California Tort Claims Act – Guide to Suing the State

The California Tort Claims Act allows individuals to sue the state government in limited circumstances, such as premises liability cases in which the government had prior notice of the dangerous condition where an individual was hurt. Cutter Law can help you file a lawsuit against the government if you or a loved one has been harmed by government negligence in California.

Key Takeaways

The CTCA governs lawsuits against the California government for personal injury, wrongful death, and property damage.
The CTCA allows individuals to file lawsuits against the government for certain types of cases.
To file a claim under the CTCA, one must provide timely notice, which includes detailed information such as the claimant’s name, address, and description of the incident and loss.
There’s a six-month deadline for filing a claim from the event causing injury.
Hiring an experienced attorney is recommended for handling CTCA claims.

The California Tort Claims Act, known as the CTCA, regulates who can file lawsuits against the California government. It also states when and how people can file lawsuits against the government for personal injury, wrongful death, and property damage.

If you were injured by government negligence in California, Cutter Law’s compassionate and knowledgeable lawyers can help. We’ll analyze your case to determine whether you can file a lawsuit under the CTCA. If you are eligible, we’ll walk you through how to file a tort claim in California, help you gather and preserve evidence, negotiate with the government’s lawyers, and fight for your rights in court, if needed.

Quicklinks

What is the California Tort Claims Act?
Can I Sue the Government Under the CTCA?
Examples of Government Tort Claims
How To File a Claim Under the CTCA
What is the time limit for filing a claim under the California Tort Claims Act?
Should I Hire an Attorney To Handle My Claim Under the California Tort Claims Act?
Why Choose Cutter Law

What is the California Tort Claims Act?

The California Legislature enacted the CTCA to shield the state government and its employees from liability—a concept commonly called sovereign immunity.

Under the CTCA, public entities and employees are generally not liable for the injuries they cause. However, the Act allows personal injury victims to hold the government liable under certain circumstances. For example, victims may file premises liability lawsuits against the state government when the government knew or should have known about the dangerous condition.

Government entities covered by the CTCA include the following:

California school districts
The California State University, Regents of the University of California, and the Trustees of the California State University
Government agencies such as the California Department of General Services and the California Gambling Control Commission
Counties, cities, districts, public authorities, public agencies, and any other political subdivisions
Government departments such as the California Department of Education

Can I Sue the Government Under the CTCA?

The CTCA allows injured people to file lawsuits against the government for the following case types:

Government employees’ negligent acts
Independent contractors’ negligent acts
When people suffer harm or injuries due to the government’s failure to carry out a legal duty
Premises liability for hazardous conditions on government property

Note, however, that the Act does not allow claims for reasons other than the ones listed above. Prohibited claims include lawsuits filed against the government for the following:

Injuries caused by the government’s failure to pass or enforce an ordinance, regulation, or law
Injuries caused by the California National Guard
Injuries caused by the government’s failure to issue any certificate, permit, license, or other governmental authorization
Damages caused by reporting identifying information of convicted drug offenders to schools

Additionally, the CTCA does not generally allow punitive damages in claims against the government.

Most importantly, while the CTCA allows for the filing of some claims against the government, the law imposes very strict filing procedures for those claims.

Examples of Government Tort Claims

Here is a comprehensive list of government tort claims you can file against the State of California under the CTCA:

Injuries at school: The government is responsible for keeping public schools safe. You can sue the state if your child suffered injuries caused by dangerous equipment and lack of supervision.
Incidents caused by dangerous roadways: The government is responsible for keeping roads safe for pedestrians, cyclists, and motorists. Therefore, you may file a government tort claim for a fall on a dangerous sidewalk or bicycle accident caused by potholes.
Premises liability: If a government-owned or controlled property, such as a public building or park, has dangerous conditions that cause harm to people, the victims may hold the government entity accountable. For instance, if someone was injured in a fall because the government failed to install proper guardrails on a staircase in a public building, the victim may file a lawsuit against the government.
Negligent supervision of employees: If a government entity fails to supervise its employees properly, leading to harm and injuries to others, victims may hold the government responsible for negligent supervision. For instance, if a public school teacher assaults a student, the student and their parents may hold the school district responsible under the CTCA.

