You just lost a family member to a police shooting. Or a loved one died in a California jail. You are grieving. You are trying to understand what happened. The last thing on your mind is a legal filing deadline.

But there is a deadline — and it is one of the most unforgiving rules in California law. If you miss it, you may lose your right to sue the government entirely, regardless of how strong your case is.

This article explains the California Government Tort Claim requirement, why it matters, and what families need to do to protect their legal rights.

What Is a Government Tort Claim?

In most lawsuits, you file a complaint with the court and the case begins. Lawsuits against government entities — including city police departments, county sheriff’s departments, county jails, and other public agencies — work differently in California.

Before you can file a lawsuit against a California government entity, you must first present a written claim directly to that entity under the California Government Claims Act (Government Code § 810 et seq.). This is called a Government Tort Claim or Government Claim.

The claim is essentially a formal notice to the government that you intend to sue. It gives the agency an opportunity to investigate the incident and either accept liability or reject the claim. Only after the claim is rejected (or 45 days pass without a response) can you file a lawsuit in court.

The 6-Month Deadline

For most civil rights and personal injury claims against California government entities, you must file your Government Tort Claim within 6 months of the date the incident occurred — or the date your loved one died.

Six months sounds like a reasonable amount of time. In practice, it is shockingly short for families dealing with the aftermath of a police shooting or an in-custody death. There are funerals to arrange, grief to process, and facts to uncover. Many families do not even begin thinking about a lawsuit until months after the incident — sometimes too late.

The 6-month clock starts on the date of injury or death — not on the date you learned what happened or found an attorney. Do not assume you have more time than you do.

What Happens After You File the Claim?

Once your Government Tort Claim is filed, the agency has 45 days to respond. They will typically do one of three things:

1. Reject the claim outright (most common). Once rejected, you have 6 months from the date of rejection to file a lawsuit in court.

2. Accept the claim and offer a settlement. This is rare at the initial claim stage.

3. Fail to respond within 45 days. In this case, the claim is deemed rejected by operation of law, and the 6-month court filing window begins.

Federal Claims Have Different (But Still Short) Deadlines

Civil rights claims under federal law (42 U.S.C. § 1983) do not require a government tort claim. However, they have their own statute of limitations: generally 2 years from the date of the incident in California.

Many civil rights cases involve both state law claims (which require the government tort claim filing) and federal Section 1983 claims. An attorney experienced in civil rights litigation will know which claims apply to your situation and how to protect all of them.

Can the Deadline Be Extended?

In limited circumstances, California law allows for a late claim application. If you missed the 6-month deadline, you may be able to file a late claim application within 1 year of the incident, but only if you can show a legally recognized excuse — such as minority (being under 18), mental incapacity, or fraud by the government that prevented you from discovering the claim.

These exceptions are narrow and difficult to establish. Do not count on them. The safest course is always to contact a civil rights attorney as soon as possible after an incident.

What Should Be in a Government Tort Claim?

A Government Tort Claim must include specific information to be legally sufficient:

• The name and contact information of the claimant (the person filing the claim — typically a surviving family member)
• The date, place, and circumstances of the incident
• A description of the injury or death
• The names of the government employees involved, if known
• The amount of damages being claimed (or a statement that the amount will be determined)

While families can technically file a Government Tort Claim without an attorney, doing so without legal guidance is risky. An insufficient or inaccurate claim can be rejected on procedural grounds, and errors are difficult to correct after the deadline has passed.

Steps to Take Right Now

If your family member was killed or seriously injured by law enforcement, or died in a California jail or prison, take these steps immediately:

1. Contact a civil rights attorney. Most, including Gastélum Law, offer free consultations and handle cases on contingency.

2. Note the exact date of the incident. The 6-month clock began that day.

3. Gather any evidence you have access to — witness names, photographs, video.

4. Do not give recorded statements to government investigators before speaking with your attorney.

5. Do not sign any documents from the government agency without attorney review.

Gastélum Law has guided many families through this process. We handle the Government Tort Claim filing, the investigation, and the litigation — so that you can focus on your family during an impossibly difficult time.