The six-month government claim deadline in California after a jail death or injury

If someone you love died or was badly hurt in a California jail or prison, or at the hands of the police, we are sorry. In the middle of that loss, there is a rule families often learn about too late: the six-month government claim deadline. Before you can sue a California county, city or the State over a death or injury, you usually must first present a written claim, and it is due within six months.

This guide explains how that clock works, what the claim must say, how to file a claim against a county in California, how claims against the State work, and what happens if six months have passed. It is general information, not advice about your case. The deadline is strict, and families lose state-law claims by waiting.

What is the six-month government claim deadline?

California's Government Claims Act says no one may sue a public entity for money until a written claim has been presented and acted on or treated as rejected (Government Code § 945.4). Wrongful death and personal injury are not among the listed exceptions (§ 905).

Under Government Code § 911.2, a claim for death or injury to a person must be presented "not later than six months after the accrual of the cause of action." Most other claims have one year. In a death case, the clock generally starts on the date of death.

A Sheriff's Department is part of the county, so a claim over a county jail death goes to the county. The rule covers state-law claims such as wrongful death, negligence and the Bane Act. The same clock applies outside a jail. If a police officer or deputy shoots, beats or wrongly arrests someone, the claim goes to the city or county that employs the officer, or to the State for the California Highway Patrol, and it is due within six months. See our guides to police shooting wrongful death claims and excessive force. Federal civil-rights claims and claims against private companies follow different rules, explained below.

The timeline, step by step

Here is how the clock usually runs for a claim against a county or the State. A missed step can end the state-law case.

Day 0	The death or injury. For a death, the six-month clock generally starts here (§ 911.2).
Within 6 months	Present the written claim. A mailed claim counts as presented the day it is properly deposited with the Postal Service (§ 915.2).
Within 20 days of filing	The entity may send a notice that the claim is insufficient (§ 910.8).
Within 45 days of filing	The entity must act. If it does nothing, the claim is treated as rejected on the 45th day, unless both sides agreed in writing to extend (§ 912.4).
Rejection notice	Written notice of the decision, with a warning that you generally have six months to sue (§ 913).
6 months after the notice	Deadline to file the lawsuit, counted from when the notice was personally delivered or mailed (§ 945.6).
No proper notice sent	Generally two years from when the claim arose (§ 945.6).

The six months to sue is not extended because the notice came by mail (§ 915.2). Do not wait until the last week.

What has to be in the claim?

Under Government Code § 910, a claim must give:

• The name and mailing address of each claimant, and where notices should go.
• The date, place and circumstances of what happened.
• A general description of the injury or loss, as far as it is known.
• The names of the public employees responsible, if known.
• The amount. Over $10,000, you state no dollar figure, only whether the case would be a "limited civil case."

Los Angeles County asks for one form per claimant, according to its claims page, so a spouse and each child may each need a claim.

Describe everything that went wrong. In the suit by the family of former NFL player Stanley Wilson Jr., who died in Los Angeles County custody in 2023, the county argued that "each theory must be included in a government claim" because the family's claim focused on force, not medical care, Courthouse News reported. In July 2026 the judge let the case go forward, finding "the crux of the government claim remains applicable." The lesson: a claim should cover force, medical and mental-health care, cell checks and conditions, whatever the facts may support.

How to file a claim against a county in California

Each county names its own claims office. File where the county says, keep copies, and get proof of the date you mailed or delivered it. These offices come from county pages and forms we reviewed in October 2026. Confirm the current form before filing.

Los Angeles	Executive Officer, Board of Supervisors, Attention: Claims, 500 W. Temple St., Room 383, Los Angeles, CA 90012. In person or by mail.
San Diego	Office of County Counsel, Claims and Investigation Division, 1600 Pacific Hwy., Room 335, San Diego, CA 92101. No fax.
Orange	Clerk of the Board of Supervisors, 400 W. Civic Center Dr., 6th Floor, Santa Ana, CA 92701, per the 2022 county claim form. A newer form exists.
Riverside	Clerk of the Board of Supervisors, Attn: Claims Division, P.O. Box 1147, 4080 Lemon St., Riverside, CA 92502-1147. Mail or hand delivery only.
San Bernardino	Risk Management, Liability Division, 222 W. Hospitality Lane, 3rd Floor, San Bernardino, CA 92415-0016. Check the address printed on the current form.
Sacramento	Clerk of the Board of Supervisors, 700 H St., Room 2450, Sacramento, CA 95814. No electronic filing.
Alameda	Clerk, Board of Supervisors, 1221 Oak St., Room 536, Oakland, CA 94612.
Santa Clara	Office of the Clerk of the Board, 70 W. Hedding St., 10th Floor, East Wing, San Jose, CA 95110. Form available in Spanish.
Fresno	Clerk of the Board of Supervisors, Hall of Records, 2281 Tulare St., Room 301, Fresno, CA 93721. No email or fax.
Kern	Kern County Risk Management, General Liability. Confirm the address with the county.

