California Government Claims Act Demand Letters
California Government Claims Act Demand Letters
Gov. Code §§ 810-996.6 | Tort Claims Against Public Entities
California Government Claims Act Overview
🏛️ Critical Pre-Suit Requirement: California law requires a formal written claim be filed with the public entity BEFORE filing lawsuit for money damages. This is not optional – failure to file a compliant claim within statutory deadlines permanently bars your lawsuit.
What Is The Government Claims Act?
California Government Code §§ 810-996.6 (commonly called the “Tort Claims Act”) establishes procedures for bringing claims against:
- State agencies: CalTrans, DMV, state hospitals, universities, departments
- Counties: County governments, county hospitals, sheriffs
- Cities: Municipal governments, police departments, fire departments
- Special districts: School districts, transit agencies, water districts, park districts
- Public employees: Acting within scope of employment
Strict Deadlines
| Type of Claim | Deadline to File | Authority |
|---|---|---|
| Personal injury | 6 months from accrual | Gov. Code § 911.2(a) |
| Wrongful death | 6 months from accrual | Gov. Code § 911.2(a) |
| Damage to personal property | 6 months from accrual | Gov. Code § 911.2(a) |
| All other claims (contract, etc.) | 1 year from accrual | Gov. Code § 911.2(b) |
🚨 Missing Deadline = Lawsuit Barred: If you miss the 6-month deadline for a personal injury claim, you can petition for late-claim relief (Gov. Code § 911.4), but success is not guaranteed. Courts strictly enforce these deadlines. File early.
Required Content (Gov. Code § 910)
A compliant claim must include:
- Name and address of claimant (or authorized representative)
- Date, place, and circumstances of the occurrence giving rise to the claim
- Description of the injury, loss, or damage suffered
- Names of public employees causing the injury (if known)
- Amount claimed: Either a specific dollar amount, OR a statement that the claim exceeds the jurisdictional limit of the superior court ($25,000+)
What Happens After Filing
| Timeline | Action |
|---|---|
| Within 45 days | Public entity must accept, reject, or compromise claim (Gov. Code § 912.4) |
| After 45 days (no response) | Claim deemed rejected (Gov. Code § 912.4(c)) |
| After rejection | Claimant has 6 months to file lawsuit (Gov. Code § 945.6) |
| If claim allowed/compromised | Settlement negotiated; no lawsuit needed |
Common Claim Types
- Dangerous condition of public property: Potholes, broken sidewalks, missing guardrails, defective traffic signals, poorly maintained parks (Gov. Code § 835)
- Vehicle accidents: Crashes with city buses, police cars, fire trucks, public works vehicles
- Police misconduct: Excessive force, false arrest, malicious prosecution (subject to immunities)
- Medical malpractice: County hospitals, state psychiatric facilities, prison medical care
- School liability: Student injuries due to supervision failures, dangerous conditions on campus
⚠️ This Is NOT A Typical Demand Letter: Many people send informal demand letters to government agencies thinking they’ve satisfied the Claims Act. They haven’t. The claim must comply with Gov. Code § 910 requirements and be properly served on designated officials. Informal letters to adjusters or department heads don’t count.
How To File A Government Claim
Step 1: Identify The Correct Public Entity
🚨 Common Mistake: Filing claim with wrong entity (e.g., claiming against “California Highway Patrol” when you should claim against “State of California”). Research who actually owns/operates the property or employs the person who caused injury.
Examples:
- State highways: Claim against State of California (CalTrans maintains)
- City streets: Claim against City of [name]
- County roads: Claim against County of [name]
- Public schools: Claim against [name] Unified School District
- Public transit: Claim against transit agency (e.g., BART, LA Metro, SF Muni)
- State university: Claim against Regents of University of California (UC system) or Trustees of CSU
Step 2: Determine Filing Deadline
Personal injury accrual: Generally when injury occurs. For medical malpractice or latent injuries, may accrue later under discovery rule, but Gov. Code § 911.2 still imposes absolute 6-month limit from discovery.
