Accidents don’t always happen because of another driver’s reckless behavior. In California cities like Los Angeles, dangerous road conditions—such as potholes, uneven pavement, or poorly maintained infrastructure—can also cause serious crashes. When this happens, many people wonder: how can I sue the city for the damages caused by its negligence?
You can find the answers to those and other related questions in this original article by Megeredchian Law. If you or a loved one have already suffered an accident in Los Angeles or any other city in California, call Megeredchian Law at (866) 359-0807. Schedule a free consultation and let our experts evaluate your case.
Understanding California’s Government Claims Act
California cities and other public entities are generally protected by a legal principle called sovereign immunity. This means that, by default, government agencies cannot be sued. However, California has waived this immunity in certain circumstances under the Government Claims Act (Gov. Code §§ 810–996.6).
This law allows lawsuits against cities, counties, or state agencies when:
- A dangerous condition of public property causes an accident (potholes, broken traffic signals, unsafe sidewalks).
- A government employee acts negligently while performing official duties (for example, a city bus driver causing a collision).
If your accident falls into one of these categories, you may have the right to bring a claim—but only if you first complete the administrative process required by law.
Filing an Administrative Claim Against the City
The Six-Month Deadline
For most personal injury and wrongful death cases, you must file a written claim with the city within six months of the accident date. Certain property damage cases allow up to one year, but injury cases almost always fall under the shorter six-month limit.
What to Include in the Claim
The law requires you to provide:
- Your name and mailing address.
- The date, location, and circumstances of the accident.
- A description of your injuries and damages.
- The exact amount of compensation sought if under $10,000 (if more, state whether it belongs in limited or unlimited jurisdiction court).
Although not legally mandatory, it’s wise to attach photos, witness statements, police reports, and medical bills to strengthen your claim.
Serving the Claim
You must submit the claim to the proper city office—usually the city clerk or designated risk management department. Always use certified mail with a return receipt requested or delivered in person to ensure proof that the claim was received.
The City’s Response Timeline
After you submit your claim, the city has 45 days to respond. During this time, the city may:
- Approve the claim and offer to pay damages.
- Deny the claim in writing.
- Fail to respond within 45 days, which counts as an automatic rejection.
If denied, you will receive a letter explaining the decision. If ignored, the law treats the silence as rejection after the 45-day period ends.
Filing a Lawsuit in Court
If your claim is denied or automatically rejected, you then have six months from the date of denial (or the 45-day deadline) to file a lawsuit in California civil court.
At this stage, you must be prepared to present evidence of the city’s negligence and prove that the dangerous condition or employee negligence directly caused your injuries. Failing to file within this six-month lawsuit window usually ends your case permanently.
Common Examples of Claims Against a City
People often associate suing the city with car accidents caused by potholes or faulty traffic signals, but claims can cover a wide range of incidents, including:
- Car accidents caused by unsafe road conditions or poorly maintained traffic controls.
- Pedestrian injuries from cracked or uneven sidewalks, broken crosswalk signals, or poorly lit intersections.
- Collisions with city vehicles, such as garbage trucks, fire department vehicles, or buses.
- Slip and fall injuries on government property, which follow similar rules to private property cases and are often handled by experienced premises liability attorneys.
Each case depends on proving that the city knew or should have known about the dangerous condition and failed to fix it within a reasonable time.
What Happens if a Fatal Accident Is the City’s Fault?
If a fatal accident is the city’s fault, the victim’s surviving family members may have the right to pursue a wrongful death claim under California law. These cases often arise when a city fails to repair dangerous road conditions, neglects to maintain sidewalks or crosswalks, or when a city employee—such as a bus or maintenance driver—acts negligently while on duty.
However, unlike ordinary lawsuits against private parties, families must first comply with the California Government Claims Act, which requires filing a claim within six months of the accident before bringing the case to court. Missing this deadline can bar the family from recovering compensation.
If the claim is properly filed and later denied or ignored, the family then has six months to file a lawsuit in civil court. Through a wrongful death case, surviving relatives may seek damages for funeral and burial expenses, loss of financial support, and the loss of companionship and care provided by their loved one.
These cases are highly complex because cities often deny liability and rely on legal protections such as sovereign immunity. For this reason, families should work with wrongful death attorneys with experience in both wrongful death and government claims to ensure their rights are protected and the city is held accountable.
Why You Need a Lawyer for Claims Against a City
Government claims are full of technical requirements and short deadlines that most people are unaware of. A lawyer can:
- Ensure your administrative claim is filed correctly and on time.
- Collect evidence to prove the city’s liability.
- Negotiate with city representatives during the claim process.
- File your lawsuit in court if the city rejects your claim.
Because cities often fight hard to avoid paying compensation, having an experienced personal injury attorney on your side can make the difference between a denied claim and a successful settlement or verdict.
What Compensation Can You Claim from the City?
When you bring a successful claim against a California city, the compensation you may recover is similar to what is available in other personal injury cases.
Victims can pursue economic damages, which cover measurable financial losses such as medical expenses, hospital bills, rehabilitation costs, lost income, and property damage. For example, if your car was damaged in a crash caused by a pothole or you missed weeks of work due to injuries, those costs can be claimed from the city.
In addition, you may also seek non-economic damages to account for the impact the accident has on your life. These include pain and suffering, emotional distress, loss of enjoyment of daily activities, or the effect of permanent disability. In wrongful death cases, families can claim funeral expenses and the loss of financial and emotional support.
Ready to take the next step into obtaining justice? Call Megeredchian Law at (866) 359-0807.