Filing a Catastrophic Injury Lawsuit Against a Government Entity in California

Catastrophic injuries—such as paralysis, traumatic brain injuries, amputations, and severe burns—can permanently alter a person’s life. When these injuries are caused by the negligence of a government entity in California, victims face a unique legal process governed by the California Government Claims Act (CGCA). Unlike standard personal injury lawsuits, claims against public agencies require strict procedural compliance and shorter deadlines. This article explains how to file a catastrophic injury lawsuit against a government entity in California, who may be liable, and what victims need to know to protect their rights.

What Is a Catastrophic Injury?

A catastrophic injury is one that results in long-term or permanent disability, disfigurement, or loss of bodily function. Common examples include:

  • Spinal cord injuries resulting in paralysis
  • Traumatic brain injuries (TBI) affecting cognition or motor skills
  • Amputations caused by crush injuries or surgical removal
  • Severe burns requiring skin grafts and reconstructive surgery
  • Loss of vision or hearing due to trauma or chemical exposure

These injuries often require lifelong medical care, assistive devices, and home modifications—making compensation essential.

When Is a Government Entity Liable?

Under the California Government Claims Act (Gov. Code §§ 810–996.6), public entities may be held liable for injuries caused by:

  • Negligent maintenance of public property (e.g., unsafe sidewalks, parks, or buildings)
  • Vehicle accidents involving government-operated vehicles (e.g., city buses, fire trucks)
  • School district negligence (e.g., unsafe playgrounds or supervision failures)
  • Police misconduct or excessive force
  • Utility failures or explosions caused by public agencies

However, sovereign immunity protects government entities from many types of lawsuits—unless specific exceptions apply. Victims must follow a mandatory claims process before filing a lawsuit.

Step-by-Step Guide to Filing a Government Injury Claim

Step 1: File an Administrative Claim

Before suing a government entity, you must file a written claim with the agency responsible for the injury. This must be done within:

  • 6 months for personal injury, wrongful death, or property damage claims
  • 1 year for breach of contract or damage to real property

The claim must include:

  • Your name and contact information
  • Date, time, and location of the incident
  • Description of the injury and damages
  • Name of the public employee involved (if known)
  • Amount claimed (if under $10,000) or whether it’s a limited civil case

Submit the claim to the clerk or governing body of the agency. Some entities provide their own claim forms; others require you to draft one.

Step 2: Wait for the Agency’s Response

The government has 45 days to respond. It may:

  • Accept the claim and offer a settlement
  • Reject the claim
  • Fail to respond, which is treated as a rejection by default

If rejected, you have 6 months from the rejection date to file a lawsuit in civil court (Gov. Code § 945.6(a)(1)).

Step 3: File a Lawsuit in Civil Court

Once the claim is rejected, you may file a catastrophic injury lawsuit against the government entity. Your attorney will:

  • Draft a complaint outlining the facts and legal basis
  • Serve the complaint on the agency
  • Begin discovery and prepare for trial or settlement negotiations

If the agency failed to provide proper notice of rejection, you may have 2 years from the injury date to file suit (Gov. Code § 945.6(a)(2)).

Who Can Be Sued?

Depending on the circumstances, you may sue:

  • City or county governments (e.g., San Diego, Los Angeles)
  • School districts and public universities
  • Transit authorities (e.g., MTS, BART)
  • State agencies (e.g., Caltrans, DMV)
  • Public utilities
  • Police departments and officers (for excessive force or misconduct)

You may also sue individual employees if they acted negligently within the scope of their employment (Gov. Code § 815.2).

Damages Available in Catastrophic Injury Lawsuits

Victims may recover:

Economic Damages

  • Medical expenses (past and future)
  • Rehabilitation and assistive devices
  • Lost wages and earning capacity
  • Home modifications and caregiving costs

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium

Punitive Damages

Generally not available against government entities, but may apply to individual employees in cases of malice or oppression (Civil Code § 3294).

Real-Life Example

A pedestrian in Los Angeles suffered a spinal cord injury after tripping on a broken city sidewalk. The city had received prior complaints but failed to repair the hazard. The victim filed a claim under the CGCA, which was denied. A lawsuit followed, resulting in a $2.5 million settlement to cover medical care, lost income, and pain and suffering.

Why Legal Representation Matters

Government injury claims are complex and time-sensitive. An experienced California personal injury attorney can:

  • Ensure timely filing of claims and lawsuits
  • Identify all liable parties and insurance sources
  • Gather expert testimony and evidence
  • Negotiate with government attorneys
  • Maximize compensation for lifelong care

Most attorneys work on a contingency basis, meaning no upfront fees.

Final Thoughts

Filing a catastrophic injury lawsuit against a government entity in California requires strict adherence to the California Government Claims Act. From tight deadlines to sovereign immunity defenses, these cases demand precision and legal expertise. If you or a loved one has suffered a life-altering injury due to government negligence, act quickly and consult a qualified catastrophic accident attorney to preserve your rights and pursue the compensation you deserve.

References

  • California Government Code §§ 810–996.6. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.6.&title=1.&part=2.&chapter=1.&article=1
  • California Government Code § 911.2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=911.2
  • California Government Code § 945.6. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=945.6
  • California Civil Code § 3294. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3294
  • Nolo – Filing an Injury Claim Against the Government in California
  • Sacramento Superior Court – Government Claims Self-Help Guide
  • Taylor & Ring – Filing Civil Suits Against Government Entities in California
  • Injury Justice Law – California Tort Claims Act Guide
  • Fulginiti Law – Handling Catastrophic Injury Claims Against Government Entities