When government employees or agencies cause harm through negligence, California residents often wonder if they have legal recourse. While personal injury cases typically involve private parties like drunk drivers or negligent property owners, government entities and their employees can also be held liable for causing injuries to ordinary citizens. Understanding your rights under California law is crucial for protecting yourself and securing the compensation you deserve.
Key Takeaways:
- You can sue government agencies in California, but strict procedural requirements must be followed.
- Administrative claims must be filed within 6 months for personal injury or 1 year for property damage.
- The California Tort Claims Act governs lawsuits against state and local government entities.
- Federal claims are handled under the Federal Tort Claims Act with different procedures.
- Professional legal representation significantly increases your chances of successful recovery.
Get a Free Case Review — Our experienced California personal injury attorneys can evaluate your government liability claim today.
Understanding Government Liability in California
Can You Sue a Government Agency for Negligence?
Yes, you can file a lawsuit against government agencies or employees for wrongdoing or misconduct in California. However, the process is significantly more complex than standard personal injury cases and involves strict procedural requirements that must be followed precisely.
The California Tort Claims Act (CTCA), found in California Government Code §§ 810-996.6, governs how citizens can seek compensation from state and local government entities. This comprehensive legal framework replaced the traditional doctrine of sovereign immunity, which previously protected government agencies from most lawsuits.
Federal vs. State Government Claims
The type of government entity involved determines which legal framework applies to your case:
The California Tort Claims Act governs state and Local Government Claims and includes:
- City and county employees
- State agency workers
- Public school districts
- Municipal utility workers
Federal Government Claims fall under the Federal Tort Claims Act (FTCA), codified at 28 U.S.C. §§ 1346, 2671–2680, and involve:
- Federal employees acting within their official duties
- Military personnel
- Postal service workers
- Federal healthcare providers
Time Limits and Filing Requirements
California Government Claim Deadlines
California law imposes strict deadlines that are much shorter than typical personal injury cases:
Administrative Claim Filing Deadlines:
- Personal Injury Claims: 6 months from the incident date.
- Property Damage Claims: 1 year from the incident date.
- Wrongful Death Claims: 6 months from the date of death.
After Administrative Review:
- The government has 45 days to accept or deny your claim.
- If denied, you have 6 months from the denial date to file a lawsuit.
- If no response, you have 2 years from the accident date to file suit.
Missing these deadlines typically results in permanent loss of your right to compensation, making immediate legal consultation essential.
Exceptions to Standard Filing Requirements
California Government Code Section 911.4 provides limited exceptions for late claim filing, including:
- Physical or mental incapacitation
- Mistake, inadvertence, or excusable neglect
- Being a minor at the time of injury
However, these exceptions require court approval and are granted sparingly.
Types of Government Liability Cases
Common State and Local Government Claims
Motor Vehicle Accidents involving government employees driving:
- Police vehicles
- City maintenance trucks
- School buses
- Public transportation
Dangerous Public Property Conditions, such as:
- Poorly maintained roads and sidewalks
- Inadequate street lighting
- Defective traffic signals
- Unsafe public building conditions
Medical Malpractice in state-run facilities:
- County hospitals
- State mental health facilities
- University medical centers
For more information about compensation in accident cases, see our guide on how much someone can recover for a car accident.
Federal Government Liability Examples
Medical Malpractice in Federal Facilities:
- Veterans Affairs hospitals
- Military medical facilities
- Federal employee health centers
Federal Employee Negligence during official duties:
- Postal service accidents
- National park incidents
- Federal building injuries
Government Property Hazards:
- Unsafe federal building conditions
- Military base accidents affecting civilians
Talk to a Lawyer Today — Don’t let government immunity claims prevent you from seeking justice.
Compensation Available in Government Claims
Economic Damages
California law allows recovery of full economic damages in government liability cases, including:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Property damage
- Rehabilitation costs
- Ongoing care expenses
Non-Economic Damages
Non-economic damages are also recoverable, covering:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or disability
- Loss of consortium (for spouses)
Important Note: California Government Code Section 912.2 requires that monetary claims exceeding $10,000 must specify whether you’re seeking more or less than $10,000 in non-monetary relief.
Punitive Damages Limitations
Unlike private party lawsuits, punitive damages are generally not available against government entities under California Government Code Section 818, though exceptions exist for certain constitutional violations.
The Claims Process: Step-by-Step Guide
Step 1: Identify the Liable Government Entity
Determine whether the responsible party is:
- A government employee acting within their official duties
- The government entity itself
- Federal, state, or local government
The specific entity determines which legal framework applies and where to file your claim.
Step 2: Gather Essential Documentation
Collect crucial evidence, including:
- Medical records and treatment documentation
- Accident reports and witness statements
- Photographs of the incident scene
- Employment verification for lost wages
- All correspondence with government agencies
Step 3: File the Administrative Claim
Submit your claim to the appropriate entity:
- State Claims: California Department of General Services, Office of Risk Management
- Local Claims: City clerk, county counsel, or designated claims administrator
- Federal Claims: Appropriate federal agency
Step 4: Await Government Response
Government entities have specific timeframes to respond:
- 45 days for most California claims
- 6 months for federal claims
- Denial triggers additional procedural requirements
Step 5: Pursue Litigation if Necessary
If your administrative claim is denied or ignored, litigation may be necessary. This requires strict adherence to post-denial deadlines and complex procedural requirements.