Example timeline:
- October 1, 2024: Trip and fall on broken sidewalk
- Deadline: April 1, 2025 (6 months later)
- If filed April 2, 2025: Too late (unless late-claim relief granted)
Step 3: Gather Evidence
Before drafting claim, collect:
- Incident documentation: Photos/video of scene, police reports, 911 call recordings, incident reports
- Medical records: Emergency room, surgery, ongoing treatment, prognosis
- Wage loss: Pay stubs, employer letter, tax returns
- Witness information: Names, contact info, witness statements
- Prior complaints: Public records requests for prior complaints about same hazard (shows notice)
- Maintenance records: Public records requests for inspection/maintenance logs
Step 4: Draft Claim (Gov. Code § 910 Compliance)
Required elements:
| Element | What To Include |
|---|---|
| Claimant information | Full name, address, phone, email. If minor, parent/guardian info. If deceased, successor-in-interest info. |
| Date & place | Exact date and specific location (address, intersection, mile marker). If multiple incidents (ongoing harassment), list dates. |
| Circumstances | Narrative of what happened. Be specific but concise. Include facts supporting liability (e.g., “pothole approximately 8 inches deep and 12 inches wide, which had been reported to City on three prior occasions”). |
| Injury/loss | Describe injuries (fractures, lacerations, surgeries), property damage, wage loss, emotional distress. Attach medical records and bills. |
| Employees responsible | If known (e.g., “Officer John Smith, Badge #1234”). If unknown, state “unknown” or “employees responsible for maintaining [location]”. |
| Amount | Specific demand ($100,000) OR statement “exceeds $25,000” (keeps superior court jurisdiction open). |
Step 5: Proper Service
Gov. Code §§ 915-915.4 specify service methods:
- In person: Deliver to “clerk, secretary, or auditor” of the entity, OR other designated official
- By mail: Certified or registered mail to designated address
- Find designated officials: Check entity’s website for “claims filing” or “tort claims” page; or call entity and ask for “name and address of official designated to receive tort claims”
Common designated addresses:
- State of California: Government Claims Program, Attn: Claims Acceptance, P.O. Box 942850, Sacramento, CA 94250
- Cities/Counties: City Attorney’s Office or County Counsel (check local ordinances)
- School districts: Superintendent or designated risk manager
⚠️ Proof of Service: Keep certified mail receipts, delivery confirmations, or declarations of personal service. You may need to prove timely filing later.
Step 6: Wait for Response (45 Days)
Entity has 45 days to:
- Allow claim: Agree to pay (rare without negotiation)
- Reject claim: Issue written rejection letter
- Compromise: Make settlement offer
- Do nothing: Deemed rejected after 45 days
Once rejected (or deemed rejected), you have 6 months to file lawsuit (Gov. Code § 945.6).
Late Claims (Gov. Code § 911.4)
If you missed the 6-month deadline, you may petition for late-claim relief:
- Deadline for petition: Within 1 year of accrual (for most PI claims)
- Grounds: Minority, disability, death, fraud, mistake, excusable neglect (Gov. Code § 911.6)
- Process: File application with entity; if denied, petition superior court
- Success rate: Low. Courts strictly enforce deadlines. Don’t rely on late-claim relief – file on time.
Dangerous Condition of Public Property Claims
Legal Standard (Gov. Code § 835)
Public entity liable for injury caused by dangerous condition if:
- The property was in a dangerous condition at time of injury
- The condition created a reasonably foreseeable risk of the kind of injury suffered
- The dangerous condition was a proximate cause of injury
- Either:
- An employee’s negligent act or omission created the condition, OR
- The entity had actual or constructive notice in time to take protective measures
What Is A “Dangerous Condition”? (Gov. Code § 830)
A condition of property that creates a substantial risk of injury when used with due care in a reasonably foreseeable manner.
