How to File a Government Claim in California (2026): Suing a City, County, or Transit Agency
- Tom Feher, Esq.
Tom Feher’s Perspective
Cases against cities, counties, and transit agencies are the ones we most often see lost before they start. Not because the injury was minor, but because the six month claim deadline passed while the victim was still recovering. In our practice, the single most valuable thing we do on these cases is act fast. If a government entity is involved in your injury, the clock is not two years. It is six months.
You can sue a city, county, school district, or transit authority in California, but you must file a written government claim within six months of the injury before any lawsuit is allowed. This deadline comes from Government Code Section 911.2, and it applies to city bus crashes, pothole and sidewalk falls, and nearly every injury involving a public entity. Miss it, and even a strong case usually dies.
Key Takeaways
- The deadline to file a government injury claim in California is 6 months, not the usual 2 years (Government Code 911.2).
- You must file the written claim with the entity FIRST. You cannot go straight to court against a city, county, or transit agency.
- Pothole, sidewalk, and roadway cases require proving a “dangerous condition of public property” under Government Code 835.
- Public bus operators are common carriers and owe passengers the highest duty of care under California law.
- Government injury settlements in California commonly range from $25,000 to $500,000+, with catastrophic cases reaching seven figures.
Hurt by a city bus, a broken sidewalk, or a government vehicle?
The 6 month deadline is already running. Call (310) 340-1112 – You pay nothing unless we win.
What Is a Government Injury Claim Worth in California? (2026)
Values depend on injury severity, liability strength, and the entity involved. These are typical California ranges our attorneys see across public entity cases:
| Case Type | Typical Settlement Range | Key Value Driver |
|---|---|---|
| Sidewalk / pothole fall (moderate injury) | $25,000 – $150,000 | Notice of the dangerous condition |
| City bus passenger injury | $50,000 – $350,000 | Common carrier duty, onboard video |
| Government vehicle collision | $75,000 – $500,000 | Course and scope of employment |
| Dangerous roadway design (serious injury) | $250,000 – $2,000,000+ | Prior complaints and crash history |
| Catastrophic injury or wrongful death | $1,000,000+ | Life care costs, lost earnings |
Estimate your own case in about a minute with our free bus accident compensation calculator.
How to File a Government Claim in California
Filing a government claim in California takes five steps, and each has traps that can void the claim.
- Identify every public entity involved: The city, the county, the transit district, and Caltrans can all be separate defendants. Each needs its own claim. In the cases we litigate, misidentifying the entity is the most common fatal mistake.
- Get the right claim form: Most entities have their own form (city clerk’s office or website). A letter can qualify if it includes everything Government Code 910 requires, but the official form is safer.
- State the facts, the injuries, and a damage amount: Claims of $10,000 or less need a dollar figure; larger claims state whether the case would be a limited or unlimited civil case.
- File within 6 months of the injury date: Deliver it to the clerk or send it certified mail. Keep stamped proof.
- Wait for the response, then sue on time: The entity has 45 days to accept or reject. After a written rejection you have just 6 months to file the lawsuit. If they never respond, you have 2 years from the injury date.
Government Code 911.2 - Why the Deadline Is 6 Months, Not 2 Years
California Government Code Section 911.2 requires a claim for personal injury or property damage to be presented “not later than six months after the accrual of the cause of action.” This is the California Tort Claims Act working as designed: public entities get early notice so they can investigate and budget.
The normal two year personal injury statute of limitations does not protect you here. The claim requirement is a prerequisite to filing suit at all. Courts dismiss cases, including serious injury cases, where the claim was late or never filed.
Suing a City for a Pothole or Broken Sidewalk Injury in California
Pothole and sidewalk cases are “dangerous condition of public property” claims under Government Code Section 835. To win, you must prove the condition created a substantial risk of injury, and that the entity either created it or had notice of it long enough to fix it.
Evidence wins these cases: photos of the defect with measurements (a sidewalk lift of 1.5 inches or more is generally actionable), prior complaint records obtained through Public Records Act requests, and maintenance logs. We frequently see cities argue “trivial defect” on lifts under an inch, which is why measuring and photographing the defect immediately matters so much.
