California’s tort claim rules can be a trap for the unwary. At precisely the time when injured persons, particularly those who suffer significant physical injuries, are consumed by urgent medical, employment, or caretaking issues, a very short and not very well-known six-month deadline is running on their claims. Although personal injury claimants generally have two years to file a lawsuit for money or damages against a private tortfeasor, the California Tort Claims Act significantly shortens this period for those harmed by state or local entities. The CTCA requires claimants to file claims with the state or public entity before going to court and to do so usually within six months, depending on the nature of the claim.
The stated purpose of the CTCA is to give public entities early notice of potentially dangerous conditions, to permit the public entity to investigate claims when there is fresh evidence, to foster early settlement of claims before costly litigation, and to apprise entities about budgetary planning issues they may encounter as a result of their legal liability. Shirk v. Vista Unified School Dist ., (2007) 42 Cal.4th 201, 213; Westcon Const. Corp v. County of Sacramento, (2007) 152 Cal.App.4th 183, 200-201. Because the CTCA requirements are not well-known, however, the statutory goals often are not met. Instead, claims are simply timed out because even the most diligent claimants often are completely unaware of the claims process, unable to find the necessary claims forms even when they search for them, and harbor the mistaken belief that they have at least a year or more to start any official process or suit.
