Does the government claim need to describe the exact legal theory later alleged in the lawsuit?

The claim should describe the incident with enough factual specificity to support the eventual negligence theory, since courts have required that the civil complaint rest on the same fundamental factual basis presented in the claim.

What if my injury symptoms did not appear until after the six-month deadline had passed?

The discovery rule may extend the accrual date in some circumstances, but it must be affirmatively argued and supported with evidence showing when the injury was, or reasonably should have been, discovered.

Are there other parties besides LACMTA who might need a separate claim or lawsuit?

Yes, jointly liable private contractors, such as certain paratransit operators, are not always subject to the same government claims process and may require a separate and timely claim or complaint.

How does The Homampour Law Firm manage government claim deadlines in transit cases?

The Homampour Law Firm tracks accrual dates, claim submission deadlines, and post-rejection filing periods from the outset of every LACMTA matter, and drafts claims with enough factual detail to support the eventual litigation theory.

Government Tort Claim LACMTA California Procedure Attorneys Must Follow

Q: Can a defective government claim be fixed after it is submitted?

Some defects are curable through amendment within the claims period, but attorneys should not rely on the entity's claims office to identify deficiencies and should review the claim for completeness before submission.

Any government tort claim LACMTA California litigation requires begins with a procedural step that has nothing to do with the merits of the underlying negligence claim: presenting a timely, properly formatted government claim before a lawsuit can be filed. Attorneys unfamiliar with transit litigation sometimes discover this requirement only after the deadline has already passed, at which point an otherwise strong case can become unrecoverable.

6 months

General deadline to present a government claim under Gov Code 911.2

45 days

Silence after this becomes a deemed rejection of the claim

Government claim form representing government tort claim LACMTA California procedure

LACMTA's Status as a Public Entity Under the Government Claims Act

The Los Angeles County Metropolitan Transportation Authority is a public entity subject to the California Government Claims Act, meaning any tort claim against it, including a passenger injury claim arising from common carrier negligence, must be preceded by a written government claim under Government Code section 911.2. For personal injury and wrongful death claims, this claim must generally be presented within six months of the date the cause of action accrued. This requirement exists independent of, and in addition to, the substantive common carrier duty of care under Civil Code section 2100. An attorney can have overwhelming evidence of LACMTA's negligence and still lose the ability to pursue the claim entirely if the government claim was not timely presented or was rejected for a curable defect that was never corrected.

What a Proper Government Claim Must Include

Government Code section 910 specifies the required content of a government claim, including the claimant's name and address, the date, place, and circumstances of the occurrence, a general description of the injury or damage, the name of the public employee causing the injury if known, and the amount claimed or a statement that the claim exceeds the jurisdiction of the applicable court. Claims that omit required elements can be rejected as insufficient, and while some defects are curable through amendment within the claims period, attorneys should not rely on the entity's claims office to identify or explain deficiencies. A rejected or returned claim starts a separate, shorter clock: generally six months from the date of rejection to file suit, under Government Code section 945.6.

Common Errors That Undermine an Otherwise Valid Claim

Several recurring errors compromise government tort claims against LACMTA, each of them avoidable with early attention to the claim itself.

Providing only minimal detail

Treating the claim as a formality and describing the incident thinly, which the defense can later use to argue the claim did not fairly apprise the entity of the theory ultimately pursued in litigation.

Miscalculating the accrual date

Getting the accrual date wrong, particularly in cases involving injuries that were not immediately apparent, where the discovery rule may apply but must be affirmatively argued and supported.

Missing deadlines or parties

Failing to track the claims board's response deadline and missing the shortened filing period after an express or deemed rejection, or naming only LACMTA when a jointly liable private contractor, such as a paratransit operator, may also bear responsibility.

Aligning the Claim's Factual Theory With the Eventual Complaint

California courts have held that a plaintiff's later civil complaint must generally be based on the same fundamental factual theory presented in the government claim. The claim should describe the incident with enough factual specificity, the sudden stop, the ramp malfunction, the door closing prematurely, to support the negligence theory the complaint will ultimately allege, rather than a vague or generic description that could later be challenged as failing to fairly present the claim actually litigated.

Present the claim

Generally within six months of accrual, under Government Code 911.2

Required content

Claimant and incident facts, injury, and amount or jurisdictional statement, under Government Code 910

No response for 45 days

Treated as a deemed rejection of the claim

After rejection

Generally six months to file suit, under Government Code 945.6

The case behind this page

A discussion of an LACMTA bus injury case

How the six-month claim requirement intersects with the underlying common carrier duty in a passenger injury matter.

Read the case overview

The substantive companion

The common carrier utmost care standard under Civil Code 2100

The heightened duty that supplies the negligence theory the government claim needs to describe.

Read the duty breakdown

Keep Reading

Related breakdowns from this case and our transit injury practice.

Back to Case Studies

Referring a claim against a public entity?

We handle injury cases against public transit agencies and other government defendants as counsel or co-counsel and pay statutory referral fees.

Refer a case

Frequently Asked Questions

How long do I have to file a government claim against LACMTA after a bus injury?

You generally must present a written government claim within six months of the date the injury occurred, under Government Code section 911.2, before you can file a lawsuit against LACMTA.

What information must a government claim against LACMTA include?

Under Government Code section 910, the claim must include the claimant's information, the date, place, and circumstances of the incident, a description of the injury, the responsible employee if known, and the amount claimed or a jurisdictional statement.

What happens after LACMTA rejects or does not respond to a government claim?

A rejection, whether express or deemed after 45 days without response, starts a new and generally shorter period, typically six months under Government Code section 945.6, within which the lawsuit must be filed.