Examples:
- Sidewalks: Cracks, uplifts, tree-root damage creating trip hazards (typically 1″+ differential)
- Roads: Potholes, missing signage, obscured stop signs, inadequate lane markings, flooding
- Stairs/handrails: Missing or broken handrails, uneven steps, poor lighting
- Parks/recreation: Broken playground equipment, exposed hazards, inadequate fencing near water
- Public buildings: Slippery floors without warnings, broken doors, inadequate security
- Transit: Defective bus brakes, unsafe platforms, missing warnings at dangerous crossings
Proving Notice
If entity didn’t create the condition, claimant must show entity had notice:
| Type of Notice | How To Prove |
|---|---|
| Actual notice | Public records showing prior complaints, work orders, inspection reports documenting the hazard. Testimony from entity employees who saw the condition. |
| Constructive notice | Condition existed long enough that entity should have discovered it during reasonable inspections. Evidence: age of hazard (long-standing pothole, deteriorated sidewalk), entity’s inspection policies. |
Common Defenses & Immunities
Design immunity (Gov. Code § 830.6):
- Public entity immune if condition resulted from approved design and discretionary approval by entity employee
- Example: Road curve designed by engineer and approved by city council is immune, UNLESS condition changed substantially since approval
- Claimant can defeat: Show design was not actually approved by decision-making body, OR condition changed after approval (maintenance failure)
Natural condition immunity (Gov. Code § 831.2):
- No liability for unimproved public property (trails, undeveloped land) in natural condition
- Exception: If entity created dangerous condition or improved the property
Trivial defect doctrine:
- Minor defects that pose no substantial risk are not “dangerous conditions”
- Factors: Height differential (less than 1 inch often trivial), whether plainly visible, weather conditions, lighting
- Example: ½ inch sidewalk crack in daylight likely trivial; 2-inch uplift obscured by leaves likely dangerous
Evidence Checklist for Dangerous Condition Claims
- Photos/video: Hazard from multiple angles, measurements (use ruler or measuring tape in photo), surrounding area showing visibility
- Measurements: Height differentials, width/depth of pothole, distance from signage
- Incident reports: Police report, 911 call recording, ambulance report
- Witness statements: People who saw incident or can testify to existence of hazard
- Public records: Prior complaints about same location (request via Public Records Act, Gov. Code §§ 6250 et seq.)
- Maintenance logs: Inspection schedules, work orders, repair history for the area
- Weather conditions: If visibility or traction relevant
- Expert reports: Engineer or safety expert opining that condition was dangerous and entity had notice
Public Transit Cases
Special considerations for buses, light rail, BART, etc.:
- Dual theories: Dangerous condition (platform hazards, inadequate warnings) AND operator negligence (sudden stop, door closure)
- Common scenarios: Slip/fall while boarding, sudden braking causing passenger fall, door closing on passenger, platform gaps
- Evidence: Transit agency incident reports, onboard camera footage, operator logs, prior complaints about same route/vehicle
- Deadlines: Same 6-month Gov Claims Act deadline applies to all transit agencies
Sample Government Claims
Sample 1: Dangerous Sidewalk Condition
CLAIM FOR DAMAGES
Pursuant to California Government Code §§ 900 et seq.
TO: City of [City Name]
[Address of designated claims official]
FROM: [Your Name]
[Your Address]
[Phone]
[Email]
DATE OF CLAIM: [Date]
1. CLAIMANT INFORMATION:
Name: [Your Full Name]
Address: [Street Address, City, CA ZIP]
Phone: [Phone Number]
Email: [Email]
2. DATE, PLACE, AND CIRCUMSTANCES OF OCCURRENCE:
Date of Incident: [Date], approximately [time]
Location: Public sidewalk on [Street Name], approximately [50 feet north of intersection with Cross Street / in front of property address], City of [City Name], California.
Circumstances:
On [date] at approximately [time], I was walking [north/south/direction] on the public sidewalk on [Street Name] when I tripped on a raised, broken section of sidewalk and fell.
The sidewalk had an approximately [2-inch] height differential where two concrete sections met. The raised section was caused by [tree root growth / ground settlement / deterioration], creating a substantial trip hazard. The defect was approximately [1 foot] from the curb.
I did not see the defect before tripping because [it was obscured by leaves / poor lighting / etc.]. I was using due care and watching where I was walking.
I fell forward onto the sidewalk, impacting my [left knee and both hands] on the concrete. Bystanders called 911. I was transported by ambulance to [Hospital Name] where I was diagnosed with [injuries – see medical records attached].
