Notice of Claim Against a Government Entity

Q: How do I file a notice of claim against a city or county?

Find out which office receives claims for that city or county, often the clerk, the city attorney or a risk management office, and whether it uses its own claim form. Prepare a written notice that describes the incident and the injury or damage, sign it, and deliver it by the method the statute or the entity requires. Keep a copy and proof of the delivery date.

Q: How is a claim against the state different from a claim against a city or county?

Many states use one statute for claims against the state and its agencies and a different one for cities, counties and school districts. The two can have different deadlines, different recipients and different forms. Some states use one statute for both. Check which rule applies to the entity involved in your claim.

Q: How long do I have to file a notice of claim?

It depends on the state and the type of entity. Where notice is required, deadlines range from as short as 45 days to several years, and some run from the date of the incident while others run from discovery of the injury. Treat the deadline as strict and file as early as you can.

Q: Is there an official government claim form?

Some states and many cities and counties publish their own government claim form, and some require it. Others accept a written notice that contains the required information. Ask the entity's clerk or risk management office which form it uses before you file.

Q: What should a notice of claim include?

A complete notice usually gives your name and address, the date, time and place of the incident, a description of what happened, the entity or employee involved, the injuries or damage, and the amount claimed where the state requires or allows one. It ends with your signature and the date, and some states require a sworn verification.

Q: Does a notice of claim have to be notarized?

Not in every state. Have the notice sworn or verified where the statute or form requires it, and some entities' own claim forms ask for a sworn signature. Check the statute and any required form for the entity involved before you sign.

Q: What happens after I file a notice of claim?

The entity reviews the claim and may investigate, ask for more information, offer a settlement or deny it. Many states give the entity a set time to respond, after which the claim may be treated as denied. You can usually sue only after that period, and a separate deadline to sue may then apply.

Q: What if I missed the notice of claim deadline?

A late notice can bar the claim. Some states allow relief from a missed deadline, for example on good cause, a reasonable excuse or no prejudice to the entity. In some, the first step is an application to the entity itself, and a court comes later. Relief is not assured, so read the statute promptly or speak with a lawyer.

Q: Do I have to state a dollar amount in the notice?

It depends on the state and the claim. Some states require a specific amount or an itemized statement of damages, and a notice without one can be defective there. Others make the amount optional, and some bar it in certain claims: in California, a claim over $10,000 may not state a dollar amount. Check your state's rule before you include one.

Q: How do I file a claim against the federal government?

Claims against a federal agency or federal employee follow the Federal Tort Claims Act, usually starting with Standard Form 95 sent to the agency involved, not the state or local process described here.

Most states require written notice to a state agency, city, county or school district before suit.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

A notice of claim tells a state agency, city, county or other public body about an injury or loss before you sue it. Most states require one, and a few make it optional or set no notice deadline. Deadlines run from 45 days to several years.

Key Things to Know

1
Where a state requires notice, the deadline is short and strict. Depending on the state and the entity, it can be as short as 45 days or run for several years, and missing it can bar the claim. Reading the statute or contacting the entity's clerk or risk management office confirms the current rule.
2
Check what starts the clock. Some states count from the date of the incident, others from when the claim accrued or when the injury was or should have been discovered.
3
Claims against the state itself and claims against a city, county or school district often follow different statutes, deadlines and recipients. Identify which kind of entity was responsible before you file.
4
The notice must reach the office the statute names, such as a city or county clerk, the attorney general, a claims board or a risk management office. Some states also set the delivery method, such as certified or registered mail or personal delivery.
5
Some governments publish an official government claim form, and some require it. Where a form is required, use it and follow its instructions.
6
Most notices describe the date, time and place of the incident, what happened, the entity or employee involved, and the injury or damage. Some states also require a specific dollar amount, an itemized statement or a sworn signature, and some bar stating an amount in certain claims.
7
In most states, filing the notice is a step before a lawsuit, not the lawsuit itself. Many states give the entity a set time to respond and set a separate deadline to sue after a denial. A few make it optional or set no separate notice deadline. Each state's page gives its own rule.

Notice of claim deadlines by state

The main notice rules for the 42 states and the District of Columbia listed below, and the statutes that set them. Where a state sets no separate notice deadline, the row shows its suit or waiting rule. Rules differ for claims against the state and against a city, county or other local body. Open your state's page for what starts the clock, who receives the notice and how to deliver it.

