Los Angeles Government Claims Lawyer

Government Claims Lawyer Los Angeles

Injury Claims Against the City, LA County, LA Metro, Caltrans, and School Districts

If you were seriously hurt on a broken public sidewalk, by a city vehicle, on a Metro bus, or on a dangerous state road, you are probably thinking about surgery, bills, and missed work. As your Los Angeles government claims lawyer, we start with one date: six months from when the claim accrued, which is usually the day of the injury (the date of death in a wrongful death case). That is the deadline under California Government Code 911.2 to present a written claim to the public entity responsible. No lawsuit against a city, a county, a transit agency, a school district, or the State can go forward until that claim has been presented and acted on.

Most injured people have never heard of this rule. You hear “two years,” the deadline for ordinary personal injury cases against private parties under Code of Civil Procedure 335.1. When a public entity is responsible, the six-month claim comes first, and missing it can end an otherwise strong case.

At Ravan Law, claims against public entities are at the center of what we do. These claims have strict rules and a six-month deadline, and we take them on. You work with us directly, and we keep you updated at every stage. Call (424) 465-2500 for a free consultation. No fee unless we win.

Government Claims Attorney for Injuries Caused by a Public Entity

The Government Claims Act is the California law (Government Code 810 and following) that controls when and how you can recover compensation from a public entity: a city, a county, a transit authority, a school district, or the State and its agencies. Here is what it means for your case.

Liability comes from statute. Under Government Code 815, a public entity is liable only where a statute says so. The two that matter most are Government Code 835 (a dangerous condition of public property) and Government Code 815.2 with Vehicle Code 17001 (the negligence of a public employee on the job, including while driving a public vehicle).

A claim must come before a lawsuit. Government Code 945.4 bars a lawsuit for money damages against a public entity until a written claim has been presented and rejected, or deemed rejected.

The deadlines are short and stacked. One deadline to present the claim, a period for the entity to respond, and a separate deadline to sue after the response. We track all three for you.

The Six-Month Deadline Under Government Code 911.2

Government Code 911.2 sets two claim deadlines:

Six months for a claim based on death, injury to a person, or injury to personal property such as a car. This covers nearly every injury and wrongful death case.
One year for a claim based on any other cause of action, such as damage to real property.

We count from day one. The six months generally run from the date of the fall or crash, not the date treatment ends or the date you hire an attorney. In a wrongful death case, the clock generally runs from the date of death. The two-year statute under Code of Civil Procedure 335.1 is a separate deadline. It does not extend the six-month claim, and filing within two years does not save a claim that was never presented.

After the Claim: 45 Days, Then the Deadline to Sue

Under Government Code 912.4, the public entity has 45 days to act on the claim, unless both sides extend that period in writing. If it does nothing, the claim is deemed rejected. The deadline to sue then depends on the notice:

After a written notice of rejection is mailed or delivered, a lawsuit must be filed within six months of that notice (Government Code 945.6(a)(1)).
If no written notice is given, including a rejection by silence, the lawsuit must be filed within two years from when the claim accrued, usually the date of injury (the date of death in a wrongful death case) (Government Code 945.6(a)(2)).

Whether a notice was properly sent can itself become a dispute, so we work to the six-month deadline in every case.

Late Claims Under Government Code 911.4 and 911.6

If six months have passed, Government Code 911.4 allows an application for leave to present a late claim, made within a reasonable time and no later than one year after the injury, with the proposed claim attached. Under Government Code 911.6, the entity must grant it in limited situations, most often mistake, inadvertence, surprise, or excusable neglect without prejudice to the entity. Not knowing about the deadline is generally not enough. If it is denied, Government Code 946.6 allows a petition to the Superior Court, filed within six months after the denial.

When the Injured Person Is a Child

A child’s age does not pause the six-month government claim deadline. Code of Civil Procedure 352 generally tolls the two-year private-party deadline until age 18, but that tolling does not reach the claim requirement of Government Code 911.2.

Children do have a stronger path to late-claim relief: Government Code 911.6 requires the entity to grant a late-claim application where the injured person was a minor for the entire six-month period. That application still has to be filed within one year of the injury. If you wait for your child to recover before calling an attorney, the claim can still be lost.