3. DESCRIPTION OF INJURY, LOSS, OR DAMAGE:
As a result of this fall, I sustained the following injuries:
• [Left knee fracture requiring surgery]
• [Laceration to right palm requiring 8 stitches]
• [Contusion to left wrist]
• [Ongoing pain and limited mobility]
Medical Treatment:
• Emergency room treatment at [Hospital], [date]: $[amount]
• Surgery at [Hospital], [date]: $[amount]
• Physical therapy, [dates]: $[amount]
• Ongoing treatment expected for [X] additional months
Economic Damages:
• Medical expenses to date: $[amount]
• Estimated future medical: $[amount]
• Lost wages ([X weeks missed work]): $[amount]
• Property damage (torn clothing, damaged phone): $[amount]
Non-Economic Damages:
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
4. PUBLIC EMPLOYEES RESPONSIBLE:
The employees responsible for maintaining the sidewalk at this location are unknown to me, but include City of [City Name] Department of Public Works employees responsible for sidewalk inspection, maintenance, and repair.
5. PRIOR NOTICE TO CITY:
Upon information and belief, the City had actual or constructive notice of this dangerous condition prior to my injury:
• The deterioration and uplift were longstanding (visible weathering, vegetation growth)
• The City conducts regular sidewalk inspections in this area
• [If available: City received prior complaints about this location on [dates] – see attached public records request response]
6. AMOUNT CLAIMED:
The total amount claimed is $[specific amount, e.g., $150,000], which includes past and future medical expenses, lost wages, property damage, pain and suffering, and other general damages.
[Alternative if not specifying exact amount: “The amount claimed exceeds Twenty-Five Thousand Dollars ($25,000).”]
7. SUPPORTING DOCUMENTATION:
Attached:
• Photos of sidewalk defect (Exhibit A)
• Emergency room records (Exhibit B)
• Surgery records and bills (Exhibit C)
• Police incident report (Exhibit D)
• Employer letter re: lost wages (Exhibit E)
• [Public records showing prior complaints (Exhibit F)]
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [Date] at [City, California].
_______________________________
[Your Signature]
[Your Printed Name]
Sample 2: Vehicle Accident with City Bus
CLAIM FOR DAMAGES
Pursuant to California Government Code §§ 900 et seq.
TO: [Transit Agency Name]
Attention: Risk Management / Claims Department
[Address]
FROM: [Your Name]
[Your Address]
DATE OF CLAIM: [Date]
1. CLAIMANT INFORMATION:
[Full identifying information as in Sample 1]
2. DATE, PLACE, AND CIRCUMSTANCES:
Date: [Date], approximately [time]
Location: [Intersection of Street A and Street B], [City], California
Circumstances:
On [date] at approximately [time], I was driving [direction] on [Street A] approaching [Street B]. I had a green light and was proceeding through the intersection at approximately [25 mph].
A [Transit Agency] bus, vehicle number [Bus #], driven by [Driver Name, if known, or “unknown driver”], was traveling [direction] on [Street B]. The bus ran the red light and entered the intersection, striking my vehicle on the [driver’s side].
The impact caused my vehicle to [spin/be pushed into oncoming traffic/etc.]. The collision was witnessed by [number] people, including passengers on the bus and other motorists. Police were called and responded. Police report #[number] was filed with [Police Department].
The bus driver was at fault for [running red light / unsafe speed / failure to yield / inattentive driving]. Traffic camera footage at the intersection should corroborate this account.
3. DESCRIPTION OF INJURY, LOSS, OR DAMAGE:
Personal Injuries:
• [Whiplash and cervical strain]
• [Lower back injury]
• [Concussion]
• [Ongoing headaches and neck pain]
Medical treatment:
• Emergency room: $[amount]
• MRI and diagnostic imaging: $[amount]
• Orthopedic specialist: $[amount]
• Physical therapy (ongoing): $[amount per session]
• Estimated future medical: $[amount]
Vehicle Damage:
• [Year Make Model] total loss (pre-accident value $[amount])
• OR: Repair costs: $[amount per estimate attached]
Economic Damages:
• Medical expenses: $[amount]
• Lost wages: $[amount] ([X days] missed work)
• Vehicle loss/damage: $[amount]
• Rental car: $[amount]
Non-Economic Damages:
• Pain and suffering
• Loss of enjoyment of life
4. PUBLIC EMPLOYEES RESPONSIBLE:
Bus driver: [Name, if known], employee of [Transit Agency]
Bus number: [Number]
Route: [Route number/name]
Other responsible employees: [Transit Agency] employees responsible for driver training, supervision, vehicle maintenance, and safety.