If you or a loved one have been harmed by the negligence of a government agency or entity, contact Cutter Law. Our experienced attorneys can evaluate your case to determine whether you can file a tort claim against the California government. If you are eligible, we will handle all your paperwork and negotiation. As a result, you can focus on recovering and getting your life back together.

How To File a Claim Under the CTCA

To file a CTCA claim against the State of California, a municipal government agency, or a county government, the injured victim must give timely notice of their claim. Such notice usually includes sending a letter or filing a report that fulfills all notice requirements. However, some municipalities and agencies have claim forms that victims can use to provide notice of their claims.

After giving notice, the person seeking to file a CTCA lawsuit must file a claim that includes the following:

The claimant’s name and post office address
The post office address to which the claimant wants notice sent
The place, date, and other circumstances of the event that gave rise to the claim
A description of the loss or damage incurred by the claimant
The names of the public employees causing the damage, injury, or loss if known
The amount of damages claimed

If less than $10,000 in damages is claimed, the claim must provide a breakdown of how the amount was calculated. If the amount claimed exceeds $10,000, the claimant does not need to include a dollar amount. However, the claimant must indicate whether the claim is a limited civil case involving $25,000 or less.

Failure to include all of the required information can invalidate a claim.

What is the time limit for filing a claim under the California Tort Claims Act?

The CTCA requires a claim against a government entity to be filed within six months of the event causing the injury or loss. In limited situations, the clock may not begin until the injured person discovers or should have discovered the injury.

The filing of the claim is a separate process from filing a lawsuit. The public entity generally has 45 days to respond to the claim. If the entity takes no action or denies some part of the claim, the injured party may officially file a lawsuit. The timeframe for filing suit depends on the entity’s response.

If the entity denies all or part of the claim, the injured party has six months from the denial to file a lawsuit. If the entity takes no action, the injured party must file suit within California’s two-year personal injury statute of limitations.

Failure to meet these deadlines will cost you your chance at recovering financial compensation from the government. An experienced Cutter Law personal injury lawyer can help you file your case before the CTCA deadlines.

Should I Hire an Attorney To Handle My Claim Under the California Tort Claims Act?

Although you can file a claim under the CTCA by yourself, it is best to hire an experienced attorney to handle it. A savvy and reliable personal injury lawyer can:

Determine whether you can file a claim under the CTCA: Self-represented plaintiffs often misinterpret the CTCA. They may miss the strict notice requirements and claim deadlines. The right personal injury lawyer can thoroughly analyze your case to determine whether you can file a lawsuit. If you are eligible, your lawyer can explain how to sue the State of California and how to file a tort claim in California.
File your claim: An experienced personal injury lawyer can help you give proper notice of your claim to the government. They will ensure you use the proper form and include all necessary information. They will also help file your claim before the CTCA’s six-month deadline.
Preserve and gather evidence: A skilled personal injury lawyer can also help preserve and gather evidence for your claim. For example, they can help you organize medical reports, take videos or photographs of the accident scene, and interview witnesses.
Negotiate with the other parties’ lawyers: Your attorney will negotiate with the opposition to secure maximum compensation in a settlement.
Fight for your rights in court: If the government refuses to grant an appropriate settlement, your lawyer can take your case to court.

Why Choose Cutter Law

The State of California is responsible for keeping people safe, but when it doesn’t, Cutter Law can get you the compensation you deserve.

If you or a loved one has been injured by government negligence in California, contact Cutter Law’s offices in Oakland, Sacramento, and Santa Rosa.

Our attorneys have over 130 years of combined legal experience. We have sought and obtained hundreds of millions of dollars for injured clients and their loved ones, including a $1.895 million award for a cyclist who suffered injuries due to the government’s failure to repair a large pothole.

Fill in this form today to book a free consultation with Cutter Law.