Missed the 6-Month Deadline? How California’s Late-Claim Application Works Against Cities Like Los Angeles and Santa Monica
If you have been injured by the negligence of a public entity like the City of Los Angeles or Santa Monica, you are held to a strict legal deadline. The California Government Claims Act requires you to file a formal claim for personal injury or property damage within six months of the incident. If you miss this deadline, you lose your right to ever file a lawsuit and recover compensation.
However, the law recognizes that there can be valid reasons why a person might not meet this short deadline. In these limited situations, a procedure called a “Late-Claim Application” offers a potential second chance. At Walch Law, we have helped clients navigate this complex exception, but it is a narrow path that requires immediate action so do not hesitate in calling us now to get started. 1-844-999-5342
What Is a Late-Claim Application?
A Late-Claim Application is a formal request for permission to file your claim after the six-month deadline has passed. Under Government Code § 911.4, you must file this application with the correct public entity within a reasonable time, not to exceed one year from the date of your injury. If you are past the one-year mark, this option is no longer available.
To succeed, you must provide a valid reason for the delay. The law recognizes several grounds:
- Mistake, Inadvertence, Surprise, or Excusable Neglect: This is the most common reason, but “I didn’t know about the deadline” is usually not enough on its own. It must be a reasonable and justifiable mistake.
- Minority: The injured person was a minor (under 18) during the entire six-month period.
- Incapacity: The injured person was physically or mentally incapacitated and unable to file a claim.
- Death: The injured person died before the deadline expired.
The city will also consider whether allowing the late claim would cause them prejudice or harm their ability to investigate.
The Late-Claim Process: Two Critical Steps
Filing a late-claim application is a two-part legal process that must be followed precisely.
- The Application to the City: You must submit the application to the correct public entity (e.g., the Los Angeles City Clerk or Santa Monica City Clerk). This includes the proposed claim itself and a detailed declaration explaining why you were late. The city has 45 days to grant or deny your application. Most cities deny these applications as a matter of course.
- The Petition to the Court: If the city denies your application (or fails to respond within 45 days), you have six months from the date of denial to file a “Petition for Relief” with the court under Government Code § 946.6. A judge will then review your evidence and decide whether to grant you permission to proceed with your lawsuit.
You must prove to the judge that you have a valid excuse for the delay, that you acted with diligence once you discovered the deadline, and that your underlying case has potential merit.
Common Scenarios Where a Late Claim May Apply
- A car accident victim is hospitalized and in a coma for several months.
- A grieving family is emotionally overwhelmed after the wrongful death of a loved one and fails to seek legal advice in time.
- A minor is injured at a public park, and their parents are unaware of the strict claims deadline.
- A non-English speaking individual struggles to understand the complex legal requirements.
Do Not Delay: Act Immediately to Protect Your Rights
If you have missed the six-month deadline, the clock is ticking. You must act immediately to have any chance of preserving your claim.
- Gather evidence proving your reason for the delay, such as medical records showing incapacity or a timeline of events.
- Send preservation letters to the city demanding they save all evidence related to your injury.
- Do not speak with any investigators or adjusters from the city. They are not on your side.
Walch Law Can Help You File a Late-Claim Application
Navigating a late-claim application and petitioning the court is a technical legal process that should not be attempted alone. The attorneys at Walch Law can quickly assess your situation, prepare a compelling application on your behalf, and fight for your right to be heard in court.
If you missed the six-month deadline, don’t assume all hope is lost. Contact Walch Law today for a free, confidential consultation. We work on a contingency fee basis, so you pay nothing unless we win your case. Call now: 1-844-999-5342