5. AMOUNT CLAIMED:
$[amount] OR “exceeds $25,000”
6. SUPPORTING DOCUMENTATION:
• Photos of accident scene and vehicle damage
• Police report
• Witness statements
• Medical records and bills
• Vehicle repair estimate / total loss valuation
• Employer letter re: lost wages
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [Date] at [City, California].
_______________________________
[Signature]
[Printed Name]
Sample 3: Dangerous Condition at Public Park
CLAIM FOR DAMAGES
Pursuant to California Government Code §§ 900 et seq.
TO: [County of / City of] [Name]
[Claims official address]
FROM: [Parent Name], on behalf of [Minor Child Name], a minor
1. CLAIMANT INFORMATION:
Minor Claimant: [Child Full Name], DOB [date]
Parent/Guardian: [Your Name]
Address: [Address]
2. DATE, PLACE, AND CIRCUMSTANCES:
Date: [Date], approximately [time]
Location: [Park Name], [City/County], California, specifically at playground area near [landmarks]
Circumstances:
On [date], my [son/daughter] [Child Name], age [X], was playing on playground equipment at [Park Name], a public park owned and operated by [County/City].
[He/She] was using the swing set when the swing seat suddenly detached from the chain, causing [him/her] to fall approximately [6 feet] to the ground below.
Upon inspection after the incident, the swing attachment hardware was visibly corroded and had failed. The swing set showed signs of long-term neglect, including rust, deteriorated hardware, and lack of recent maintenance.
[Child] struck the ground [face-first / on left side], sustaining [injuries listed below]. Witnesses called 911 and [he/she] was transported by ambulance to [Hospital].
3. DESCRIPTION OF INJURY, LOSS, OR DAMAGE:
Injuries to [Child Name]:
• [Fractured left arm requiring cast]
• [Facial lacerations requiring stitches]
• [Concussion]
• [Dental damage – two teeth chipped]
Medical Treatment:
• Emergency room: $[amount]
• Orthopedic treatment and casting: $[amount]
• Dental repair: $[amount]
• Follow-up care: $[amount]
The injuries have caused [Child Name] significant pain, inability to participate in [sports/activities], and emotional trauma.
Economic Damages: $[medical total]
Non-Economic Damages: Pain, suffering, emotional distress, permanent scarring
4. PUBLIC EMPLOYEES RESPONSIBLE:
Employees of [County/City] Parks and Recreation Department responsible for playground inspection, maintenance, and ensuring safe equipment.
5. PRIOR NOTICE:
The deteriorated condition of this swing set was obvious and longstanding. Upon information and belief, [County/City] failed to conduct regular safety inspections as required by [state regulations / local policy].
[If available: Previous complaints about playground safety at this park were filed on [dates].]
6. AMOUNT CLAIMED:
$[amount] OR “exceeds $25,000”
7. SUPPORTING DOCUMENTATION:
• Photos of failed swing attachment and corroded hardware
• Photos of child’s injuries
• Medical records and bills
• Witness statements
• [Playground safety inspection standards – showing entity’s failure to meet standards]
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [Date] at [City, California].
_______________________________
[Parent Signature]
[Parent Printed Name]
Parent/Guardian of [Child Name], a minor
For Public Entities: Responding To Claims
Initial Receipt & Review
When a claim is received:
- Date-stamp immediately: Track receipt date for 45-day response deadline
- Log claim: Enter into claims management system
- Verify service: Was claim properly served per Gov. Code §§ 915-915.4?
- Notify insurance: Forward to risk pool, JPA, or liability insurer immediately
- Preserve evidence: Implement litigation hold for relevant documents, videos, maintenance records
45-Day Response Deadline (Gov. Code § 912.4)
Entity must act within 45 days of receipt:
| Option | When To Use |
|---|---|
| Allow claim (pay) | Rare – typically only for clear liability, small damages, and desire to avoid litigation costs |
| Compromise (settle) | Liability questionable, damages reasonable, settlement within authority/insurance limits |
| Reject claim | No liability, insufficient evidence, immunity applies, or strategic decision to force litigation |
| Do nothing | Not recommended – deemed rejection after 45 days but looks unprofessional and may waive defenses |
Evaluating The Claim
Threshold issues:
- Timeliness: Was claim filed within 6 months (PI) or 1 year (contract)? If late, was late-claim petition filed?
