At some point, most people have probably felt frustrated enough to contemplate suing the government. However, for those who have a legitimate claim—like a pedestrian struck by a government-owned vehicle—the process is more complex than suing a private individual or company.
One key difference is the requirement to file a “notice of claim.” Understanding the notice of claim process in your state is critical because failing to meet the required deadlines can bar you from pursuing legal action against the government.
Lawsuits against the government are more common than you might think
Suing the government may seem like something out of a movie, but it’s actually more common than you think.
Government entities at the local, state, and federal levels are responsible for all sorts of activities, from maintaining public roads to hauling away your trash. When something goes wrong—such as a slip and fall on government property or a car accident involving a government vehicle—the injured party has a right to seek compensation.
However, unlike lawsuits against private individuals or companies, these claims come with specific procedures, including the requirement to file a notice of claim.
What is a notice of claim?
A notice of claim is a legally required document that must be submitted before you can file a lawsuit against a government entity.
This notice informs the government of your intention to sue, outlines the basis for your claim, and provides essential details about the incident, such as when and where it occurred.
The notice of claim gives the government time to investigate the matter and, in some cases, may lead to an early settlement without the need for a lawsuit. It’s important to note that the rules and deadlines for filing a notice of claim vary by state and by the type of government entity involved.
Common components of a notice of claim
While the specific requirements for a notice of claim differ depending on the jurisdiction, there are several common components that most notices of claim must include:
- Claimant’s information: Full name, address, and contact details of the person making the claim.
- Description of the incident: A detailed account of what happened, including the date, time, and location of the incident.
- Nature of the claim: A clear and concise explanation of the damages or injuries sustained and how the government entity’s actions or negligence contributed to them.
- Amount of compensation sought: An estimate of the monetary damages the claimant is seeking.
- Signature: The notice must be signed by the claimant or their legal representatives.
For illustrative purposes, let’s take a look at a hypothetical notice of claim:
Sample notice of claim
Claimant’s Information: John Doe
123 Main Street
Anytown, USA 12345
(555) 123-4567
[email protected]
Date: September 1, 2024
To:
City of Anytown
Department of Public Works
456 Government Avenue
Anytown, USA 12345
Re: Notice of Claim for Damages
Description of the incident: On August 28, 2024, at approximately 3:00 PM, I was walking on the sidewalk along Elm Street near the intersection with Oak Street in Anytown when I was struck by a City of Anytown Public Works vehicle (License Plate #XYZ-789). The vehicle failed to stop at the crosswalk, resulting in my being knocked to the ground and sustaining injuries.
Nature of the claim: As a result of being struck by the city vehicle, I suffered a broken left leg, a concussion, and multiple abrasions. The injuries have required ongoing medical treatment, including surgery and physical therapy. I contend that the City of Anytown is liable for these injuries due to the negligent operation of its vehicle by the city employee.
Amount of compensation sought: I am seeking compensation for medical expenses, lost wages, pain and suffering, and other related costs, estimated at $150,000.
Signature:John Doe
(Signature)
Date: September 1, 2024
When do you need to file a notice of claim?
The timeline for filing a notice of claim is usually short and varies depending on your jurisdiction. In many states, you’re required to file a notice within 30 to 90 days of the incident.
Missing this deadline can result in the forfeiture of your right to sue the government and receive compensation. Because the timeframes are strict, it’s important to talk to a lawyer as soon as possible if you believe you have a claim against a government entity.
You can file a notice of claim on your own without the help of an attorney. However, consulting with an attorney is recommended to ensure the notice is correctly completed and filed.
How does a notice of claim impact the statute of limitations?
Filing a notice of claim can impact the statute of limitations for your lawsuit.
In some jurisdictions, the filing of the notice temporarily pauses the statute of limitations, giving you more time to file the lawsuit itself.
However, this pause is not automatic in all cases, and the clock may continue ticking while the government considers your claim. It’s important to understand how the notice of claim process interacts with the statute of limitations in your state to avoid missing any deadlines.
Missing the statute of limitations doesn’t always mean the end of your case. In certain situations, exceptions or tolling provisions may extend or pause the filing deadline. Because these rules vary widely by jurisdiction, it’s essential to consult with an experienced attorney who can evaluate whether any legal options remain available and guide you through the next steps.
Notice of claim requirements in all 50 states
Below is an overview of the notice of claim requirements in all 50 states. It’s important to keep in mind that laws can change, so it’s essential to review your state’s current laws for any updates before taking action.
