Most people have heard that you have two years to sue after an injury in California. That is true for many cases. It is not true when the person or agency that hurt you is part of the government.
If a city bus hits your car, a county sheriff’s patrol car runs a red light, your child is hurt at a public school, or you trip on a broken city sidewalk, a much shorter clock usually starts running. In most of these cases, California law requires you to file a written claim with the government agency within six months before you are allowed to file a lawsuit.
Miss that deadline, and you may lose the right to recover anything at all.
The Law Behind the Six-Month Clock
The rules come from the Government Claims Act, which is part of the California Government Code. Government Code section 911.2 says that a claim for death or for injury to a person or to personal property must be presented “not later than six months after the accrual of the cause of action.” In plain terms, the six months usually starts on the day you were hurt.
For other kinds of claims against a public entity, such as many contract disputes, the deadline is one year.
Government Code section 905 explains that this claim requirement covers claims for money or damages against local public entities, with some listed exceptions. Local public entities include cities, counties, school districts, transit agencies, and many other public bodies.
A Claim Is Not a Lawsuit
A government claim is a written form that you send to the agency before you go to court. It tells the agency who you are, what happened, where and when it happened, and what injuries or losses you suffered.
Under Government Code section 945.4, you generally cannot sue a public entity for money damages until you have presented a claim and the agency has acted on it, or is treated as having acted on it.
That means the claim is a required first step. Skipping it, or filing it late, can end a case before it begins.
What Happens After You File
Once the agency receives your claim, it has 45 days to act on it under Government Code section 912.4. The agency can accept the claim, reject it, or do nothing.
If the agency does nothing within 45 days, the law treats the claim as rejected on the last day of that 45-day period.
Rejection is not the end. It opens the door to court. If the agency sends you a written rejection notice that follows Government Code section 913, Government Code section 945.6 generally gives you six months from the date the notice was mailed or personally delivered to file your lawsuit. If no proper written notice is given, the deadline to sue is generally two years from the date of the injury.
So there can be two separate six-month deadlines: one to file the claim, and another to file the lawsuit after a written rejection.
Missed the Six Months? Read This Before You Give Up
The law offers a narrow path for people who file late. Under Government Code section 911.4, you can ask the agency for permission to present a late claim. This written application must explain the reason for the delay, must include the proposed claim, and must be filed within a reasonable time, no later than one year after the injury.
Government Code section 911.6 lists situations where the agency must grant that application. They include:
- Mistake, inadvertence, surprise, or excusable neglect, as long as the delay did not hurt the agency’s ability to defend itself.
- The injured person was a minor during the entire six-month period.
- The injured person was physically or mentally incapacitated during the entire six-month period and, because of that, could not file.
If the agency denies the late-claim application, Government Code section 946.6 allows you to ask the superior court for relief. That petition has its own requirements and deadlines.
None of this is automatic. Courts and agencies look closely at the reason for the delay, so the safest plan is to file within six months.
When the Injured Person Is a Child
Parents are often surprised by this part. Some injury deadlines in California pause while the injured person is under 18. The government claim deadline works differently.
The late-claim rules give extra protection when the injured person was a minor during the claim period, but that protection still runs through the late-claim application process and its one-year outer limit in section 911.4. Parents should not assume they can wait until a child turns 18 to act on a school injury or any other injury caused by a public agency.
If your child was hurt at a public school, on a school bus, or during a school activity, talk with a lawyer as soon as you can.
Common Situations Where the Six-Month Rule Applies
These are examples of situations where the person or agency responsible may be a public entity:
- A crash with a city bus, Metro bus, or other public transit vehicle.
- A collision with a police car, fire truck, or other government vehicle.
- A fall caused by a broken public sidewalk, pothole, or poorly maintained public property.
- An injury to a student at a public school or during a school-sponsored activity.
- An injury at a public park, library, or other government building.
Every case is different. Whether a public entity is responsible, and which agency should receive the claim, depends on the facts.
Steps to Protect Your Rights Right Now
- Write down the date, time, and exact location of the incident.
- Take photos of the scene, the vehicle, or the dangerous condition, and keep any medical records and bills.
- Get the names of witnesses and any report numbers.
- Find out which agency is involved. A road, a bus, and a school can each belong to a different agency.
- Mark the six-month date on your calendar today.
- Speak with a California personal injury lawyer before the deadline, not after it.
Talk With Mines Law Firm
Mines Law Firm helps people injured in Los Angeles and throughout California with personal injury claims, including claims against public agencies. If you or your child was injured and a public agency may be involved, call or text 888-700-0093 or visit themineslawfirm.com to request a consultation. The sooner you call, the more options you are likely to have.
ATTORNEY ADVERTISING. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Responsible attorney: Jasmine Mines, Mines Law Firm, 468 N. Camden Drive, Suite 200, Beverly Hills, CA 90210.
Sources checked (California Legislative Information, October 2 and October 3, 2026): Government Code sections 905, 911.2, 911.4, 911.6, 912.4, 945.4, 945.6, and 946.6.