- Sufficiency: Does claim meet Gov. Code § 910 requirements (name, date, place, circumstances, amount)?
- Proper entity: Is your entity the correct defendant, or should claim be against another entity?
- Jurisdiction: Is this actually a claim for money damages subject to Claims Act, or something else (e.g., writ petition)?
Merits analysis:
- Dangerous condition elements: Does claimant have evidence of all four elements of § 835?
- Notice: Can claimant prove actual or constructive notice?
- Immunities: Design immunity? Natural condition? Discretionary act (Gov. Code § 820.2)?
- Comparative fault: Did claimant’s conduct contribute to injury?
- Trivial defect: Is alleged hazard truly dangerous or merely trivial?
Notice of Insufficiency (Gov. Code § 910.8)
If claim lacks required information:
- Entity may send written notice of insufficiency within 20 days
- Notice must specify what information is missing
- Claimant has 15 days to cure deficiency
- If not cured, claim may be rejected as insufficient
- Strategy: Use sparingly; often better to reject on merits than engage in procedural battles
Rejection Letters
Formal rejection should:
- State that claim is rejected
- Cite Gov. Code § 913 (rejection authority)
- Notify claimant of 6-month deadline to file lawsuit (Gov. Code § 945.6)
- Avoid detailed explanation of reasons (preserve litigation flexibility)
- Be signed by authorized official
Settlement Considerations
Settle when:
- Liability clear (video evidence, undisputed facts)
- Damages reasonable and within insurance/budget authority
- Plaintiff sympathetic (child, elderly, permanent injury)
- Litigation costs exceed settlement value
- Public relations concern (media attention, elected officials involved)
Litigate when:
- No liability (immunity applies, no notice, plaintiff caused own injury)
- Demand excessive (far beyond reasonable valuation)
- Fraudulent claim (fabricated injury, exaggerated damages)
- Precedent concern (similar claims pending, need court ruling on immunity issue)
Late-Claim Applications (Gov. Code § 911.4)
If claimant missed deadline and petitions for late-claim relief:
- Entity response: 45 days to grant or deny (Gov. Code § 911.6)
- Grounds for relief: Minority, incapacity, death, fraud, mistake (statute is restrictive)
- Consider granting if: Claimant was minor, had valid excuse, and slight delay (days/weeks not months)
- Deny if: Substantial delay (months), no valid excuse, or granting would prejudice entity (evidence lost, witnesses unavailable)
- If denied, claimant may petition court; court applies same restrictive standard
Post-Rejection Strategy
After rejecting claim:
- Monitor for lawsuit: Claimant has 6 months to file
- Continue investigation: Gather evidence, identify witnesses, obtain expert opinions
- Coordinate with insurer: Defense counsel assignment, coverage confirmation
- Prepare for litigation: If high-value claim, anticipate suit will be filed
Attorney Services for Government Claims
Injured By Public Entity? Facing Claims Act Deadline?
I represent individuals in personal injury and wrongful death claims against California public entities. I handle Government Claims Act filings, dangerous condition cases, and litigation against cities, counties, transit agencies, and state entities.
Services for Claimants
- Determine correct public entity and filing deadline (time-critical)
- Draft and file Gov. Code § 910-compliant claims before 6-month deadline
- Gather evidence: photos, public records requests, witness statements, expert reports
- File late-claim applications (Gov. Code § 911.4) if deadline missed
- Negotiate settlements with public entities and their insurers
- Litigate dangerous condition, vehicle accident, and wrongful death cases
- Handle both claim phase and subsequent litigation if claim rejected
Services for Public Entities
- Review incoming claims for timeliness, sufficiency, and jurisdictional defects
- Advise on 45-day response options (allow, compromise, reject)
- Draft rejection letters and notices of insufficiency
- Evaluate immunity defenses (design, discretionary, natural condition)
- Coordinate with JPAs, risk pools, and liability insurers
- Defend dangerous condition and public liability lawsuits
- Advise on late-claim petitions and court proceedings
Why Government Claims Experience Matters
Specialized Knowledge: Government claims involve unique procedural requirements, strict deadlines, and immunity defenses not present in ordinary tort cases. I have represented both claimants and public entities, giving me insight into how entities evaluate claims and what arguments succeed.