Government Claim Deadlines at a Glance

Step	Deadline	Authority
Claim for personal injury, wrongful death, or personal property damage	6 months from the injury (or death)	Gov. Code 911.2
Claim for other losses, such as real property damage	1 year	Gov. Code 911.2
Entity acts on the claim	45 days, unless extended in writing; silence is a deemed rejection	Gov. Code 912.4
Lawsuit after a written rejection notice	6 months from the notice	Gov. Code 945.6(a)(1)
Lawsuit if no written notice is given	2 years from the injury	Gov. Code 945.6(a)(2)
Late-claim application	No later than 1 year from the injury	Gov. Code 911.4
Court petition after a late claim is denied	6 months from the denial	Gov. Code 946.6
Case against a private party	2 years from the injury	Code Civ. Proc. 335.1
Injured minor	Private-party deadline generally tolled to 18; the six-month government claim is not paused	Code Civ. Proc. 352; Gov. Code 911.2

What a Government Claim Must Contain Under Government Code 910

Government Code 910 requires the claim to state the claimant’s name and address, the address for notices, the date, place, and circumstances of the incident, a general description of the injury, the names of the public employees involved if known, and the amount claimed.

The amount is where self-filed claims often go wrong. Under $10,000, the claim states the figure. Over $10,000, it must not state a figure; it states whether the case would be a limited civil case ($35,000 or less) or an unlimited civil case.

The description matters as much as the form. When we write your claim, we name the defect, its location, how it caused the fall, and why the entity is responsible, because that description defines the case the entity has to answer. Under Government Code 910.8, the entity can send a notice that the claim is insufficient, and the six months keep running while it is corrected.

City of Los Angeles Claim for Damages Form: Where and How to File

LA City claims for money damages go to the Office of the City Clerk, Claims, 200 N. Spring Street, Room 395, City Hall. A claim for damages against the City of Los Angeles can be filed three ways: online at claims.lacity.org, in person at Room 395, or by mail to the same address. The City’s form states that faxed and emailed claims are not accepted. A claim sent to the City Attorney, a Council office, or LAPD is not a filed claim.

A claim against the City preserves nothing against LA County, LA Metro, LAUSD, Caltrans, or a neighboring city; each has its own form and its own six-month clock. Our guide to filing a claim against the City walks you through every section of the City form.

How to Sue the City of Los Angeles, Step by Step

Confirm the entity. The sidewalk, street, vehicle, or building must belong to the City, not the County, Metro, Caltrans, or a private owner.
Present the claim within six months, with the content Government Code 910 requires.
Wait for the response. Most claims are rejected; that is procedural, not a ruling on the merits.
File suit in Superior Court within six months of a written rejection, or two years from the injury if no written notice was given.
Prove the case: the dangerous condition or employee negligence, notice, causation, and the full cost of the injury.

Much of the work a Los Angeles government claims lawyer does on a claim against the City happens in steps one and two, because the claim sets the boundaries of the lawsuit that follows. That is where we put our attention first.

Claims Against LA Metro, LA County, and School Districts

LA Metro. The Los Angeles County Metropolitan Transportation Authority (LACMTA, or LA Metro) runs Metro buses and rail. Claims go to LACMTA, Legal Services, One Gateway Plaza, MS: PL4, Los Angeles, CA 90012, by mail or in person (in-person filing is Tuesday to Thursday, 8:30 a.m. to 4 p.m.); Metro does not accept emailed claims. As a common carrier, Metro owes passengers the utmost care and diligence under Civil Code 2100. Bus video is not kept forever, so we make sure your claim names the route, direction, stop, and time. See how to file a claim against LA Metro after an injury.

LA County. The County is a separate entity with its own claim procedure and its own claim form. County claims arise from county roads in unincorporated areas, county vehicles, and county facilities, and the Los Angeles County claim form is filed with the County itself, not the City.

LAUSD and other school districts. A school district is its own public entity. If your child was hurt on campus or in a district bus crash, a claim must reach the district within six months, and the minor rule above applies: age does not pause the claim.

