Statute of Limitations When Suing the City of Los Angeles: Don’t Miss the 6‑Month Deadline

Statute of Limitations When Suing the City of Los Angeles: Don’t Miss the 6‑Month Deadline

If you have been injured or your property has been damaged due to the negligence of a City of Los Angeles employee or a dangerous condition on public property, you have the right to seek compensation. However, suing a government entity like the City of Los Angeles is not like suing a private citizen or company. The process is governed by a strict set of rules and, most importantly, a very short deadline that can permanently bar your claim if you miss it.

At Walch Law, we have over 45 years of experience successfully navigating the complexities of the California Government Claims Act. We created this page to explain the critical deadlines and procedures you must follow to protect your rights. Understanding this process is the first step toward securing the justice and compensation you deserve. Do not hesitate to call us NOW. 1-844-999-5342

The Government Claims Act: Your First Hurdle

Before you can file a lawsuit against the City of Los Angeles or any of its departments—like the LAPD, LAFD, LADOT, or Parks and Rec—you must first present them with a formal administrative claim. This is a mandatory prerequisite under the California Government Claims Act (Gov. Code §§ 810–996.6).

This claim is not a lawsuit. It is a formal notice that puts the City on alert about your injury and gives them an opportunity to investigate and potentially settle the matter before it goes to court.

The Critical 6-Month Deadline

For most claims involving personal injury, wrongful death, or damage to personal property, the Government Claim form must be presented to the City of Los Angeles within six (6) months of the date of the incident.

This is not a suggestion; it is a strict, unforgiving deadline. If you fail to file your claim within this 180-day window, you will almost certainly lose your right to ever sue the City for your damages.

For other types of claims, such as those for breach of contract or certain types of property damage (to real property), the deadline is one year. However, for the vast majority of injury victims, the six-month rule applies.

How to File a Claim Against the City of Los Angeles

The claim must be filed correctly and with the proper entity. In Los Angeles, this is typically the City Clerk.

• What to Include: Your claim must contain specific information, including:
• • Your name and contact information.
  • The date, time, and location of the incident.
  • A clear description of what happened and how the City was at fault.
  • A description of your injuries and/or property damage.
  • The amount of damages you are claiming.
  • Any supporting evidence, such as photos, police reports, or witness information.
• How to File: The claim can be filed through the City Clerk’s online portal or by mailing or personally delivering the official claim form.

It is crucial to ensure you are filing with the correct public entity. An accident involving a Metro bus, for example, requires a claim against LA Metro, not the City of Los Angeles. Filing with the wrong entity will not protect your rights.

What Happens After You File the Claim?

Once your claim is properly presented, the City has 45 days to respond.

• If the City Denies Your Claim: The City will send a formal “Notice of Rejection.” From the date that notice is mailed or personally delivered, you have only six (6) months to file a lawsuit in court.
• If the City Does Not Respond: If you do not hear anything back within 45 days, your claim is considered “rejected by operation of law.” In this scenario, you have two (2) years from the date of the original incident to file your lawsuit.

While a two-year window may seem long, it is always best practice to act quickly after a rejection to ensure no deadlines are missed.

What if You Miss the 6-Month Deadline?

If you miss the initial six-month claim presentation deadline, you may have one last chance. You can file an “Application for Leave to Present a Late Claim” within a reasonable time, not to exceed one year from the date of the incident. To be successful, you must show that your failure to file on time was due to mistake, inadvertence, surprise, or excusable neglect.

If the City denies your application, your attorney can then petition the court for relief from the claim requirement. This is a difficult hurdle to overcome, making it imperative to act quickly from the very beginning.

Your Step-by-Step Checklist for a Government Claim

1. Seek Immediate Medical Care: Your health is the priority. This also creates a medical record linking your injuries to the incident.
2. Identify the Correct Government Entity: Determine exactly which agency and department is responsible (e.g., City of LA Department of Public Works, LADOT, etc.).
3. Gather All Evidence: Take photos of the scene, your injuries, and any property damage. Get the names and numbers of witnesses. Obtain a copy of the police or incident report.
4. Send Preservation Letters: Your attorney will send formal letters demanding the City preserve crucial evidence like video footage (dash cams, body cams, surveillance), sweep logs, and maintenance records before it is destroyed.
5. File the Government Claim Form Correctly and On Time: Ensure all information is accurate and that the claim is presented before the six-month deadline expires.
6. Do Not Give a Recorded Statement: Politely decline to speak with any investigators or adjusters from the City Attorney’s office until you have legal representation.
7. Consult the Best Los Angeles Government Claims Attorney: This is the most important step. An attorney can ensure all deadlines are met, the claim is filed correctly, and your rights are protected throughout the process. Whether the accident was a crash with a paramedic, getting hit by a city bus or a trip and fall on a LA sidewalk, you want to make sure your lawyer knows what they are doing and how to maximize your recovery.

Frequently Asked Questions About Suing a Government Entity for Personal Injury and Wrongful Death Lawsuits

1. Do the 6 months include weekends and holidays?
Yes. The six-month period is calculated as 180 calendar days. You should not wait until the last day to file.

2. What if I filed with the wrong department or public entity?
Filing with the wrong entity (e.g., filing with the County of Los Angeles for a City issue) will not protect your claim. You must file with the correct governing body within the deadline.

3. Can I still sue if I missed the claim deadline?
It is very difficult. While you can apply for leave to file a late claim, the chances of success are low. It is far better to meet the initial deadline.

4. Can I sue the City employee individually?
While you can name an individual employee in a lawsuit, the Government Claims Act generally protects public employees acting within the scope of their employment. The primary defendant is the public entity itself.

5. How long will a case against the City take?
Cases against public entities are often complex and can take longer than a standard personal injury case. However, many cases are resolved through settlement before a trial becomes necessary and are also worth a lot of money.

6. What damages can I recover?
You can seek compensation for all of your losses, including medical bills (past and future), lost wages, loss of earning capacity, property damage, and pain and suffering.

Don’t Let a Deadline Deny You Justice

Suing the City of Los Angeles is a complex legal battle with procedural traps that can easily derail a valid claim. The six-month government claim deadline is the most dangerous of these traps. You do not have to face this fight alone.

The experienced attorneys at Walch Law have been holding the City of Los Angeles accountable for decades. We know the law, we know the deadlines, and we know how to build a powerful case for maximum compensation. We handle all the paperwork and legal hurdles so you can focus on your recovery.

Contact us today for a free, no-obligation consultation. We handle all government claims on a contingency fee basis, meaning you pay nothing until we win your case.