Common Case Types
- Dangerous condition: sidewalk trip-and-falls, pothole vehicle damage, park injuries
- Public transit accidents: bus crashes, platform falls, unsafe conditions
- Police misconduct: excessive force, false arrest (subject to immunities)
- Government vehicle collisions: city buses, police cars, fire trucks
- Public facility injuries: county hospitals, libraries, government buildings
- School liability: playground injuries, supervision failures, campus hazards
Fee Structures
- Government claim drafting: Flat fee ($1,000-$2,500 depending on complexity)
- Late-claim application: Flat fee ($1,500-$3,000) or hourly
- Litigation (claimant side): Contingency (33-40%) typical for personal injury
- Entity defense: Hourly billing; coordination with insurers/JPAs
Typical Timeline
| Stage | Timeline |
|---|---|
| Injury occurs | Day 0 |
| Deadline to file claim (PI) | 6 months from injury |
| Entity response deadline | 45 days from claim receipt |
| Deadline to file lawsuit | 6 months from rejection (or deemed rejection) |
| Late-claim petition deadline | Within 1 year of accrual (for PI) |
Case Results
- Sidewalk trip-and-fall (fractured hip, elderly plaintiff) – $350,000 settlement after claim rejection
- Bus accident (sudden stop causing passenger fall) – $180,000 settlement pre-litigation
- Dangerous park condition (child injury on defective equipment) – $225,000 settlement
- Late-claim petition granted (minor injured, parent unaware of 6-month deadline)
- Public entity defense: Multiple claims rejected based on design immunity and trivial defect
Schedule a Call
Book a call to discuss your government claim. If you’re a claimant, I’ll assess your deadline and evidence. If you’re a public entity, I’ll review the claim and recommend response strategy.
Contact Information
Email: owner@terms.law
Frequently Asked Questions
Probably not. The Claims Act requires a formal written claim that complies with Gov. Code § 910 (specific content requirements) and is served on the designated official per §§ 915-915.4. An informal letter to the mayor, city manager, or adjuster does not satisfy the statute. You must file a compliant claim with the correct official (usually city attorney or clerk). If your 6-month deadline is approaching or has passed, consult an attorney immediately about filing a proper claim or late-claim petition.
Missing the deadline generally bars your lawsuit. You can file a late-claim application (Gov. Code § 911.4) within 1 year of accrual, but success is not guaranteed. Grounds: minority, incapacity, death, mistake, excusable neglect. Courts strictly construe these exceptions. If entity denies your application, you can petition the superior court, but courts rarely grant relief absent compelling circumstances (e.g., you were a minor, hospitalized and unable to file, or entity misled you about deadline). Bottom line: File on time. Don’t rely on late-claim relief.
Yes. Failure to act within 45 days is deemed a rejection (Gov. Code § 912.4(c)). Once deemed rejected, you have 6 months to file lawsuit (§ 945.6). Practical tip: After 45 days pass, send a letter requesting written confirmation of deemed rejection (not required, but helpful for your records). Then proceed with lawsuit preparation. Many entities simply don’t respond because they plan to defend in court anyway; deemed rejection is strategically equivalent to formal rejection letter.
You must state either a specific amount or that the claim “exceeds $25,000” (to preserve superior court jurisdiction). Strategy: (1) If damages are clearly under $25k (minor injury, small property damage), state specific amount. (2) If significant injury or uncertain future damages, state “exceeds $25,000” to avoid limiting your later lawsuit. (3) Some attorneys state a high specific amount ($500k, $1M) to signal seriousness and preserve negotiation room. Warning: Lowballing your claim does NOT help settlement prospects and may limit your recovery if entity relies on the stated amount as cap. When in doubt, state “exceeds $25,000.”
Design immunity (Gov. Code § 830.6) protects public entities from liability if the dangerous condition resulted from a discretionary design approved by the entity. Example: City engineer designs road with particular curve radius; city council approves; later, car crashes on curve. Entity immune if: (1) design was approved before construction, (2) by authorized employee exercising discretion, and (3) condition conforms substantially to approved design. How to defeat: Show design was not actually approved by decision-making body (just implemented by low-level employee), OR condition changed after approval (e.g., vegetation now obscures signage that was visible when designed), OR lack of reasonable care in implementation. Design immunity is strong defense but not absolute.