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Do I Only Have 6 Months to Sue the Government in California?

By David Gammill · Last reviewed: August 24, 2026

Almost. In California, you have 6 months to present a written claim to the government entity, not to sue it. Government Code § 911.2 requires that written claim within 6 months of an injury caused by a public entity. The lawsuit comes later, on its own deadline. Miss the 6-month claim, and in most cases the lawsuit is barred before it ever starts.

Not sure how this law applies to your situation? Call Gammill Law at 310-750-4149 for a free consultation, or send us a message through our contact page.

What Exactly Is Due in 6 Months?

The 6-month deadline applies to a written claim, a document most people have never heard of until it is too late. Under Government Code § 911.2, a claim “relating to a cause of action for death or for injury to person” must be presented to the public entity not later than six months after the cause of action accrues, which usually means six months from the date of the injury. Our full explainer on California’s government claim deadline covers what the claim must contain and where it goes.

This applies to cities like Torrance, counties, the State of California, school districts, transit agencies, and other public entities. If a city truck hit you, a public bus injured you, or a dangerous condition of public property caused your crash or fall, this deadline is running.

How the Deadlines Stack Up

StepDeadlineStatute
Written claim to the public entity6 months from the injuryGov. Code § 911.2
Lawsuit after a written rejection6 months from the date the rejection notice is delivered or mailedGov. Code § 945.6(a)(1)
Lawsuit if no proper written rejection is given2 years from the injuryGov. Code § 945.6(a)(2)
Comparison: suing a private defendant2 years from the injuryCCP § 335.1
General rules shown; exceptions exist and are fact-specific.

What If the 6 Months Have Already Passed?

A late claim is not automatically a dead claim, but the path narrows fast. California allows a written application for leave to present a late claim, and it must be filed within a reasonable time, never more than one year after the injury, with a valid reason for the delay. Courts grant relief in limited circumstances, such as excusable mistake or the injured person being a minor. This is a rescue procedure, not a planning tool: no one should aim for it.

Why Government Cases Punish Delay Twice

Government cases carry the shortest deadline in California injury law and some of the heaviest proof burdens, such as showing a dangerous condition of public property under Government Code § 835. That proof depends on inspection records, maintenance logs, and prior complaints that must be requested early. In the South Bay, the responsible entity is not always obvious: the same stretch of road can involve the City of Torrance, Los Angeles County, or Caltrans, and the claim only protects you against the entity that actually receives it. Identifying every potentially responsible entity within the first weeks is part of doing the case right.

Legal References

  1. Cal. Gov. Code § 911.2. Six-month claim presentation deadline for injury and death claims.
  2. Cal. Gov. Code § 911.4. Application for leave to present a late claim.
  3. Cal. Gov. Code § 945.6. Deadlines to file suit after claim rejection.
  4. Cal. Gov. Code § 835. Dangerous condition of public property.
  5. Cal. Code Civ. Proc. § 335.1. Two-year statute of limitations against private defendants.

Think a Public Entity May Be Involved? Act on the Short Clock.

Six months disappears quickly when you are recovering from an injury. If a government vehicle, property, or employee may be part of your case in Torrance or the South Bay, get your free case evaluation or call 310-750-4149, and see our Torrance personal injury attorney page for how we handle these cases. There are no upfront legal fees; a fee is collected only if we win, under a written contingency fee agreement that complies with California law.

Disclaimer: This article is educational and informational in nature. It does not constitute legal advice for any specific situation, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and no result is guaranteed; consult a licensed California attorney about your own circumstances.

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