Wrongful death claims against a city or countyA written claim comes first. We prepare it.

This page was checked against the statutes and the agencies' own claim pages on November 8 and 9, 2026. A lawyer prepares the claim so it names the people who need to be on it. In California, only the people named in Code of Civil Procedure section 377.60 can bring a wrongful death claim. They can file it themselves, or the personal representative of the estate can file it on their behalf. Our guide to who can file explains who they are. The main wrongful death page explains how a case begins, and our wrongful death deadline guide lists every other date.

The six month claim

If a public entity may be responsible, a written claim is due within six months after the claim accrues, usually the date of death (Government Code section 911.2), and the lawsuit deadline then follows Government Code section 945.6. Under section 945.4, no lawsuit for money damages may be brought against a public entity until a written claim has been presented and acted on, or deemed rejected.

"Accrues" means the day the claim starts to run. Section 901 uses the same date the ordinary deadline would use, and for the family's wrongful death claim that is usually the date of death.

The estate's own claim

A survival action is the claim the person who died could have brought if they had lived. It is brought by the personal representative of the estate or, if there is none, by the successor in interest. Against a public entity, that claim can accrue on the date of injury, which may be earlier than the date of death, so when a person survived for a time, count the six months from the injury to be safe. Except in qualifying elder or dependent adult abuse cases, a survival action filed on or after January 1, 2026 cannot recover damages for the pain, suffering, or disfigurement the person experienced before death. Law checked November 8, 2026. Our guide to survival actions explains what the estate can still recover.

Agencies that need a claim

The rule covers every public entity, which the Government Claims Act defines broadly: the State, the University of California and the California State University, counties, cities, districts, and other public authorities, agencies and corporations. For a Los Angeles family that can mean a city bus or truck, a county vehicle or road, a Metro bus or train, a state highway, a California Highway Patrol car, or a school bus.

None of the exceptions in Government Code section 905 covers an ordinary wrongful death claim. The exception for childhood sexual assault claims (section 905(m)), explained in our school sexual abuse deadline guide, is not a death exception.

Public entity liability

A public entity is responsible only where a statute makes it so (Government Code section 815). The statutes that matter in fatal cases include these:

• An employee's driving. An agency is liable for a death caused by its employee's negligent operation of a motor vehicle within the scope of the job (Vehicle Code section 17001).
• An employee's conduct. An agency is liable for an employee's act or omission within the scope of the job that would make the employee liable (Government Code section 815.2).
• A mandatory duty. An agency is liable for failing to carry out a duty required by law to protect against that kind of injury, unless it used reasonable diligence (section 815.6).
• Dangerous property. An agency can be liable for a dangerous condition of its property (section 835), explained next.

Immunities set by statute can limit each of these.

Dangerous public property

A road, a crosswalk, a signal or other public property can be a dangerous condition. The statute defines it as a condition that creates a substantial, not minor or trivial, risk of injury when the property is used with due care in a reasonably foreseeable way (Government Code section 830). Under section 835, the family must show that the property was dangerous at the time, that the danger caused the death, that the risk was reasonably foreseeable, and that either an employee created the condition or the agency knew or should have known about it in time to protect against it. Whether a particular road meets that test depends on the evidence, and no one can say until it is gathered.

Design immunity

Government Code section 830.6 gives design immunity for an injury caused by a plan or design approved in advance, where a reasonable public employee could have adopted it. In Cornette v. Department of Transportation (2001) 26 Cal.4th 63, the California Supreme Court explained that the immunity can be lost when changed physical conditions make the design dangerous, the agency has notice, and it has had a reasonable time to fix the problem or, if it cannot, has not reasonably tried to warn. In Tansavatdi v. City of Rancho Palos Verdes (Apr. 27, 2023), a case over a cyclist's death at a Los Angeles County intersection, the Court held that design immunity "does not categorically preclude failure to warn claims that involve a discretionarily approved element of a roadway." An agency can still owe a duty to warn of known dangers.

Contents of the claim

Government Code section 910 lists what the claim must show: the name and post office address of the person making the claim; the address for notices; the date, place and other circumstances of what happened; a general description of the injury or loss, as far as it is known; and the names of the public employees who caused it, if known. If the amount claimed is more than $10,000, "no dollar amount shall be included in the claim"; the claim says instead whether it would be a limited civil case. The claim is signed by the claimant or by someone acting on the claimant's behalf (section 910.2).

Some printed agency forms still have a line for an amount. A lawyer prepares the claim so it names the people who need to be on it and follows the statute, not only the form.

The correct recipient

The claim goes to the public entity whose employee, vehicle or property was involved. The recipient follows the agency involved, not the map. For a local agency, the claim is delivered to its clerk, secretary or auditor, or mailed to them or to its governing body at its principal office; an agency may also allow electronic filing by ordinance or resolution (Government Code section 915). Claims against the State go to the Department of General Services. A claim that reaches the wrong office counts only if the right office actually receives it in time.

A mailed claim "shall be deemed to have been presented and received at the time of the deposit" in the mail, and the statute allows proof of mailing (section 915.2). We present death claims in a way that leaves proof of the date.

Claim offices by agency

The State and Caltrans

Claims against the State are presented to the Department of General Services. Its Government Claims Program says that "Any person or business can file a government claim for damages believed to be caused by the State of California." It accepts online and paper claims and charges a $25 filing fee, which can be waived in some cases.

Caltrans takes claims directly only for $12,500 or less, and for claims over $12,500 its own page says "you must file a claim with the Government Claims Program." A death claim against Caltrans goes to the State's Government Claims Program at the Department of General Services.

