The written claim process comes before the lawsuit
If a city, county, state agency, school district, transit authority, or another California public entity may be responsible for your injury, Government Code § 911.2 generally requires presentation of a written claim within six months. This step is not the same as filing an insurance claim, incident report, complaint, or lawsuit. The correct entity must receive a legally sufficient claim through the required process.
Government Code § 945.4 generally prevents a suit for money or damages on a claim requiring presentation until the claim has been presented and acted upon or deemed rejected, subject to statutory exceptions. The entity's response can start another period for filing suit. You should track the submission method, delivery, and written response rather than assuming that ongoing agency communications preserve your rights.
Identifying the correct entity is part of the legal work
A public location may be owned, operated, designed, or maintained by different entities. A road can involve a city, county, Caltrans, a transit authority, or a private contractor. A school can involve a district rather than the city where it sits. Presenting a claim to the wrong office may not protect a claim against the entity that actually had responsibility.
Public employees and private contractors can also create separate paths. California law may make a public entity responsible for qualifying employee conduct within the scope of employment, while immunities or statutory exceptions may apply. A contractor may face ordinary negligence or product liability rules. Each defendant should be matched to the conduct, condition, or vehicle connected to your physical harm.
Dangerous public property requires defined elements
Government Code § 835 generally requires you to establish that public property was in a dangerous condition, that the condition proximately caused your injury, and that it created a reasonably foreseeable risk of the kind of injury that occurred. You also generally must show that a public employee created the condition or that the entity had legally sufficient actual or constructive notice and time to respond.
An uneven walkway, road design, missing barrier, public building condition, or malfunctioning feature does not automatically satisfy those elements. The condition must be evaluated in light of reasonably foreseeable use and the surrounding circumstances. Design immunity, trail immunity, recreational immunities, and other statutory protections may affect particular claims. This broader page does not assume that every public hazard overcomes those defenses.
Late-claim relief is limited and time-sensitive
If six months has passed, California law may allow an application for leave to present a late claim in certain situations. The grounds, outside limits, entity response, and possible court petition are governed by statute. Relief is not automatic, and waiting longer can remove options. You should not rely on minority, incapacity, lack of awareness, or an agency investigation without confirming how the statutes apply.
A public-entity claim can exist alongside a claim against a private driver, contractor, manufacturer, or property operator. Those private claims may follow the general two-year rule under Code of Civil Procedure § 335.1, subject to exceptions, while the government process moves sooner. Treat each path separately so a private negotiation does not cause you to miss the public claim deadline.