State	Deadline	Statute
Alabama	City tort claims: 6 months (other claims 2 years); county: 12 months; State: 1 year (death: 2 years)	Ala. Code 11-47-23, 11-12-8, 41-9-65
Arizona	State and local: 180 days after the cause of action accrues	A.R.S. 12-821.01
California	State and local: 6 months (death, injury, personal property, crops); 1 year for others; late claim: apply to the entity	Gov. Code 911.2, 911.4
Colorado	State and local: 182 days after discovery of the injury	C.R.S. 24-10-109
Connecticut	State: 1 year after accrual (3-year outer limit); town and employee sued together: 6 months; town road defect: 90 days	Gen. Stat. 4-148, 7-465, 13a-149
Florida	State and local: 3 years after accrual; wrongful death claim to DFS: 2 years	Fla. Stat. 768.28(6)
Georgia	State: 12 months after loss was or should have been discovered; city: 6 months from the event; county: generally 12 months	O.C.G.A. 50-21-26, 36-33-5, 36-11-1
Hawaii	County notice: 2 years after accrual; State: suit within 2 years	HRS 46-72, 662-4
Idaho	State and local: 180 days from when the claim arose or should have been discovered	Idaho Code 6-905, 6-906
Illinois	State injury: 1 year (death: later of death or estate qualification), unless claim is filed in it; most local suits: 1 year	705 ILCS 505/22-1; 745 ILCS 10/8-101(a)
Indiana	State: 270 days; city, county or other subdivision: 180 days; incapacity: 180 days after it ends	IC 34-13-3-6, 34-13-3-8, 34-13-3-9
Iowa	State: written claim within 2 years after accrual; local: suit within 2 years	Iowa Code 669.13, 670.5
Kansas	Local: notice before suit, within the 2-year injury or death limit; suit waits up to 120 days, then at least 90 days to sue	K.S.A. 12-105b(d)
Kentucky	State: 1 year after accrual; city bridge, street, sidewalk, alley or other public thoroughfare defect: 90 days	KRS 49.120, 411.110
Maine	State and local: 365 days after accrual; later only for good cause, within the 2-year limit	14 M.R.S. 8107, 8110
Maryland	State and local: 1 year after the injury; a court may excuse a missed notice for good cause, unless it prejudiced the defense	SG 12-106; CJP 5-304
Massachusetts	State and local: presentment within 2 years after the cause of action arose	G.L. c. 258, section 4
Michigan	State: 6 months (injury, property) or 1 year; highway defect: 120 days (under 18: 180 days); sewage: 45 days after discovery	MCL 600.6431, 691.1404, 691.1419
Minnesota	State and local: 180 days after discovery (wrongful death: 1 year)	Minn. Stat. 3.736, 466.05
Mississippi	State and local: notice at least 90 days before suit; suit within 1 year	Miss. Code 11-46-11
Missouri	Covered cities, street, sidewalk, bridge or thoroughfare defect: 90 days	RSMo 77.600, 79.480, 82.210
Montana	No separate notice deadline; claim and suit within 3 years (injury) or 2 years (property); State: 120 days to decide	MCA 2-9-301, 2-9-302
Nebraska	State: 2 years; city, county or other subdivision: 1 year	Neb. Rev. Stat. 81-8,227, 13-919
New Hampshire	Local: 60 days from injury (discovery if not reasonably discoverable); State: 180 days; a late notice bars only on prejudice	RSA 507-B:7, 541-B:14
New Jersey	State and local: 90 days after accrual; late notice only with court leave; suit waits 6 months	N.J.S.A. 59:8-8, 59:8-9
New Mexico	State and local: 90 days after the occurrence; excused if the entity had actual notice	NMSA 41-4-16
New York	Local and State tort: 90 days; State contract and other: 6 months; wrongful death (both): 90 days from estate appointment	GML 50-e; Court of Claims Act 10
North Carolina	State: claim to the Industrial Commission within 3 years after accrual (wrongful death: 2 years after death)	G.S. 143-297, 143-299
North Dakota	State: 180 days after discovery (serious injury: 1 year; waived for sexual-offense claims)	N.D.C.C. 32-12.2-04
Oklahoma	State and local: 1 year after the loss (death: 1 year after the death)	51 O.S. 156
Oregon	State and local: 180 days after the loss (wrongful death: 1 year), excluding up to 90 days of incapacity	ORS 30.275
Pennsylvania	State and local: 6 months after the injury or accrual; excused on a reasonable excuse	42 Pa.C.S. 5522
Rhode Island	Town highway, causeway or bridge defect: 60 days; other town claims: presentment, 40-day wait; State: suit in 3 years	R.I. Gen. Laws 45-15-9, 45-15-5, 9-1-25
South Carolina	Optional; if filed, 1 year after the loss was or should have been discovered; suit within 2 years (3 if a claim was filed)	S.C. Code 15-78-80, 15-78-110
South Dakota	State and local: 180 days after the injury; minors and incapacitated persons may get more time from a court	SDCL 3-21-2, 3-21-4
Texas	6 months after the incident; a city charter can set its own period; excused on actual notice	Tex. Civ. Prac. & Rem. Code 101.101
Utah	State and local: 1 year after the claim arises, subject to a discovery rule	Utah Code 63G-7-401, 63G-7-402
Virginia	State: 1 year; county, city or town negligence: 6 months; excused on actual knowledge	Va. Code 8.01-195.6, 15.2-209
Washington	State and local: present the claim form before suit, within the limitation period; suit waits 60 days	RCW 4.92.110, 4.96.020
District of Columbia	6 months after the injury or damage (must be received)	D.C. Code 12-309
West Virginia	State agency: notice at least 30 days before suit; local: suit within 2 years	W. Va. Code 55-17-3, 29-12A-6
Wisconsin	Local and State employee: 120 days after the event; local negligent inspection: 1 year after discovery	Wis. Stat. 893.80, 893.82
Wyoming	State and local: 2 years after the act, error or omission, or after discovery if not reasonably discoverable	W.S. 1-39-113