Caltrans Claims and Claims Against the State of California

Caltrans is a state agency, so a Caltrans claim is a claim against the State of California. Personal injury Caltrans claims over $12,500 are presented to the Department of General Services (DGS) Government Claims Program, not to Caltrans or CHP. Caltrans itself takes only claims of $12,500 or less, at its district claims office. DGS accepts claims online, by mail, and by drop-off in West Sacramento, with a $25 filing fee per claimant, or a fee waiver request (form ORIM 005). The six-month deadline, the 45-day response period, and the post-rejection lawsuit deadlines are the same as for a city.

The harder question is often whether the road belongs to the State. Interstates such as the 5, the 10, the 405, and the 710, US-101, and state routes such as most of Pacific Coast Highway are state highways. The off-ramp from the 405 is Caltrans property; the surface street at the bottom usually belongs to the city. Typical Caltrans claims involve potholes, damaged guardrails, standing water, missing signs, and unsafe work zones. Design immunity under Government Code 830.6 is not automatic and can be lost when changed conditions make an approved design dangerous. See our guide to claims against Caltrans and the State after a highway crash.

Los Angeles Sidewalk Accident Lawyer: Who Is Responsible for Sidewalk Injuries in California?

As your Los Angeles sidewalk accident lawyer, we look at ownership first, because who is responsible for sidewalk injuries in California depends on who owns or controls the sidewalk and who caused the defect. For a defective public sidewalk in the City, the City is typically the defendant.

Streets and Highways Code 5610 requires owners of property fronting a public street to maintain the sidewalk, but under Williams v. Foster (1989) 216 Cal.App.3d 510, that duty runs to the city, not to a pedestrian. An adjacent owner is generally liable to a pedestrian only if the owner created the defect, altered or used the sidewalk for the owner’s own benefit, controlled it, or an ordinance clearly imposes liability to the public.

Tree roots are the most common cause of lifted slabs in LA neighborhoods. Where a city has habitually maintained the parkway tree, courts have attributed the hazard to the city (Jones v. Deeter (1984) 152 Cal.App.3d 798), and the City has excluded parkway-tree damage from the owner repair obligations in Municipal Code 62.104.

Where the fall happened	Typical defendant	Deadline
Public sidewalk in the City, including uplift from a city-maintained tree	The City, as a dangerous condition under Gov. Code 835	6-month claim
Public sidewalk the adjacent owner damaged, altered, or controlled	The owner, and possibly the City	2 years for the owner; 6-month claim for the City
Private walkway at a store, apartment complex, or HOA	The property owner or manager	2 years, CCP 335.1
Metro station or school campus	LA Metro or the school district	6-month claim

Falls on private property are premises liability cases; see our slip and fall practice.

Dangerous Condition of Public Property Under Government Code 835

To hold a public entity liable for a defective sidewalk, road, or building, Government Code 835 requires proof that the property was in a dangerous condition, the condition caused the injury, it created a foreseeable risk of that kind of injury, and either a public employee created it or the entity had actual or constructive notice in time to fix it or warn.

Notice usually decides the case. Under Government Code 835.2, constructive notice exists when the condition had been there long enough, and was obvious enough, that the entity should have found it with reasonable care. Prior 311 requests, StreetsLA (Bureau of Street Services) work orders, inspection records, earlier injuries at the same spot, and the plain age of a root-lifted slab are the evidence that proves it. We go after those records early.

Serious Sidewalk Injuries and the Trivial Defect Rule

Under Government Code 830.2, a condition is not dangerous if its risk is minor, trivial, or insignificant. Courts have found height differences around three-quarters of an inch or less trivial unless something else made the defect dangerous, such as poor lighting, jagged edges, or debris hiding the lip (Fielder v. City of Glendale (1977) 71 Cal.App.3d 719; Stathoulis v. City of Montebello (2008) 164 Cal.App.4th 559).

As a Los Angeles sidewalk accident attorney, our firm takes cases where the defect is substantial and the injury is serious: a hip fracture that needs surgery, a head strike on concrete, a broken wrist that ends your ability to work. A fall over a small lip with injuries that heal in a few weeks is usually not a case we accept, and we will tell you so plainly in your consultation. More on sidewalk ownership and notice is in our guide to city sidewalk injuries and who is liable.

