State Government Claims Act Notices

Pre-Suit Requirements for Tort Claims Against State & Local Government Entities

Government Tort Claims Overview
🏛️ What Is a Government Tort Claim: Before you can sue a government entity (state, county, city, school district, public agency), most states require you to first file an administrative claim. This is NOT a lawsuit - it's a prerequisite to filing suit. Miss this step, and your case is barred forever.
Why Government Claims Are Different

Government entities enjoy "sovereign immunity" - the traditional principle that "the king can do no wrong." Over time, states have waived immunity for certain torts, but with strict conditions:

  • Administrative claim required: You must file a claim with the government BEFORE suing
  • Short deadlines: Often 6 months or less (vs. 2+ years for private parties)
  • Specific content requirements: Claim must include particular information or it's void
  • Proper recipient: Must be filed with correct office/official
  • Damage caps: Many states limit damages against government
🚨 CRITICAL - Don't Miss This Step: If you fail to file a timely government claim, you CANNOT sue - ever. There is no extension, no excuse (in most states). This is a "jurisdictional prerequisite" that courts strictly enforce.
Types of Government Entities Covered
Entity Type Examples Typical Claims Process
State Government State agencies, DMV, state prisons, state universities, Caltrans File with State Controller or designated board
Counties Sheriff, county hospitals, social services, county roads File with County Clerk or Board of Supervisors
Cities Police, fire, city streets, parks, building departments File with City Clerk
School Districts Public schools, community colleges (some states) File with District Superintendent or Board
Special Districts Water districts, transit authorities, hospital districts File with District Secretary or designated official
Common Government Tort Claims
  • Dangerous roadway conditions: Potholes, missing signs, defective guardrails
  • Premises liability: Falls on government property (courts, libraries, parks)
  • Vehicle accidents: Collisions with government vehicles (police, buses, trucks)
  • Police misconduct: Excessive force, false arrest, civil rights violations
  • Medical malpractice: County hospitals, prison healthcare
  • School injuries: Playground accidents, sports injuries, bullying
  • Wrongful death: Any fatal injury caused by government negligence
State-by-State Requirements

🌴 California

Deadline: 6 months from accrual

Late claim: Up to 1 year (discretionary)

File with: Clerk of governing body

Statute: Gov. Code §§ 900-915.4

🗽 New York

Deadline: 90 days (notice of claim)

Late claim: Court may permit within 1 year

File with: Municipal attorney + comptroller

Statute: Gen. Mun. Law § 50-e

⭐ Texas

Deadline: 6 months

Late claim: No late claims

File with: Governing body

Statute: CPRC Chapter 101

☀️ Florida

Deadline: 3 years (but notice 180 days before suit)

Pre-suit notice: Required

File with: Agency head + DFS

Statute: § 768.28

🌵 Arizona

Deadline: 180 days

Late claim: Court may permit for good cause

File with: Person authorized to accept service

Statute: A.R.S. § 12-821.01

🏔️ Colorado

Deadline: 182 days

Late claim: No statutory provision

File with: Attorney General (state) or governing body

Statute: C.R.S. § 24-10-109

🌲 Washington

Deadline: 60 days before suit (state); varies for local

File with: Office of Risk Management (state)

Statute: RCW 4.92

🍑 Georgia

Deadline: 12 months (ante litem notice)

File with: Governing authority

Statute: O.C.G.A. § 36-33-5

⚠️ These Are General Guidelines: Requirements vary by entity type within each state. Always verify current requirements with the specific government entity or an attorney. Deadlines are strictly enforced.
Deadlines & Timing
Claim Filing Deadlines by State
State Standard Deadline Minors/Incapacitated Late Claim Possible?
California 6 months 6 months from 18th birthday Yes, within 1 year (discretionary)
New York 90 days Infancy tolls statute Yes, within 1 year (court permission)
Texas 6 months No special provision (represented by guardian) No
Florida 3 years (180-day pre-suit notice) Minority tolls for 7 years N/A (longer base period)
Illinois 1 year Extended to 18th birthday + 1 year Limited circumstances
Pennsylvania 6 months Extended during minority No
Ohio 2 years (same as private) Standard minority tolling N/A (no separate claim required)
When Does the Clock Start?

The claim period typically begins at "accrual" - when the injury occurred OR when you discovered (or should have discovered) the injury and its cause:

  • Car accidents: Date of collision
  • Slip and fall: Date of fall
  • Medical malpractice: Date of negligent treatment OR discovery of injury
  • Dangerous condition: Date of injury from condition
  • Continuing torts: May have multiple accrual dates
🚨 When In Doubt, File Early: If you're unsure when the clock started, file immediately. Filing too early is not a problem; filing too late is fatal to your case.
What Happens After Filing
  1. Claim filed: Government receives your administrative claim
  2. Investigation: Government has time to investigate (typically 45 days - 6 months)
  3. Response: Government may accept, reject, or let claim be "deemed rejected" by inaction
  4. Lawsuit: After rejection, you have limited time to file suit (often 6 months)
Sample Government Tort Claim
CLAIM AGAINST [CITY/COUNTY/STATE OF ____] TO: [City Clerk / County Clerk / State Controller] [Address] 1. CLAIMANT INFORMATION Name: [YOUR FULL LEGAL NAME] Address: [YOUR ADDRESS] Phone: [YOUR PHONE] Email: [YOUR EMAIL] 2. DATE, PLACE, AND CIRCUMSTANCES OF INCIDENT Date of Incident: [DATE] Time: [TIME] Location: [SPECIFIC ADDRESS/LOCATION] Description of Incident: On [DATE], at approximately [TIME], I was [describe what you were doing - e.g., "walking on the public sidewalk on Main Street"]. [Describe what happened]: [e.g., "The sidewalk had a raised section approximately 3 inches high where tree roots had displaced the concrete. There were no warning signs or barricades."] [Describe your injury]: [e.g., "I tripped on the raised concrete and fell forward, striking my head on the pavement and injuring my right knee and wrist."] 3. DESCRIPTION OF INJURY AND DAMAGES Physical Injuries: - [Injury #1, e.g., "Fractured right wrist requiring surgical repair"] - [Injury #2, e.g., "Traumatic brain injury / concussion"] - [Injury #3, e.g., "Torn meniscus in right knee"] Medical Treatment Received: - [Hospital name], Emergency Room, [DATE] - [Orthopedic surgeon], surgery [DATE] - [Physical therapy provider], ongoing Current Status: [e.g., "I continue to experience chronic pain and limited mobility. I am unable to work in my occupation as a [job title]."] 4. DAMAGES CLAIMED Medical expenses to date: $[AMOUNT] Estimated future medical expenses: $[AMOUNT] Lost wages to date: $[AMOUNT] Estimated future lost earnings: $[AMOUNT] Pain and suffering: $[AMOUNT] Property damage: $[AMOUNT] TOTAL DAMAGES CLAIMED: $[TOTAL] (If damages exceed jurisdictional limit, state: "Damages exceed $[limit] and claimant reserves the right to amend.") 5. NAME OF PUBLIC EMPLOYEE (IF KNOWN) [If you know the name of any government employee involved]: - [Name, title, department] [If unknown]: "Unknown - investigation continuing" 6. BASIS OF CLAIM This claim is based on the negligence of [GOVERNMENT ENTITY] in: - [e.g., "Failing to maintain public sidewalk in safe condition"] - [e.g., "Failing to warn of known dangerous condition"] - [e.g., "Creating a dangerous condition through negligent tree maintenance"] The dangerous condition existed for a sufficient time that [GOVERNMENT ENTITY] knew or should have known of the hazard. 7. WITNESSES (IF KNOWN) [Name, address, phone of any witnesses - or "None known"] Date: _______________ Signature: _________________________ [YOUR NAME], Claimant =================================================== VERIFICATION (if required by your state): I, [YOUR NAME], declare under penalty of perjury under the laws of the State of [STATE] that the foregoing is true and correct. Executed on [DATE] at [CITY], [STATE]. _________________________ [YOUR SIGNATURE]
📋 Filing Tips:
  • Make multiple copies - keep at least 2 for yourself
  • Send by certified mail, return receipt requested
  • Hand-deliver if deadline is imminent (get date-stamped receipt)
  • Take photos of the location/condition if still exists
  • Request incident reports from police/fire if applicable
Attorney Services
Injured by Government Negligence?

Government claims have strict deadlines and technical requirements. One mistake can bar your case forever. Get professional help to ensure your claim is properly filed.

Request Consultation
Why You Need an Attorney for Government Claims
  • Deadline calculation: Determining exact accrual date and filing deadline
  • Proper recipient: Identifying correct office/official to receive claim
  • Content requirements: Ensuring claim meets all statutory requirements
  • Damage caps: Understanding limits on recovery in your state
  • Late claim petitions: If deadline passed, pursuing relief if available
  • Suit after rejection: Filing lawsuit within post-rejection deadline
⏰ Time Is Critical: With deadlines as short as 90 days, you cannot afford to wait. Contact an attorney immediately after any injury involving government property, vehicles, or employees.

State Government Claims Acts — Pre-Suit Requirements for Suing the Government

Every state has some form of tort claims act or sovereign immunity statute governing lawsuits against state and local government entities. These laws typically require claimants to file an administrative notice or claim before filing a lawsuit, impose shorter deadlines than ordinary statutes of limitations, and may limit or cap certain damages. Failure to comply with these pre-suit requirements can bar your claim entirely, regardless of how strong the underlying case may be. Understanding your state's specific requirements—claim deadlines, required contents, where to file, and waiting periods—is essential for preserving your right to sue a government entity.

Common Elements of State Government Claims Acts

State-by-State Variations

Government claims requirements vary significantly by state. Some states (like California) have comprehensive tort claims acts with detailed procedural requirements. Others retain broader sovereign immunity with narrow exceptions. Filing deadlines range from 30 days to 2 years depending on the state and type of claim. Some states allow late claim applications if you have good cause for missing the deadline; others offer no relief. Damage caps vary from as low as $100,000 to several million dollars. Some states allow punitive damages against government employees but not the entity itself. Research your specific state's requirements carefully or consult an attorney familiar with government liability in your jurisdiction.

Types of Claims Against Government Entities

Filing Your Government Claim

Start by identifying the correct government entity responsible for your injury. City claims typically go to the city clerk; county claims to the county clerk or board of supervisors; state claims to the state's designated claims board or attorney general. Your claim should include: your name and contact information; the date, time, and location of the incident; a detailed description of what happened and how the government's negligence caused your injury; the names of any government employees involved (if known); and the amount of damages you're claiming. Keep proof of filing (certified mail receipt, filing stamp, or acknowledgment). If your claim is rejected or ignored, you typically have 6 months to file a lawsuit. Missing any of these deadlines can permanently bar your case.