Key Decisions

The Government Entity

What Happened

Notice of Claim Requirements

File Before the Notice Deadline
Most states require notice before a claim against a government, and the deadlines are short and strict. They differ by state and by type of entity, and missing one can bar the claim.
Send It to the Office the Law Names
Each state names who receives the notice, such as a city or county clerk, the attorney general, a claims board or a risk management office. A notice sent to the wrong office may not count.
Describe When, Where and How It Happened
Give the date, time and exact place of the incident, explain what the entity or its employee did or failed to do, and name the department or employee involved where you know it.
Describe the Injury or Damage
Describe the injuries, the treatment received or the property damage, and attach supporting records such as bills, photos or repair estimates.
State an Amount Where Required or Allowed
Some states require a specific dollar amount or an itemized statement of damages, and a notice without one can be defective there. Others make the amount optional, and some bar it in certain claims, such as a California claim over $10,000.
Sign It, and Swear to It Where Required
Sign and date the notice, and have it sworn or verified where the statute or form requires it. Check the statute and any required form for the entity involved to see how it must be signed.
Use the Official Claim Form if There Is One
Some governments publish their own government claim form, and some require it. Where a form is required, use it and follow its instructions.
Deliver It by an Accepted Method and Keep Proof
Some statutes set the delivery method, such as certified or registered mail or personal delivery. Keep a copy of the notice and proof of the date it was delivered or received.
Wait for the Response Period Before Suing
Many states give the entity a set time to respond, after which the claim may be treated as denied. A separate deadline to sue may then apply.

Customize your Notice of Claim Template with DocDraft

NOTICE OF CLAIM

Date: DATE OF NOTICE

TO: [IF STATE AGENCY: NAME OF THE OFFICE THAT RECEIVES CLAIMS AGAINST THE STATE, SUCH AS THE ATTORNEY GENERAL, CLAIMS BOARD OR RISK MANAGEMENT OFFICE, AND ITS ADDRESS] [IF CITY OR COUNTY: NAME OF THE CLERK, ATTORNEY OR RISK MANAGEMENT OFFICE OF THE CITY, COUNTY, SCHOOL DISTRICT OR OTHER PUBLIC BODY, AND ITS ADDRESS]