Not sure which government entity is responsible?
We identify every liable agency and file every claim on time. Call (310) 340-1112 – You pay nothing unless we win.
Injured on a City Bus? Transit Agencies Owe You the Highest Duty of Care
Public transit operators like LA Metro, Long Beach Transit, and OCTA are common carriers under California Civil Code 2100. They owe passengers the “utmost care and diligence,” a higher standard than ordinary drivers. Sudden stops, driver negligence, wheelchair securement failures, and boarding injuries are all actionable.
Onboard video is the key evidence, and agencies routinely overwrite it within 30 to 90 days. A preservation letter must go out immediately. The 6 month claim deadline applies to transit districts the same as cities. One of the firm’s recent results in a catastrophic injury case, a traumatic brain injury verdict, shows what proper case development can do when the injuries are serious.
What Happens If You Miss the 6 Month Deadline?
All is not automatically lost, but the road gets steep. Government Code 911.4 lets you apply to the entity for “leave to present a late claim” within one year of the injury, based on excusable neglect, minority (the injured person is a child), incapacity, or death. If the entity denies the application, a court petition under Government Code 946.6 is the last resort.
Courts grant relief most often for injured minors and for people who were physically or mentally incapacitated during the claim period. “I did not know about the deadline” alone usually fails. This is exactly why calling a lawyer in month one beats calling in month seven.
What to Expect When You Work With Feher Law
- Free consultation: We evaluate your case the same day you call, identify every public entity involved, and calendar the 6 month deadline immediately.
- Immediate evidence preservation: We send video preservation letters to transit agencies, file Public Records Act requests for complaint histories, and photograph the scene before repairs erase it.
- Claim filing and negotiation: We prepare and file compliant claims with every liable entity, then negotiate with the entity’s risk management or claims administrator.
- Lawsuit if needed: If the claim is rejected, we file suit within the 6 month window and litigate against the government’s defense counsel.
- No fee unless we win: You pay nothing up front. Our fee comes only from the recovery.
Why California Injury Clients Choose Feher Law
Thomas Feher and the Feher Law team have recovered more than $100 million for California injury and employment clients, including a $14.6 million bicycle accident result and a $20.7 million construction site verdict in July 2026. Government entity cases demand fast action and statute level precision, and that is how our office runs every file from day one. We represent clients across Torrance, Long Beach, Huntington Beach, Los Angeles, and all of California, and you pay nothing unless we win.
Frequently Asked Questions
You must file a written government claim within 6 months of the injury under Government Code 911.2. After the entity rejects the claim, you have 6 months to file the lawsuit. The normal 2 year statute does not apply until the claim step is complete.
Yes. Transit agencies are common carriers that owe passengers the utmost duty of care. You must file a government claim with the transit district within 6 months, and onboard video should be preserved immediately because agencies overwrite it quickly.
File a government claim with the city within 6 months, then prove a dangerous condition of public property under Government Code 835: the defect posed a substantial risk and the city created it or had notice. Photos with measurements and prior complaint records are the core evidence.
Typical California public entity injury settlements range from $25,000 for moderate fall injuries to $500,000+ for serious collisions, and seven figures for catastrophic injuries or dangerous roadway design cases with prior crash history.
Under Government Code 835, it is a condition of government owned property that creates a substantial risk of injury when the property is used with due care, such as a lifted sidewalk slab, an unrepaired pothole, missing guardrails, or broken traffic signals.
Sometimes. Government Code 911.4 allows an application for leave to present a late claim within 1 year, based on excusable neglect, minority, incapacity, or death. Courts are most forgiving for injured children and incapacitated adults.
Yes. School districts, community college districts, and county offices of education are public entities. Injuries on campus, on school buses, or at school events all require the 6 month government claim first.
Yes. If the driver was on the job for a city, county, state agency, or transit district, the entity is liable under respondeat superior and the 6 month claim requirement applies to your case against it.
The 6 month clock is running on your government claim.
Get a free case review today and let us handle every deadline. Call (310) 340-1112 – You pay nothing unless we win.
Last reviewed by Thomas Feher, Esq. – August 2026
