Six Months Is the Clock for Public Claims

Injuries on public property or involving a government vehicle follow a different timetable than ordinary crash and fall claims. In California, a written claim has to reach the responsible agency within months, not years. Missing that first step can end a case before anyone has evaluated the injuries.

Public Claims Run on a Shorter Clock

Government Code section 911.2 requires a claim for death or injury to a person to be presented to the public entity no later than six months after the cause of action accrues. For a fall or a collision, that generally means six months from the date of the injury. The deadline is short.

Many people know the standard two-year period for California filing deadlines, and it’s easy to assume it covers every case. It doesn’t replace the shorter claim requirement for public entities.

Who Counts as a Public Entity

A claim may be needed whenever the other side is a government body. Common examples around East Los Angeles include:

• A city or county that maintains a road, sidewalk, or traffic signal
• A school district responsible for a campus or a school bus
• A transit agency operating a bus or train
• A government employee driving a work vehicle

Finding out who owns the property or vehicle comes first, because each entity has its own claim process. Ownership isn’t always obvious. A crosswalk, a median, and a bus stop can belong to three different bodies, and an East Los Angeles personal injury lawyer can trace that ownership from records instead of guesswork.

Private property is different. A fall inside a store or an apartment building involves a private owner and a separate set of deadlines, and an East Los Angeles premises liability lawyer can explain how they differ.

Crosswalks and Sidewalks Are Common Starting Points

Pedestrians face some of the clearest public-property risks. Faded paint, broken signals, and uneven pavement all belong to someone, and that someone can be a government body. Hazards at dangerous East LA crosswalks can lead to claims against an agency as well as a driver.

A person hit while crossing may also have claims against a driver, which means more than one deadline can run at once. Working with an East Los Angeles pedestrian accident lawyer helps sort out which claims go to an agency and which go to an insurer.

A Late Claim Is Possible but Not Guaranteed

Someone who misses the six-month deadline isn’t always out of options. Under Government Code section 911.4, a written application can be made to the entity for leave to present a late claim. It has to be filed within a reasonable time, not to exceed one year after the cause of action accrued, and it must state the reason for the delay.

The entity can still say no. Treat the late-claim process as a safety net and not as a plan.

Gather the Record While Details Are Fresh

Public entities investigate claims on their own, so the injured person’s side of the file matters just as much. Start with these items:

• Photographs of the hazard before anyone repairs it
• The exact address or nearest intersection
• Names and numbers for anyone who saw the injury
• Medical records and a short log of symptoms
• Incident or case numbers issued by police or the agency

Fall cases raise a separate question about responsibility, and the answer differs depending on who controls the surface. Cases about broken sidewalk liability turn on exactly that question of control.

Keep a Calendar From Day One

The six-month limit leaves little room for waiting to see how an injury develops. Mark the date early. Writing the date of injury at the top of a notebook, then counting forward, is a simple habit that helps prevent missed deadlines.

Founding partner Wayne R. Cohen has practiced law since 1991 and has taught Trial Skills at The George Washington University Law School since 1993. That trial background is why we track deadlines like this one from the first day of a matter at Cohen Injury Law Group.

A shorter clock doesn’t mean a weaker claim, only a less forgiving one. Anyone in East Los Angeles hurt on public property can reach out to us to confirm the dates and map out the next steps.