A claim against a government entity runs on a much shorter clock than an ordinary injury claim. Most governments require a formal notice of claim — often within 60 days to 1 year of the injury — and if you miss that notice, your case can be barred even when the normal statute of limitations still has years left. The notice deadline, not the standard statute of limitations, is what usually ends these cases.
If a city, county, state, or federal agency caused your injury, you generally cannot go straight to court. First you must file an administrative notice of claim with the correct government body, usually within 60 days to 1 year of the injury — far shorter than the 2-to-3-year deadline for an ordinary claim. Only after the agency denies the claim (or a waiting period passes) can you file a lawsuit, which carries its own separate deadline. Miss the notice window and the claim is typically barred no matter how strong it is.
Government-injury cases have two deadlines, not one, and people lose by watching the wrong one:
• The notice-of-claim deadline — a short window (often 60 days to 1 year) to formally notify the agency in writing that you intend to make a claim.
• The lawsuit deadline — the time to actually file suit, which usually begins only after the agency denies your claim or a waiting period ends.
Many people assume they have the standard two or three years, when in reality the notice deadline may have expired just months after the injury.
Representative examples. Notice windows vary by state and even by city charter, and can be as short as 30–90 days.
| Government defendant | Notice of claim due | Lawsuit deadline |
|---|---|---|
| California (state or local) | 6 months from injury | 6 months after the claim is denied |
| New York City | 90 days from injury | 1 year and 90 days from injury |
| Texas (state agency) | 6 months from injury (some cities shorter) | 2 years from injury |
| Federal agency (FTCA) | 2 years from injury (administrative claim) | 6 months after the agency denies the claim |
If any government body may be at fault, confirm the exact deadline immediately — the short notice clock starts on the date of injury.
Government liability comes up more often than people expect. Common examples include a city or transit bus or government-owned vehicle; a pothole, defective sidewalk, or dangerous road maintained by a public agency; an injury at a public school, park, or government building; malpractice at a public (government-run) hospital or federally funded clinic; and negligence by a police officer, firefighter, or other government employee acting on the job. If a public entity or employee may be responsible, treat the deadline as the short government one until an attorney confirms otherwise.
Missing the notice of claim is usually fatal to the case. The government raises the missed notice, and courts routinely dismiss — often years before the ordinary statute of limitations would have run, and regardless of how serious the injury is. A narrow set of exceptions (for injured minors, for injuries that could not reasonably have been discovered, or where the agency was not prejudiced) exists in some states, but they are hard to invoke and should never be relied on. The only safe move is to file the notice early.
For ordinary, non-government claims, see our full guide: How long do I have to file a personal injury claim?
Most governments require a formal notice of claim within 60 days to 1 year of the injury — far shorter than the 2 to 3 years allowed for an ordinary personal injury claim. The exact window depends on which government is involved and can vary by city. Federal claims under the Federal Tort Claims Act allow 2 years to file the administrative claim. Confirm your jurisdiction's deadline immediately.
A notice of claim is a formal written notice you must file with the responsible government agency before you can sue it, stating who was injured, how and when it happened, and what compensation you seek. It is a prerequisite to a lawsuit against most government bodies, and missing its deadline usually bars the case.
Yes. Government-injury cases run on two clocks: a short notice-of-claim deadline (often 60 days to 1 year) and a separate lawsuit deadline. The notice deadline is usually the one that ends these cases, because it can expire long before the ordinary statute of limitations would.
The claim is typically barred. Courts routinely dismiss late government claims regardless of how serious the injury is. Limited exceptions exist in some states, but they are hard to invoke, so filing the notice early is the only reliable protection.
Under the Federal Tort Claims Act you must file an administrative claim within 2 years of the injury. If the agency denies the claim, you then have 6 months to file suit in federal court.
Government-claim deadlines can expire in as little as a few months. A free, no-obligation review confirms the exact deadline that applies to you and whether your claim is worth pursuing. It costs nothing to ask.
California notice of claim: Cal. Gov. Code § 911.2. New York: N.Y. Gen. Mun. Law §§ 50-e (90-day notice) and 50-i (1 year 90 days to sue). Texas: Tex. Civ. Prac. & Rem. Code § 101.101 (notice) with many cities imposing shorter charter deadlines. Federal: 28 U.S.C. § 2401(b) — Federal Tort Claims Act (2-year administrative claim, 6 months to sue after denial). Rules change and vary by entity; confirm with a licensed attorney in your jurisdiction.