Public Vehicles: City Trucks, Metro Buses, County Vehicles, and Ambulances

Under Vehicle Code 17001, a public entity is liable for injury caused by the negligent operation of its vehicle by an employee acting within the scope of employment. That covers city sanitation and street services trucks, parking enforcement vehicles, Metro buses, county Public Works and Sheriff’s vehicles, and ambulances run by a public fire department. Police pursuits and emergency responses carry their own immunity rules that change the analysis.

Who owns the vehicle decides the procedure. A private ambulance company or a private contractor driving for a city is not a public entity, and the two-year deadline applies to that party. Bus cameras, telematics, and dispatch logs run on retention schedules that do not wait for a claim to be rejected. For crashes without a public vehicle, see our pages on car accident claims and truck accident claims. We also handle bus accident, motorcycle accident, pedestrian accident, and bicycle accident claims.

Our results include a $3,500,000 recovery in a motor vehicle accident with a county vehicle and a $275,000 recovery in a bus accident. Every case depends on its own facts.

Every result depended on the facts of that case, and results will differ based on different facts. Past results do not guarantee, warrant, or predict the outcome of your matter.

What to Do in the First 30 Days After an Injury on Public Property

Day 1: Get medical care and say how it happened. Tell the emergency room you fell on a sidewalk or were hit by a city vehicle or bus.
Days 1 to 3: Photograph the scene. Shoot the defect with a coin or shoe for scale, plus wide shots of lighting and nearby addresses. For a crash, capture the vehicle’s markings and unit number.
Days 1 to 7: Collect names. Witnesses, the bus route and time, the police report number, and any public employee involved. Keep the shoes and clothing you wore.
Week 1: Decline a recorded statement. If a public entity’s adjuster calls, you are not required to give one, and it is reasonable to wait until you have spoken with an attorney.
Weeks 1 to 2: Send preservation requests. Bus video, signal logs, 311 histories, and business cameras can be overwritten within weeks.
Weeks 2 to 4: Identify every entity involved. The City, the County, Metro, a school district, Caltrans, and a private owner can all be in play in one incident.
By day 30: Have the claim in preparation. Six months sounds generous until a hospital stay and rehabilitation consume most of it.

See why time matters after an injury.

Catastrophic Injuries in Claims Against Public Entities

A fall on concrete or a collision with a bus or sanitation truck often causes the most serious injuries: traumatic brain injury, hip fractures that end an older adult’s independence, spinal cord injury and paralysis, shattered wrists, facial fractures, and wrongful death.

We value these cases over a lifetime, not a few months of bills: medical projections, a life-care plan for future surgery and in-home care, and an analysis of lost earning capacity. Compensation for decades of care cannot be measured by an early offer made before your prognosis is known. When a death results, the government claim must be presented within six months of the death; a claim against any private party falls under the two-year statute in Code of Civil Procedure 335.1. Read more about catastrophic injury claims and wrongful death claims.

Compensation in a Claim Against a Public Entity

Compensation in a California injury case falls into two categories of compensatory damages:

Economic damages: past and future medical care, lost wages, lost earning capacity, rehabilitation, in-home care, and damage to personal property.
Non-economic damages: physical pain, emotional distress, disfigurement, and loss of enjoyment of life.

Punitive damages are a separate category. Against a private defendant they require clear and convincing evidence of malice, oppression, or fraud under Civil Code 3294. Against a public entity they are not available at all: Government Code 818 bars them. Compensation from a city or the State is therefore entirely compensatory, which makes documenting future care more important, not less.

California’s pure comparative fault rule applies. Your compensation is reduced by your share of fault, not eliminated. We weigh any settlement with a public entity against the full lifetime cost of your injury. See our explainer on economic and non-economic damages.

Why Our Los Angeles Firm Takes Claims Against a City

Attorney Ted H. Ravan first became involved with personal injury law when his grandfather was in a near-fatal incident involving a city-operated bus.

A case against a government agency runs on its own forms, its own offices, and a six-month clock that does not care how long recovery takes. That is why our firm takes the sidewalk, city truck, and Metro bus cases, and why we write every government claim with care. Ted H. Ravan, a Los Angeles personal injury attorney, studied political science at UC San Diego and earned his law degree at the University of San Diego School of Law, where he gave more than 100 volunteer hours to the campus free legal clinic. Read more about attorney Ted H. Ravan.

