Suing a government entity for personal injuries in California is far more complex than filing a claim against a private party. While public agencies are generally protected by sovereign immunity, the California Tort Claims Act (CTCA) allows individuals to seek compensation in specific circumstances where government negligence causes harm.
Whether it is a dangerous road condition, a public transportation accident, police misconduct, or an injury on government-owned property, certain legal exceptions make it possible to hold public entities accountable. However, strict deadlines and procedural rules apply, making it essential to contact the personal injury lawyers at Callahan & Blaine as soon as you can.
When Is a Government Entity Liable in a Personal Injury Case in California?
Just as individuals can file claims against private parties for damages caused by negligence or wrongful acts, they can also seek compensation when public entities are responsible for their injuries. While both types of claims aim to hold negligent parties accountable and recover damages, the legal procedures and requirements for suing a government entity are significantly different from those for private claims.
At the core of public entity liability is the legal principle of sovereign immunity, a long-standing doctrine that once shielded governments from being sued by citizens. Over time, laws such as the California Tort Claims Act (CTCA), passed in 1963, and the Federal Tort Claims Act (FTCA), enacted in 1946, have modified sovereign immunity, allowing individuals to take legal action against government entities under certain circumstances.
The California Tort Claims Act (Government Claims Act)
The California Tort Claims Act (CTCA), or the Government Claims Act, outlines the legal framework for pursuing claims against state agencies, local governments, municipalities, and other political subdivisions. Under this law, the default rule is that public entities are not liable for injuries unless a specific statute allows for an exception.
According to California Government Code § 810-996.6:
“Except as otherwise provided by statute, a public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity, a public employee, or any other person.”
While this means that public entities generally enjoy immunity from lawsuits, statutory exceptions allow private citizens to seek compensation for injuries resulting from government negligence. However, pursuing a claim against a government entity requires strict adherence to specific procedural rules and deadlines.
Key Requirements for Filing a Government Liability Claim
If you intend to file a claim against a public entity in California, you must comply with the following legal requirements:
1. Submitting a Notice of Claim
Before you can sue, you must first submit a Notice of Claim—a formal notification that you are seeking damages. Many government agencies provide claim forms online that must be submitted electronically or by mail. Failure to follow proper procedures—such as using the wrong form, submitting an incomplete claim, or filing with the wrong agency—can result in claim denial or delays.
2. Providing Required Claim Information
Under California Government Code § 910-913.2, a valid claim must include:
- Claimant’s name and contact information
- The address where official responses should be sent
- Date, location, and description of the incident
- General details of damages suffered at the time of filing
- Name of the responsible government agency, entity, or employee (if known)
- Claimed damages amount, if under $10,000
- Notice of a limited civil case, if damages sought are under $25,000
This damage threshold is usually exceeded for serious injury claims, as medical expenses, lost wages, and other losses often surpass $25,000.
3. Meeting Strict Filing Deadlines
One of the most important requirements for government claims is adhering to strict time limits. In California, a claim against a public entity must be filed within six months from the date of injury or death (California Government Code § 911.2).
In some cases, if the injury is not immediately noticed, the deadline may be six months from the date the injury is discovered. If a claim is filed late, an exception may be granted in limited circumstances, such as:
- The claimant was a minor at the time of the injury.
- The claimant was mentally or physically incapacitated during the six-month period.
- The claimant’s death prevented timely filing.
- There was justifiable neglect for the delay, subject to court approval.
Filing a government liability claim involves a complex legal process, requiring strict adherence to deadlines and procedural rules. Any small error can result in your claim being denied. That is why having an experienced California personal injury attorney on your side can make all the difference.
Types of Government Liability Claims We Handle
Victims may have the right to file a personal injury claim against the government if they suffer harm due to negligence or wrongful actions by a public agency or employee. Under the California Tort Claims Act (CTCA), injured individuals can pursue compensation in specific cases, provided they follow strict procedural requirements. Some of the most common personal injury claims against public entities include the following:
- Car and Truck Accidents
- Hazardous Road Conditions
- Failure to Perform Mandatory Duties
- Improper Traffic Control
- Public Transportation Accidents
- Premises Liability
- Medical Malpractice
- School-Related Claims
- Law Enforcement Misconduct
- Intentional Torts
While many personal injury claims can be brought against public entities, there are exceptions. The CTCA grants the government certain immunities, preventing lawsuits for failing to pass or enforce laws, failing to inspect private property, or discretionary decisions made by public officials. Additionally, breach of contract and nuisance claims are generally not allowed under the CTCA.
Who Can Be Held Liable Under the California Tort Claims Act?
Determining who can be sued in a government liability case depends on the circumstances of the injury. In general, a public entity can be held responsible if:
- It creates or allows a dangerous condition on public property.
- It fails to perform legally required duties, such as maintaining roads or public spaces.
- An employee of the public entity acts negligently, causing injury.
The defendant in a lawsuit is typically the agency responsible for the hazardous condition, the failure to act, or the employee’s negligence. The following are examples of public entities that may be named in a lawsuit:
- State of California
- City Government
- County Agencies
- Public Transportation Systems
- Local or State Government-Owned Facilities
- Public Schools & School Districts
Successfully pursuing a claim against a government entity requires navigating complex legal rules and strict deadlines.
Why Choose Callahan & Blaine for Government Liability Claims?
Holding a government entity accountable for negligence requires legal knowledge, strategic action, and strict compliance with procedural rules. At Callahan & Blaine, we have the experience and resources to take on public entities and fight for the compensation you deserve. Whether you are dealing with hazardous road conditions, public transportation accidents, or law enforcement misconduct, we understand the complexities of government liability claims and know how to navigate the California Tort Claims Act. Our team ensures your claim is filed correctly, on time, and backed by strong evidence to maximize your recovery.
For over 40 years, we have built a reputation for taking on challenging cases and securing significant settlements and verdicts for our clients. Our attorneys are trial-ready and prepared to challenge government agencies that attempt to deny responsibility. With our dedication and proven track record, we are committed to protecting your rights and ensuring you receive the justice you deserve. Contact us today at (714) 241-4444 or visit our contact form to discuss your case with an experienced attorney.
