Suing the City of Los Angeles: Don’t Miss the 6-Month Deadline
If you’ve been injured or your property damaged due to the City of Los Angeles’s negligence or a dangerous public property condition, you have rights. However, suing a government entity differs significantly from suing a private party. The law imposes strict deadlines; missing them can permanently bar your claim.
At Walch Law, we have decades of experience holding public entities accountable. We created this guide to explain the most crucial rule for claims against the City of Los Angeles: the 6-month government claim deadline. Meeting this deadline is the essential first step toward justice. Call now to learn more.
The California Government Claims Act: Your First Step
Before suing the City of Los Angeles or any of its departments (LAPD, LAFD, LADOT, DWP, etc.), you must first submit a formal written claim to the City. The California Government Claims Act mandates this. Filing this claim is a mandatory step; failing to do so means you lose your right to sue.
Critical Deadlines You Can’t Afford to Miss
The Government Claims Act outlines two main deadlines for filing a claim:
– 6 Months: For personal injury, wrongful death, or property damage claims (e.g., car accidents with city vehicles, slip-and-falls on sidewalks, police misconduct). This is the most common deadline.
– 1 Year: For other claim types, such as breach of contract.
The clock begins on the date of your injury or property damage. This 6-month window is extremely short, and delaying can be fatal to your case.
After You File Your Claim
Once your claim is properly filed with the City Clerk, the City has 45 days to respond:
– **If Rejected in Writing:** The City sends a formal “Notice of Rejection.” You then have **6 months** from that notice’s date to file a civil lawsuit.
– **If No Response:** If you hear nothing within 45 days, your claim is “deemed rejected” by law on the 45th day. You then have **6 months** from that deemed rejection date to file your lawsuit.
Correctly calculating these lawsuit deadlines is crucial; missing them is as final as missing the initial 6-month claim deadline.
Common Claims Against the City of Los Angeles
Many everyday situations can lead to a claim against the City:
– Vehicle Accidents: Being hit by a city-owned vehicle, such as an LAPD cruiser, LAFD fire truck, or a DWP maintenance truck.
– Dangerous Public Property: Tripping and falling on a broken, raised, or uneven city sidewalk.
– Fallen Trees or Limbs: When a city-maintained tree causes injury or property damage.
– Dangerous Intersections: Accidents caused by poorly timed traffic signals, lack of proper signage, or obstructed visibility.
– Police Misconduct: Injuries resulting from excessive force, a high-speed police chase collision, or a false arrest.
– Unsafe Parks and Recreation Areas: Injuries caused by poorly maintained equipment or hazardous conditions at a city park or playground.
– Sewer Backups: Property damage caused by a failure in the city’s sanitation or water systems.
Checklist to Protect Your Claim
1. Seek Medical Care: Prioritize your health. See a doctor immediately for diagnosis and treatment.
2. Document Everything: Photograph and video the dangerous condition, your injuries, and any property damage.
3. Report the Incident: Call 911 or the relevant city department (like 311) to create an official record. Always obtain an incident or report number.
4. Identify the Correct Public Entity: Confirm your injury was caused by the City of Los Angeles, not another entity (e.g., LA County, Metro, Caltrans).
5. Meet the 6-Month Claim Deadline: This is vital. Work with an attorney to ensure your claim is filed correctly and on time.
6. Send Preservation Letters: Your lawyer will send legal notices demanding the City preserve key evidence (e.g., video footage, maintenance logs, employee records).
7. Do Not Give a Recorded Statement: City investigators or adjusters may seek a statement to harm your case. Politely decline and refer them to your lawyer.
8. Contact the Best Government Personal Injury Law Firm Immediately: The government claims process is complex. An attorney ensures all rules are followed and your rights are protected.
Government Defenses and Our Strategy
The City often employs powerful legal defenses to defeat claims, such as:
– Design Immunity: Arguing non-liability for injuries caused by an approved road or building design.
– Discretionary Immunity: Claiming protection from lawsuits regarding policy decisions made by public employees.
– Natural Condition Immunity: Asserting no responsibility for injuries from natural conditions on unimproved public land.
The best government lawsuit lawyer knows how to overcome these immunities. We can demonstrate that conditions have changed since a design’s approval, that maintenance was inadequate, or that the City knew of a dangerous condition but failed to warn the public.
FAQ’s about Suing The City of Los Angeles
1. Where do I file my claim against the City of Los Angeles?
Claims are typically filed with the Los Angeles City Clerk’s office. The City has an online portal, but ensuring the *content* of your claim meets all legal requirements is more important than the format used.
2. What if I missed the 6-month deadline?
The law allows for a “late-claim application” in very limited circumstances (e.g., you were physically incapacitated or a minor). However, these are rarely granted and should never be relied upon. You must act as if the 6-month deadline is absolute.
3. Do I need a specific form to file my claim?
While the City provides a form, you are not required to use it. A formal claim letter prepared by an attorney that includes all legally required information (your name/address, date/place of injury, description of events, damages, and employee names) is sufficient.
4. How long will my case take?
Government claims are complex and can take longer than standard injury cases. The initial claim process takes several months, and if a lawsuit is filed, it can take one to two years or more to resolve.
5. Will filing a claim against the City affect my public services or benefits?
No. It is illegal for the City to retaliate against you for exercising your legal right to file a claim for damages.
Don’t Forfeit Your Rights — Contact Walch Law Today
When injured by a government entity, you face a powerful opponent with vast legal resources. You cannot afford to make a mistake. The Walch Law team has over 45 years of experience successfully suing the City of Los Angeles and other public entities. We understand their deadlines, procedures, and tactics for denying responsibility.
If injured, contact us today for a free, confidential consultation. We will evaluate your case, explain your rights, and take immediate action to protect your claim. We handle all cases on a contingency fee basis; you pay nothing unless we win. 1-844-999-5342