Government Claims Across Los Angeles County

We handle claims against public entities across LA County: root-lifted sidewalks in Hancock Park, Koreatown, Mid-City, and the San Fernando Valley; Metro injuries along Wilshire Boulevard, Downtown, and Hollywood; city vehicle crashes from Venice to Boyle Heights; and Caltrans cases on the 5, the 10, the 405, and Pacific Coast Highway. We also bring claims against Santa Monica, Long Beach, Pasadena, Glendale, and other county cities. Big Blue Bus is a department of the City of Santa Monica, so a Big Blue Bus claim goes to the City. We treat the government claim as the core of a sidewalk case rather than an obstacle. From our office on San Vicente Boulevard in Los Angeles, we also represent injured clients in Orange County, San Diego County, and Palm Springs. Information is available in Spanish, including our guide to plazos para reclamos contra entidades públicas en California.

Talk to a Los Angeles Government Claims Lawyer Before Six Months Pass

If you or someone in your family was seriously hurt on a public sidewalk, by a city or county vehicle, on a Metro bus, or on a state highway, the six-month deadline under Government Code 911.2 began on the day of the injury. It does not pause for surgery, rehabilitation, or a child’s age.

Call Ravan Law at (424) 465-2500 for a free consultation with a Los Angeles government claims lawyer. We will identify every public entity involved, confirm the date your claim is due, and prepare it with you. We answer your questions and keep you updated at every stage. No fee unless we win.

6310 San Vicente Blvd., Suite 401, Los Angeles, CA 90048

More from Ravan Law: the homepage and our video explainer on what to do if you’ve been injured due to a government entity.

Attorney Advertising. Ted H. Ravan, Esq., Ravan Law, Los Angeles, CA. This content is general information, not legal advice. Every case depends on its specific facts.

Every result depended on the facts of that case, and results will differ based on different facts. Past results do not guarantee, warrant, or predict the outcome of your matter.

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Frequently Asked Questions About Government Claims and Sidewalk Accidents

Who is responsible for sidewalk injuries in California?

It depends on ownership and cause. For a defective public sidewalk, the city is typically responsible under Government Code 835 if it had notice of the defect. An adjacent owner is generally liable to a pedestrian only if the owner created the defect, controlled the sidewalk, or an ordinance clearly imposes that liability. Private walkways at stores, apartments, and HOAs fall on the owner.

Where do I file a claim for damages with the City of Los Angeles?

With the City Clerk: online at claims.lacity.org, in person at Room 395 of City Hall, or by mail to 200 N. Spring Street, Room 395. Faxed and emailed claims are not accepted, and a claim sent to the City Attorney is not filed.

How long do I have to file a claim against a public entity in California?

Six months from the date of injury for a personal injury claim, and generally six months from the date of death for a wrongful death claim (Government Code 911.2). Claims for other losses, such as damage to real property, have one year.

What is a Caltrans claim, and where is it filed?

A claim against the State of California for an injury caused by a state highway or a state employee. Personal injury claims over $12,500 are filed with the DGS Government Claims Program, with a $25 fee per claimant or a fee waiver request, within six months of the injury. Caltrans takes claims of $12,500 or less at its district claims office.

My child was hurt. Does the six-month deadline still apply? Yes. A child's age does not pause the six-month government claim deadline. Minority supports a late-claim application under Government Code 911.6, but that application must be filed within one year of the injury.

xYes. A child's age does not pause the six-month government claim deadline. Minority supports a late-claim application under Government Code 911.6, but that application must be filed within one year of the injury.

Does it hurt my case if the City repairs the sidewalk after I fall?

No. Under Evidence Code 1151, a repair made after an injury is generally not admissible to prove negligence. Photograph the defect before it is fixed, and note the date of any repair.

Do I need an attorney to file a government claim?

The law does not require one. But the claim's description, the entity named, and the amount format under Government Code 910 shape the whole case, and errors can be fatal. In a free consultation, we can confirm which entity to name and when your deadline ends.