Filing a personal injury claim against a government entity—whether it’s a city, county, state, or federal agency—is a more complex and time-sensitive process than suing a private party. These cases follow special procedural rules, and the deadlines for notifying the government are often much shorter than standard statutes of limitations.

Why Are Government Injury Claims Different?

When you’re injured due to the negligence of a government employee, agency, or public facility—such as a slip-and-fall on municipal property, a collision with a government vehicle, or a mishandled police action—you’re not just filing a personal injury lawsuit. You’re triggering special legal protections under a doctrine called sovereign immunity, which historically protected governments from being sued at all.

While most jurisdictions have waived this immunity to some extent, they’ve done so conditionally—by imposing strict procedural requirements, including abbreviated time limits and mandatory pre-lawsuit notices.

The Role of the “Notice of Claim”

Before filing a lawsuit, most jurisdictions require a Notice of Claim: a formal written notification to the government agency informing them of the incident, the injuries sustained, the alleged negligence, and the amount of compensation sought.

This notice must be filed within a short time—typically ranging from 30 to 180 days from the date of the injury. If you miss this deadline, your claim is usually barred, even if you still have time under the general statute of limitations.

Key Elements in a Notice of Claim:

• Your name and contact information
• Date, location, and description of the incident
• A description of your injuries
• The factual basis for your claim
• The damages you are seeking
• Signature and date

State-Specific Deadlines for Government Injury Claims

California

• Notice of Claim: 6 months from the date of injury
• Response Time: Government has 45 days to respond
• Lawsuit Filing: If denied, you have 6 months from the denial to sue

New York

• Notice of Claim: 90 days from the incident
• Applies To: State, city, county, and public authorities (like the MTA)
• Lawsuit Deadline: Must file suit within 1 year and 90 days of the incident

Texas

• Notice of Claim: 6 months (some cities/counties impose 30–90 day limits)
• Requirements: Must describe incident, time, place, and damages
• Lawsuit Deadline: 2 years, same as general personal injury, but only if notice was timely

Florida

• Notice of Claim: 3 years for state/local (within 2 years for wrongful death)
• Special Rule: Written notice to Department of Financial Services and agency involved
• Lawsuit Wait Time: Cannot file suit for at least 180 days after notice

Illinois

• Notice of Claim: 1 year for the Court of Claims (state-level), but local entities may require notice in as little as 6 months
• Statute of Limitations: 2 years, but only if notice is filed timely

Arizona

• Notice of Claim: 180 days from the date of injury
• Lawsuit Deadline: 1 year from the date of the injury
• Strict Compliance: Courts enforce exact deadlines and format requirements

Pennsylvania

• Notice of Claim: 6 months for state and local government entities
• Special Limitation: Governmental immunity applies unless negligence fits within listed exceptions (e.g., vehicle liability, real property defects)

What Types of Cases Require Government Claim Filing?

You must usually file a government claim if your injury involved:

• Public transportation accidents (buses, trains, etc.)
• Dangerous public sidewalks, roads, or buildings
• Police misconduct or excessive force
• Medical malpractice at public hospitals
• Negligence by a city worker (e.g., sanitation, fire department, street repair crews)
• Accidents in public schools or parks
• Car accidents involving a government vehicle

Federal Tort Claims Act (FTCA): Suing the U.S. Government

For injuries caused by federal employees (e.g., U.S. Postal Service, VA hospitals, FBI agents), claims fall under the Federal Tort Claims Act (FTCA).

Federal Deadlines:

• Administrative Claim: Must be filed within 2 years of the injury
• Form: Standard Form 95 submitted to the relevant agency
• Response Time: Government has 6 months to respond
• Lawsuit Deadline: If denied, you must file suit within 6 months of the denial

FTCA claims must be filed first with the federal agency before proceeding to court. Failure to follow this administrative process results in automatic dismissal.

What Happens If You Miss the Deadline?

Missing a government claim deadline usually means:

• You cannot file a lawsuit—even if you’re within the general personal injury statute of limitations
• The court will dismiss your case with prejudice, meaning you cannot refile
• There are very few exceptions (e.g., mental incompetence, military service), and most courts enforce the deadlines strictly

Tips for Preserving Your Rights

1. Act Fast: Don’t wait to investigate or gather records—deadlines are often under 6 months
2. Hire Legal Counsel Early: Government claims require precision; errors in filing can be fatal to your case
3. Document Everything: Photos, witness names, medical reports, and copies of your notice of claim
4. Use Certified Mail: Always send notices via certified mail with return receipt requested to prove delivery
5. Track Responses: Once the government responds, you may face new, shorter deadlines to proceed