Government Claims After Fire — File Before the 6-Month Deadline

California Government Claims After Fire: What You Need to Know

If a government entity like LADWP (Los Angeles Department of Water & Power), LA County, the City of Los Angeles, or any California city, county, or state agency caused or contributed to the wildfire that destroyed your property, you have the right to sue for damages. But there's a critical catch: you cannot file a lawsuit against a government entity without first filing a formal "government claim" with that agency—and you must do it within strict deadlines.

Missing the government claim deadline is one of the most common—and devastating—mistakes California fire victims make. Once the deadline passes, you lose your right to sue forever. No exceptions, no extensions, no second chances.

At the Law Offices of Rozsa Gyene, we've helped hundreds of fire victims file government claims and pursue lawsuits against government agencies. We handle every step—from filing the initial claim to litigating in court if necessary—so you don't miss critical deadlines or make costly mistakes.

What is a Government Claim After a Fire?

A government claim (also called a "government tort claim" or "claim against the government") is a legal requirement under California law before you can sue a government entity for damages. The California Tort Claims Act requires anyone suing a city, county, state agency, or other public entity to:

1. File a written claim with the government agency
2. Wait for the agency to accept or deny your claim (or wait 45 days if they don't respond)
3. Only then can you file a lawsuit in court

This claim must be filed on an official government form and must include specific information about your damages, how the government caused the fire, and the amount of money you're seeking.

Critical Deadlines for Government Fire Claims in California

California law imposes strict deadlines for filing government claims after a fire:

• 6 months from the date of the fire for claims involving personal property damage or personal injury
• 1 year from the date of the fire for claims involving damage to real property (land and structures)

For most wildfire victims, the 6-month deadline applies because personal property (furniture, belongings, etc.) is almost always involved.

Which Government Agencies Can I Sue for Fire Damage?

Depending on the cause of the fire, you may be able to file government claims against:

• LADWP (Los Angeles Department of Water & Power) — If LADWP-owned power lines, transformers, or electrical equipment caused the fire
• LA County — If county fire prevention failures, vegetation management negligence, or county-owned property contributed to the fire
• City of Los Angeles — If city negligence in fire prevention, planning, or emergency response contributed to damages
• Other California cities and counties — Pasadena, Malibu, etc., if their actions or failures contributed
• State of California agencies — Cal Fire, Department of Forestry, etc., if state negligence contributed

Important: You may need to file claims against multiple government agencies if more than one contributed to the fire. An experienced attorney can identify all potential defendants and ensure claims are filed with each one.

What Damages Can I Recover from a Government Fire Claim?

If your government claim is successful (or if you win a subsequent lawsuit), you can recover:

• Property damage: Full cost to repair or rebuild your home and structures
• Personal property: Value of all destroyed belongings (furniture, clothing, electronics, etc.)
• Temporary housing costs: Hotel, rent, meals, storage while displaced
• Lost income: If you couldn't work due to fire displacement
• Emotional distress: Trauma and suffering from losing your home
• Relocation costs: Moving expenses and costs of finding new housing
• Loss of use: Being unable to live in or use your property

Unlike insurance claims which are capped by policy limits, government lawsuits can recover the full value of your damages. This makes government claims especially important if you're underinsured or if your insurance denied your claim.