RE: Notice of Claim Against NAME OF GOVERNMENT ENTITY

CLAIMANT Name: CLAIMANT FULL NAME Address: STREET ADDRESS, CITY, STATE, ZIP CODE Phone: PHONE NUMBER Email: EMAIL ADDRESS [IF APPLICABLE: Attorney or representative: NAME, ADDRESS AND PHONE NUMBER]
ENTITY AND EMPLOYEES INVOLVED This claim is made against NAME OF GOVERNMENT ENTITY. [IF APPLICABLE: Department or agency: NAME OF DEPARTMENT] [IF APPLICABLE: Employee or vehicle involved: NAME, TITLE, BADGE OR VEHICLE NUMBER]
DATE, TIME AND PLACE OF THE INCIDENT Date: DATE OF INCIDENT Time: TIME OF INCIDENT Place: STREET ADDRESS, INTERSECTION OR OTHER EXACT LOCATION
WHAT HAPPENED On DATE OF INCIDENT, DESCRIPTION OF INCIDENT, INCLUDING WHAT THE ENTITY OR ITS EMPLOYEE DID OR FAILED TO DO AND HOW IT CAUSED THE INJURY OR DAMAGE. [IF APPLICABLE: Witnesses: NAMES AND CONTACT INFORMATION] [IF APPLICABLE: Police or incident report number: REPORT NUMBER]
INJURY OR DAMAGE [IF PERSONAL INJURY: DESCRIPTION OF INJURIES, TREATMENT RECEIVED AND PROVIDERS] [IF PROPERTY DAMAGE: DESCRIPTION OF PROPERTY AND DAMAGE, WITH REPAIR ESTIMATES] [IF OTHER LOSS: DESCRIPTION OF LOSS]
AMOUNT CLAIMED [IF YOUR STATE REQUIRES OR ALLOWS AN AMOUNT: The claimant claims DOLLAR AMOUNT, itemized as follows: MEDICAL EXPENSES AMOUNT; PROPERTY DAMAGE AMOUNT; LOST WAGES AMOUNT; OTHER DAMAGES AMOUNT. These amounts may change as treatment or repairs continue.] [IF YOUR STATE BARS AN AMOUNT FOR THIS CLAIM WITH NO STATEMENT IN ITS PLACE: No dollar amount is stated.] [IF YOUR STATE BARS AN AMOUNT BUT ASKS WHETHER THE CLAIM WOULD BE A LIMITED CIVIL CASE: No dollar amount is stated. This claim WOULD or WOULD NOT be a limited civil case.]
SUPPORTING DOCUMENTS Copies of the following are attached: LIST OF ATTACHED RECORDS, PHOTOS, BILLS OR ESTIMATES.

The claimant gives this notice of claim and asks NAME OF GOVERNMENT ENTITY to review and respond to it.

CLAIMANT SIGNATURE PRINTED NAME DATE

[IF SWORN CLAIM REQUIRED: VERIFICATION I, CLAIMANT FULL NAME, state under oath that I have read this notice of claim and that the facts in it are true to the best of my knowledge.

CLAIMANT SIGNATURE [IF A NOTARY OR OTHER OFFICER IS REQUIRED: Subscribed and sworn before me on DATE.

NAME AND TITLE OF OFFICER]]

DELIVERY This notice was delivered on DATE OF DELIVERY to NAME OF RECEIVING OFFICE by METHOD OF DELIVERY, SUCH AS CERTIFIED MAIL WITH RETURN RECEIPT OR PERSONAL DELIVERY.

Frequently Asked Questions

How do I file a notice of claim against a city or county?

How is a claim against the state different from a claim against a city or county?

How long do I have to file a notice of claim?

Is there an official government claim form?

What should a notice of claim include?

Does a notice of claim have to be notarized?

What happens after I file a notice of claim?

What if I missed the notice of claim deadline?

Do I have to state a dollar amount in the notice?

How do I file a claim against the federal government?

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Notice of claim deadlines by state

Key Decisions

The Government Entity

What Happened

Notice of Claim Requirements

File Before the Notice Deadline

Send It to the Office the Law Names

Describe When, Where and How It Happened

Describe the Injury or Damage

State an Amount Where Required or Allowed

Sign It, and Swear to It Where Required

Use the Official Claim Form if There Is One

Deliver It by an Accepted Method and Keep Proof

Wait for the Response Period Before Suing

Customize your Notice of Claim Template with DocDraft

Frequently Asked Questions