Can You Sue the Government? Understanding Sovereign Immunity in California

When you’ve been injured due to someone else’s negligence, it’s natural to think about holding the responsible party accountable. But what happens when that party is a government agency? Whether it’s a city department that failed to maintain a safe roadway or a public employee who caused a collision, the rules for suing the government are far from straightforward. That’s where the doctrine of sovereign immunity comes into play—a legal principle that can make or break a case.

In California alone, more than 20,000 claims are filed against state and local government entities each year, according to data from the California Department of General Services. Yet many people are unaware of the strict procedures and deadlines that apply, often losing their right to compensation before they even begin.

At State Law Firm, we know how overwhelming it can feel to go up against a government agency, especially when you’re dealing with serious injuries and mounting bills. As a boutique personal injury law firm based in Sherman Oaks, our team of young attorneys is committed to helping clients navigate complex cases like these. We’ve even guided victims on how to obtain traffic camera footage to support their claims against public agencies.

This article will walk you through the basics of sovereign immunity in California, including when it applies, when it doesn’t, and what steps you’ll need to take if you’re considering legal action against the government. If you’ve been harmed by a public entity, knowing your rights is the first step to taking back control.

Introduction to Sovereign Immunity: What It Means for Legal Action Against the Government

Sovereign immunity is a legal doctrine that historically protected government entities from being sued without their consent. In California, this principle remains in effect—but with significant exceptions. While you generally can’t sue a government agency the same way you might sue a private party, there are specific laws that do allow for legal action under certain conditions.

Understanding sovereign immunity is the first step in determining whether you have a valid case. From accidents caused by government vehicles to injuries sustained due to unsafe public property, knowing when and how to file a claim can be crucial in securing justice.

The Historical Background of Sovereign Immunity in the United States and California

The concept of sovereign immunity tdatesback to English common law, urooted inthe idea that “the king can do no wrong.” This principle was adopted in the United States legal system, where it was interpreted to mean that federal and state governments could not be sued unless they explicitly allowed it.

In California, sovereign immunity evolved through legislation, such as the California Tort Claims Act (CTCA), which provides a framework for holding public agencies accountable under limited circumstances. While the federal government has its own set of rules under the Federal Tort Claims Act (FTCA), California’s system specifically outlines the process and exceptions for holding state and local governments liable.

When Can You Sue the Government? Exceptions to Sovereign Immunity in California

California law makes it clear: while sovereign immunity exists, it’s not absolute. You can sue the government if your claim falls under a statutory exception.

Standard exceptions under the California Tort Claims Act include:

• Personal injury or wrongful death caused by government negligence
  
• Dangerous conditions on public property (e.g., broken sidewalks, unsafe intersections)
• Auto accidents involving government vehicles
  
• Misconduct by public employees acting within the scope of their duties
  

💡 Pro Tip: Claims involving government agencies often have shorter timelines and additional procedural requirements—missing these deadlines can result in your case being dismissed before it even begins.

The Process of Suing a Government Entity: Steps and Requirements

Filing a lawsuit against a government agency in California requires more than just heading to court. You must first file an administrative claim with the appropriate public entity.

Here’s a general step-by-step overview:

1. File a claim with the government agency within 6 months of the incident.
2. Wait for the agency’s response. If denied, you’ll have 6 months to file a lawsuit in court.
3. Prepare your case carefully, including relevant documentation such as medical bills, witness statements, and traffic camera footage.
4. Consult an attorney experienced in governmental claims to ensure compliance with procedural rules.

It’s a detailed process, and even one mistake can derail a strong case. That’s why our team at State Law Firm is here to guide you every step of the way.

Important Considerations: Limitations and Challenges When Suing the Government in California

Government-related lawsuits present unique hurdles that can make them more challenging than typical personal injury cases.

Key challenges include:

• Strict deadlines under the CTCA (as short as 6 months from the date of injury)
• Limited damages caps—especially in claims involving public schools or state agencies
• Heightened burden of proof to demonstrate negligence or breach of duty

Even if your case qualifies under an exception, the procedural rules are non-negotiable. Working with a law firm that understands these nuances can help level the playing field.

The Role of an Attorney: Why You Need Legal Representation When Suing the Government

Government agencies are well-defended. They have legal teams trained to reject or minimize claims. That’s why having an experienced attorney by your side is essential, especially one who knows how to challenge sovereign immunity and build a compelling case.

At State Law Firm, our attorneys are not afraid to take on complex cases. Whether it’s a city department, school district, or state agency, we bring the same level of tenacity and care to every claim. As a boutique law firm, we prioritize quality over quantity, providing each client with the personal attention they deserve.

Understanding Your Rights and Taking Action Against Government Entities in California

While sovereign immunity may sound like a legal barrier, it’s not an impossible one. If you’ve been harmed due to government negligence, there are legal paths forward—and we’re here to help you explore them. Whether you’re recovering from a public transportation injury or a poorly maintained crosswalk, you don’t have to face the legal process alone.

Let us help you determine whether your case qualifies under the law. Connect with us at State Law Firm to get started with a team that truly has your back.