City of Los Angeles

Claims against the City of Los Angeles are filed with the City Clerk. The Clerk accepts them through an online portal, by mail, or in person at City Hall, and says "Emailed or faxed claims are not accepted." The City Attorney's claims page warns that no other city, county or federal office can receive a claim seeking damages from the City, and adds, "This includes the City Attorney's Office." After the Clerk receives a claim, it issues a claim number, and the claim moves to the City Attorney's Office, where an investigator or adjuster is assigned. When a City department is involved, we confirm the recipient before presenting.

County of Los Angeles and Metro

A claim against the County of Los Angeles is presented by mail or delivery to the Executive Officer of the Board of Supervisors, Attention: Claims, at 500 West Temple Street in Los Angeles. The County's claims page says its claims unit does not give legal advice.

Metro has its own Claim for Damages form, linked from its contacts page in English and Spanish, and asks that it be mailed to its Office of Board Administration, Legal Services, at One Gateway Plaza. Metro's form counts six months "from the date of accident." The statute counts from accrual, which in a death case is usually the date of death, so count from the earlier date.

School districts

A school district is a local public entity, so a death involving a school bus, a campus or a district employee needs a claim like any other. The statute lets the claim be delivered to the district's clerk, secretary or auditor, or mailed to them or to the governing board at its principal office (Government Code section 915). We confirm the district's claims office and form directly with the district before a claim is presented. Our guide to the death of a child covers what else matters when a child dies.

Federal vehicles and employees

When a federal employee or vehicle may be responsible, the claim goes to the federal agency whose activities gave rise to it. The usual form is Standard Form 95, "Claim for Damage, Injury, or Death." Two federal rules differ from California's. The claim must state a sum certain, a specific dollar amount, and the form warns that leaving it out "will render your claim invalid." And it counts when the agency receives it, not when it is mailed. The claim is due within two years after it accrues (28 U.S.C. section 2401(b)), and our deadline guide explains the lawsuit that can follow.

After the claim is presented

The agency has 45 days to act on the claim. If it does not, the claim is deemed rejected on the last day of that period, and the time can be extended only by written agreement (Government Code section 912.4). A rejection notice must carry a warning that begins: "Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim" (section 913).

The lawsuit deadline

Under section 945.6, if the agency gives written notice under section 913, the lawsuit must be filed "not later than six months after the date such notice is personally delivered or deposited in the mail." If no written notice is given, the lawsuit is due "within two years from the accrual of the cause of action," which in a death case is usually the date of death. A quick rejection can leave a family far less than two years from the death, so the date on the notice matters.

A missed six months

If the six months have passed, a written application for leave to present a late claim may be made within a reasonable time, and no later than one year after the claim accrued (Government Code section 911.4). The entity has 45 days to decide (section 911.6). If it denies the application, a petition to the court must be filed within six months (section 946.6).

The application must give the reason for the delay and attach the proposed claim. The statute lists situations where it must be granted, such as mistake, inadvertence, surprise or excusable neglect that did not prejudice the agency. If a court grants relief, the lawsuit must be filed within 30 days. A late claim application within one year is an exception, not a second deadline. It is not granted automatically.

No punitive damages

A public entity is never liable for punitive damages, the damages meant to punish. Government Code section 818 bars "damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant." Our guide to damages and how they are divided explains what a wrongful death claim can include.

The family's other deadlines

Most California wrongful death lawsuits must be filed within two years of the date of death (Code of Civil Procedure section 335.1). If a city, a county, the State, a school district, a transit agency or another public entity may be responsible, the family must first present a written claim to that entity within six months after the claim accrues, which is usually the date of death (Government Code section 911.2). The lawsuit against the entity then has its own deadline: six months after a written rejection notice is delivered or mailed, or two years from the date the claim accrued if no written notice is given (Government Code section 945.6). Some cases have different periods, including a death caused by a health care provider's professional negligence (Code of Civil Procedure section 340.5) and a claim against the United States (28 U.S.C. section 2401(b)). The dates in any one case should be calculated by a lawyer.

A claim against the other driver, a vehicle owner, an employer or a company usually follows the ordinary two year deadline. Our deadline guide lists each deadline with its law and start date.

First steps for the family

It helps to keep a few things together: the death certificate, which shows the date of death; the collision report, which names the agency that investigated; photos of the scene, the vehicle or the road; and any bus number, vehicle markings or names of public workers. Keep every letter from any agency with its envelope. Our documents checklist says who holds each record, the first 48 hours covers what to do first, and the wrongful death glossary explains words like accrual and claimant.

Our guides to fatal pedestrian accidents, government and postal vehicle accidents and road defect claims cover the crash itself. When you are ready, call us. We identify the agency, prepare the claim, and present it with proof of the date.

Sources cited

• Government Code section 911.2: California Legislative Information
• Government Code section 910: California Legislative Information
• Government Code section 915.2: California Legislative Information
• Government Code section 945.6: California Legislative Information
• Government Code section 911.4: California Legislative Information
• Government Code section 835: California Legislative Information
• Government Code section 818: California Legislative Information
• Cornette v. Department of Transportation (2001) 26 Cal.4th 63: CourtListener
• Tansavatdi v. City of Rancho Palos Verdes (Cal. Apr. 27, 2023, S267453): California Courts
• Department of General Services, Government Claims Program, File a Government Claim: dgs.ca.gov
• Caltrans, Submit a Damage Claim: dot.ca.gov
• Los Angeles City Clerk, Claim for Damage: clerk.lacity.gov
• Los Angeles City Attorney, Claims: cityattorney.lacity.gov
• County of Los Angeles Board of Supervisors, Claims for Damages: bos.lacounty.gov
• Los Angeles County Metropolitan Transportation Authority, Contacts and Claim for Damages: metro.net
• U.S. General Services Administration, Standard Form 95, Claim for Damage, Injury, or Death: gsa.gov