For cases involving serious injuries, consider consulting resources on the role of expert witnesses in personal injury cases to strengthen your claim.
Special Considerations for Los Angeles Residents
Los Angeles County and City have specific procedures for government claims. The city requires claims to be filed with the City Clerk’s office, while county claims go through the county counsel’s office. Each entity may have slightly different forms and procedures.
For residents in the Los Angeles area, our Los Angeles personal injury lawyers have extensive experience with local government claim procedures and can provide specialized guidance.
Frequently Asked Questions
What Is Sovereign Immunity, and How Does It Affect My Case?
Sovereign immunity is a legal doctrine that traditionally protects government entities from lawsuits. California has largely waived sovereign immunity through the Tort Claims Act, but certain functions like legislative and judicial actions remain protected. Federal immunity is more limited under the FTCA.
Can I Sue if a Government Employee Was Off-Duty When the Accident Occurred?
Generally, government liability only applies when employees are acting within the scope of their official duties. Off-duty conduct typically doesn’t create government liability, though exceptions exist for certain law enforcement situations or when using government vehicles.
What Happens if the Government Denies My Administrative Claim?
If your claim is denied, you receive a formal rejection letter that triggers a 6-month deadline to file a lawsuit in court. The denial doesn’t mean your case lacks merit – many successful lawsuits begin with denied administrative claims.
Are There Damage Caps for Government Liability Cases in California?
California doesn’t impose general damage caps for government liability cases, unlike some other states. However, specific limitations may apply to certain types of claims or under federal law.
Can I Still File a Claim if I Was Partially at Fault for the Accident?
Yes, California follows comparative negligence rules. Your percentage of fault will reduce your compensation, but you can still recover damages even if you were partially responsible for the accident.
What if the Government Claims the Employee Wasn’t Acting in Their Official Capacity?
This is a common defense strategy. The determination involves examining whether the employee was performing job-related duties, using government property, or acting with apparent authority. Legal representation is crucial for addressing these complex issues.
How Long Do Government Liability Lawsuits Typically Take?
Government cases often take longer than private party lawsuits due to complex procedural requirements, government bureaucracy, and sovereign immunity defenses. Cases can range from several months to several years, depending on complexity and settlement negotiations.
Can I Sue for Emotional Distress Alone Without Physical Injuries?
California allows recovery for pure emotional distress in limited circumstances, typically requiring extreme and outrageous conduct. Physical manifestations of emotional distress strengthen these claims significantly.
What if Multiple Government Entities Were Involved in My Injury?
Cases involving multiple government entities (city, county, state, or federal) require separate claims against each entity, potentially under different legal frameworks. Coordination and timing become critical factors.
Do I Need a Lawyer for a Government Liability Claim?
While not legally required, professional representation is strongly recommended due to the complex procedural requirements, strict deadlines, and specialized knowledge needed for government liability cases. Self-represented claimants often face procedural dismissals.
Expert Tips for Government Liability Claims
- Document everything immediately after the incident. Government entities often have superior resources for investigating and defending claims, making early evidence preservation crucial for your case’s success.
- Never accept an initial settlement offer without legal consultation. Government entities often make low initial offers, hoping claimants will accept without understanding their full rights under California law.
- File your administrative claim as soon as possible, even if you’re still receiving medical treatment. The strict 6-month deadline cannot be extended except in very limited circumstances outlined in Government Code Section 911.4.
- Keep detailed records of all economic losses, including medical expenses, lost wages, and property damage. Government entities scrutinize damage claims more thoroughly than private insurance companies.
- Understand that government liability cases require different legal strategies than private party claims. Standard personal injury tactics may not be effective against government defendants with specialized legal protections.
Get a Free Case Review: Our California government liability attorneys can evaluate your case and ensure all deadlines are met.
References
- California Government Code Sections 810-996.6 (California Tort Claims Act) — California Legislative Information
- Federal Tort Claims Act, 28 U.S.C. 1346, 2671-2680
- California Government Code Section 911.4 (Late Claim Provisions)
- California Government Code Section 912.2 (Claim Content Requirements)
- California Government Code Section 818 (Punitive Damages Limitations)
- Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal. 3d 780 (Government Liability Standards)
- California Civil Code Section 1714 (General Negligence Standards)
Contact Adamson Ahdoot Today
Government liability cases require immediate action due to strict deadlines and complex procedural requirements. Our experienced California personal injury attorneys understand the intricacies of both state and federal government claims and can guide you through every step of the process.
Don’t let procedural technicalities prevent you from obtaining the compensation you deserve. Contact us today for a free consultation and case evaluation.
