California government injury claims: act early

Identify the public entity.

Government vehicles or public property may warrant an early review. Record the location, vehicle markings, and agency names. These clues do not establish liability. This guide covers California state and local claims, not federal or Florida procedures.

Check the first deadline.

Section 911.2 generally sets a six-month injury-claim period from accrual. Have counsel determine that starting date. Under section 945.4, when required, the claim generally must be presented and acted on or deemed rejected before a damages lawsuit begins.

Use the proper recipient.

Section 915 governs presentation. Confirm the entity and official submission instructions; electronic delivery requires statutory authorization. A call, incident report, or employee email may not suffice. Keep delivery evidence.

Save any rejection notice.

Under section 945.6, a written rejection complying with section 913 generally starts a six-month lawsuit period from personal delivery or mailing. Without the required notice, the period is generally two years from accrual, subject to exceptions. This does not erase the earlier claim requirement. Have counsel review the notice and envelope promptly.

Common questions