respond, the claimant generally has up to two years from the injury date to start the case. Deadlines are technical, so legal review is important.

What If the Claim Deadline Was Missed?

Missing the six-month claim deadline does not always mean the case is impossible, but it creates serious problems.

In some circumstances, a late-claim application may be available. If the public entity denies the late-claim application, the claimant may need to ask the court for relief. These procedures have their own deadlines and requirements.

Anyone who may have missed a government claim deadline should seek legal advice immediately. Waiting longer can make the problem worse.

Common Mistakes in Government Claim Cases

Government claim cases often fail because of procedural mistakes, not because the underlying injury was minor.

Common mistakes include:

• waiting too long to investigate;
• assuming the ordinary two-year deadline applies;
• filing a lawsuit without first presenting a government claim;
• presenting the claim to the wrong entity;
• failing to identify all potentially responsible public entities;
• submitting an incomplete claim;
• missing the lawsuit deadline after claim rejection;
• assuming a phone call or complaint is enough;
• failing to preserve evidence;
• and misunderstanding the difference between federal and state claims.

These cases should be evaluated early because the procedural rules can be unforgiving.

Evidence That Matters in Public Entity Cases

Public entity cases often require prompt evidence preservation. Important evidence may include:

• photographs and video of the dangerous condition;
• surveillance footage;
• incident reports;
• police reports;
• public records;
• maintenance records;
• inspection records;
• repair records;
• prior complaints;
• prior similar incidents;
• traffic collision reports;
• design plans;
• signal timing records;
• dispatch communications;
• bus or trolley video;
• body-worn camera footage;
• jail records;
• medical records;
• witness statements;
• and communications with the public entity.

In dangerous property cases, the condition may be repaired quickly after the injury. In public transit cases, video may be overwritten. In jail and civil rights cases, key records may be controlled by the same agency involved in the incident.

Early action matters.

Why Hire The Mason Firm?

Public entity injury cases are often complex and aggressively defended. Government defendants may argue that the claim was late, the wrong entity was named, the condition was not dangerous, the entity lacked notice, immunity applies, or the injured person was responsible.

The Mason Firm handles serious personal injury, wrongful death, civil rights, dangerous public property, public transit, jail medical neglect, and public entity cases throughout California.

The Mason Firm can help by:

• identifying potential public entity defendants;
• evaluating government claim deadlines;
• preparing and presenting government claims when required;
• preserving evidence;
• investigating dangerous public property;
• obtaining public records;
• analyzing notice, causation, and immunity issues;
• identifying private contractors and non-government defendants;
• reviewing medical records and damages;
• working with qualified experts when needed;
• filing a lawsuit when necessary;
• and preparing the case for trial.

The Mason Firm is led by San Diego trial attorney Brian R. Mason and has handled major public entity cases, including an $8.5 million wrongful death jury verdict involving San Diego MTS and a $1.8 million settlement in a dangerous condition of public property case.

Past results do not guarantee future outcomes. Every case is different.

Contact The Mason Firm

If you or a loved one was seriously injured in a case involving a city, county, school district, public transit agency, public hospital, jail, public roadway, sidewalk, park, or other public entity, contact The Mason Firm for a free case review.

Government claim deadlines can be short. Early review can help preserve evidence, identify the correct public entity, and protect the claim.

Call 619-752-5250 or contact us online to speak with a California personal injury lawyer.