| Notice of claim requirements in all 50 states | ||
|---|---|---|
| State | Notice of claim requirement description | Statute |
| Alabama | No Tort Claims Act. Alabama generally does not permit lawsuits against the state. | Ala. Const. Art. I, § 14 |
| Alaska | Claims against peace officers must be filed within two years. | Alaska Stat. § 09.10.070 |
| Arizona | Claims must be filed within 180 days after the cause of action. | A.R.S. § 12-821.01 |
| Arkansas | Claims must be filed within one year of the incident. | A.C.A. § 19-10-209 |
| California | Personal injury/property claims must be filed within six months | Cal. Gov’t Code § 911.2 |
| Colorado | Claims must be filed within 182 days of the injury. | C.R.S. § 24-10-109 |
| Connecticut | Claims must be presented within one year after they accrue. | C.G.S.A. § 4-148 |
| Delaware | No specific notice deadline; immunity can be waived where insurance exists. | Del. Code tit. 18, § 6511 |
| Florida | Claims must be presented within three years of accrual (two years for wrongful death). | F.S.A. § 768.28 (6)(a) |
| Georgia | Written notice must be given within twelve months of the date of the loss. | O.C.G.A. § 50-21-26 |
| Hawaii | Claims must be presented within two years. | Haw. Stat. § 662-4 |
| Idaho | Claims must be filed within 180 days from when the claim arose. | Idaho Code §§ 6-905 and 6-911 |
| Illinois | Tort claims must be filed within two years from when the claim arose. | 705 I.L.C.S. § 505/22 |
| Indiana | Tort Claims Notice must be filed within 270 days after the loss occurs. | I.C. § 34-13-3-6 |
| Iowa | Claims are barred unless notice is provided within two years of the claim. | I.C.A. § 669.13 |
| Kansas | No specific statewide deadline; municipal claims may require notice within 120 days. | K.S.A. § 75-6103 |
| Kentucky | Claims must be filed with the Board of Claims within one year. | K.R.S. § 44.110 |
| Louisiana | Claims must be filed within the period allowed by law for the same type of claim against a private person. | La. R.S. § 13:5108 |
| Maine | Written notice must be filed within 180 days after any claim or cause. | M.R.S.A., Tit. 14, § 8107 |
| Maryland | Claims must be submitted to the Treasurer within one year. | Md. Code, State Gov’t § 12-106 |
| Massachusetts | Claims must be presented in writing within two years after the cause of action arose. | M.G.L.A. Ch. 258, § 4 |
| Michigan | Notice must be filed within 120 days; all claims must be filed within one year. | M.C.L.A. §§ 600.1404, 600.6431 |
| Minnesota | Notice is required within 180 days after the loss or injury is discovered. | M.S.A. § 3.736 |
| Mississippi | Notice of claim must be filed at least 90 days before instituting suit. | M.C.A. § 11-46-11(1) |
| Missouri | Claims must be filed within 90 days of the injury. | Mo. Rev. Stat. § 82.210 |
| Montana | Claims must be filed within 180 days of the incident. | Mont. Code Ann. § 2-9-301 |
| Nebraska | Claims must be filed within one year of the incident. | Neb. Rev. Stat. § 13-905 |
| Nevada | Notice is not required; standard statute of limitations applies (two years). | Nev. Rev. Stat. § 41.036 |
| New Hampshire | Claims must be filed within two years of the incident. | N.H. Rev. Stat. Ann. § 541-B:14 |
| New Jersey | Claims must be filed within 90 days for injury claims. | N.J. Stat. Ann. § 59:8-8 |
| New Mexico | Claims must be filed within 90 days of the incident. | N.M. Stat. Ann. § 41-4-16 |
| New York | Claims must be filed within 90 days for injury claims. | N.Y. Gen. Mun. Law § 50-e |
| North Carolina | Claims must be filed within one year of the incident. | N.C. Gen. Stat. § 1-539.15 |
| North Dakota | Notice must be filed within 180 days of the incident. | N.D. Cent. Code § 32-12.2-04 |
| Ohio | Claims must be filed within two years for injury claims. | Ohio Rev. Code Ann. § 2744.04 |
| Oklahoma | Notice must be filed within one year of the incident. (Okla. Stat. tit. 51, § 156) | Okla. Stat. tit. 51, § 156 |
| Oregon | Notice must be filed within 180 days of the incident. | Or. Rev. Stat. § 30.275 |
| Pennsylvania | Notice must be filed within six months of the injury or incident. | 42 Pa. Cons. Stat. § 5522 |
| Rhode Island | Notice must be filed within three years of the incident. | R.I. Gen. Laws § 9-31-1 |
| South Carolina | Notice must be filed within one year of the incident. | S.C. Code Ann. § 15-78-110 |
| South Dakota | Notice must be filed within 180 days of the incident. | S.D. Codified Laws § 3-21-2 |
| Tennessee | Notice must be filed within one year of the injury. | Tenn. Code Ann. § 29-20-301 |
| Texas | Notice must be filed within six months of the incident. | Tex. Civ. Prac. & Rem. Code § 101.101 |
| Utah | Notice must be filed within one year of the incident. | Utah Code Ann. § 63G-7-402 |
| Vermont | Notice must be filed within one year of the incident. | Vt. Stat. Ann. tit. 12, § 5602 |
| Virginia | Notice must be filed within six months for personal injury claims. | Va. Code Ann. § 8.01-195.6 |
| Washington | Notice must be filed within 60 days before filing a lawsuit. | Wash. Rev. Code § 4.96.020 |
| West Virginia | Notice must be filed within six months of the incident. | W. Va. Code § 55-17-3 |
| Wisconsin | Notice must be filed within 120 days of the incident. | Wis. Stat. § 893.80 |
| Wyoming | Notice must be filed within two years of the incident. | Wyo. Stat. Ann. § 1-39-113 |