If you mail a claim, use a sealed, correctly addressed envelope with postage paid. Certified mail gives you a record of the date.

Claims against the State, including deaths in state prison

When the State is responsible, such as for a death in a state prison run by the Department of Corrections and Rehabilitation (CDCR), the claim goes to the Department of General Services' Government Claims Program. The same six-month rule applies, according to the program's FAQ.

• How to file: online, or by mail to Government Claims Program, P.O. Box 989052, MS 414, West Sacramento, CA 95798-9052, according to DGS. Email is not accepted.
• Fee: $25 per claimant. You can ask for a waiver or reduction. If you request a waiver with the claim, it generally counts as filed that day, as long as the waiver is granted or the fee is paid within 10 days after a denial is mailed (§ 911.2).
• After a rejection: a rejection means the claim "cannot be resolved through GCP," the program says, not that you have no case. The six months to sue still applies (§ 945.6).

Our guide to deaths in California prisons covers the federal claims in those cases.

What if more than six months have passed?

There is a narrow path, not a safety net. You can apply for permission to file a late claim, attaching the proposed claim and explaining the delay, within a reasonable time and no later than one year after the claim arose (§ 911.4).

The entity has 45 days to decide. It must grant the application only on limited grounds: mistake, inadvertence, surprise or excusable neglect that did not harm the government's defense, or when the injured person was a minor, was incapacitated, or died before the six months ran out (§ 911.6). If it denies the application, the notice must warn that you have six months to ask a court for relief (§ 911.8), and the court applies the same narrow grounds (§ 946.6).

Children do not get extra time. Time while the injured person is a minor still counts toward the one-year late-claim limit (§ 911.4). File within six months for every family member, including children.

A late claim filed without that application may be returned within 45 days; if the entity sends no such notice, it waives the timeliness defense (§ 911.3). Do not count on that.

Claims that follow different deadlines

Other claims in the same case follow other rules.

• Federal civil-rights claims (42 U.S.C. § 1983). Claims against deputies, officers or nurses, and against a county for unconstitutional policies or customs, need no government claim. In California they generally must be filed within two years (Code of Civil Procedure § 335.1).
• Private jail medical companies. A private jail health contractor is not a public entity, so no government claim is needed. Wrongful death claims are generally due within two years (§ 335.1), though claims against health care providers can have different rules. The county is usually a defendant too, so the six-month clock still matters.
• ICE and other federal facilities. Claims against the United States require an administrative claim under the Federal Tort Claims Act, usually Standard Form 95, presented to the agency within two years (28 U.S.C. § 2401(b)). If the agency does not decide within six months, you may treat that as a denial and sue (28 U.S.C. § 2675). See our guide to ICE detention deaths in California.

After a death, claims may belong to the estate (a survival claim) and to close family members (wrongful death): a spouse and children, and in some circumstances parents or others who depended on the person. Each should be named in a timely claim. Our guides on whether you can sue after a death in jail and survival claims after a jail death explain who brings which claim.

What to do in the first weeks

1. Count six months from the date of death or injury and mark it on a calendar. Our checklist on what to do when a loved one dies in jail covers the other early steps.
2. Request the coroner or medical examiner report. Our guide to getting the autopsy, records and video after a jail death walks through it.
3. Do not sign anything from the county, the Sheriff or a medical contractor without legal advice.
4. Write down names, dates, booking numbers and what staff told you. Keep letters, voicemails, texts and social media posts.
5. Talk to a lawyer well before the six-month mark. A lawyer can prepare the claims, file them correctly and send preservation letters for video, cell-check logs and medical records.

How LaCour handles these cases

LaCour Trial Lawyers is a trial firm. A partner leads every police misconduct and wrongful death in custody case, statewide, and we have Spanish-speaking lawyers. There is no fee unless there is a recovery. See Deaths in California Jails & Prisons, or ask for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.