Notice of Claim Deadlines Against Cities and Counties by State (2026)
How long you have to file a written notice of claim against a city or county in each state, and any limits on damages.
| State | Claims against a city or county |
|---|---|
| Alabama | Claims against a city or county (a fall on public property, for example): a tort claim against an Alabama city or town must be presented to the city clerk within six months after it arises or it is barred, and no recovery is allowed on a personal-injury claim unless a sworn statement is filed with the clerk describing how, when and where the injury happened and the damages claimed. Claims against a county must be presented to the county commission within 12 months; a suit cannot start until the commission disallows or reduces the claim, and inaction for 90 days counts as a disallowance. Damages against a local governmental entity are capped at $100,000 for bodily injury or death of one person and $300,000 in the aggregate per occurrence. Ala. Code §§ 11-47-23, 11-47-192, 11-12-8, 6-5-20, 11-93-2, 11-47-190 |
| Alaska | Claims against a city or borough: Alaska law allows a lawsuit against a municipality acting in its corporate character and within the scope of its authority, and a municipality may not require a person to post a bond as a condition of suing it. The statute bars suits based on certain acts, including discretionary functions, permit and license decisions, and failure to inspect or abate hazards on property the municipality does not own or lease. The section read does not set a notice-of-claim deadline or a damage cap. AS 09.65.070 |
| Arizona | Claims against a city, county, school or other public entity (a fall on public property, for example): a notice of claim must be filed with the person authorized to accept service for the public entity within 180 days after the cause of action accrues. It must state facts showing the basis of liability and a specific amount for which the claim can be settled, with facts supporting that amount; a late claim is barred. The claim is deemed denied 60 days after filing unless the claimant is told of a denial in writing sooner, and the lawsuit must be brought within one year after the cause of action accrues. The same law covers state and local public entities; the sections read set no damage cap. A.R.S. §§ 12-821.01, 12-821 |
| Arkansas | Claims against a city, county, school district or other local government: Arkansas law declares counties, municipal corporations, school districts and other political subdivisions immune from liability and from suit for damages, except to the extent they are covered by liability insurance, and bars tort actions against them based on the acts of their agents or employees. The section read does not set a notice-of-claim deadline. Ark. Code Ann. § 21-9-301 |
| California | Claims against a city, county or other government agency: before suing, you must file a written claim with the agency; for a city or county, you contact that city or county to learn how to submit it. A claim for injury to a person or damage to personal property must be filed within 6 months of the injury. The agency has 45 days to respond; if it denies the claim, you have 6 months from the date the rejection was mailed to sue, and if it does not respond, you generally have up to 2 years from the injury to sue. The same Government Claims Act process covers the state and local agencies (state claims go to the Government Claims Program). Judicial Branch of California, Self-Help Guide: Government claims |
| Colorado | Claims against a city, county or other public entity: a written notice of claim must be filed within 182 days after the injury is discovered; this is a jurisdictional requirement and missing it bars the claim. The notice goes to the governing body of the public entity or its attorney (claims against the state go to the attorney general), by registered or certified mail or personal service, and must state the facts, the injury and the amount of damages requested. A lawsuit cannot be filed until the entity denies the claim or 90 days pass. Recovery is capped by statute at $350,000 for one person and $990,000 per occurrence, amounts the statute adjusts every four years for inflation (the Secretary of State publishes the adjusted figures); the same act covers state and local entities. C.R.S. §§ 24-10-109, 24-10-114 |
| Connecticut | Claims against a town, city or borough: a fall or other injury caused by a defective road, bridge or sidewalk requires written notice of the injury, its cause, and the time and place within 90 days, given to a selectman or the town, city or borough clerk, and suit within two years. Other negligence claims against a political subdivision are allowed for negligent acts of its employees, but not for discretionary acts, the condition of natural land or unimproved property, temporary weather conditions on roads without notice, and other listed situations. The sections read set no damage cap. Conn. Gen. Stat. §§ 13a-149, 52-557n |
| Delaware | Claims against a county or city: Delaware local governmental entities are immune from tort suits except where a statute provides otherwise; they are liable for negligence only in listed situations (motor vehicles and equipment, construction, operation or maintenance of public buildings, and sudden pollutant releases). Recovery is capped at $300,000 per occurrence against the political subdivision and its employees combined, including costs, unless the entity carries more insurance. A political subdivision may require notice of claim by ordinance, but cannot bar a suit if notice was given within one year of the occurrence. 10 Del. C. §§ 4011, 4012, 4013 |
| District of Columbia | Claims against the District of Columbia (a fall on a public sidewalk or street, for example): because the District acts as both state and city, one rule covers it. A lawsuit for unliquidated damages to person or property cannot be maintained unless, within six months after the injury, the claimant (or an agent or attorney) gives written notice to the Mayor of the approximate time, place, cause and circumstances of the injury; a written Metropolitan Police Department report made in the regular course of duty also counts as notice. The section read does not set a damage cap or a separate time to sue. D.C. Code § 12-309 |
| Florida | Florida's sovereign immunity waiver statute covers both the State and local governments: 'state agencies or subdivisions' include counties and municipalities. Before suing a city or county, the injured person must present the claim in writing to that city or county within 3 years after the claim accrues (unlike claims against state agencies, a claim against a municipality or county does not also have to be presented to the Department of Financial Services), and the claim must be denied in writing; if there is no final decision within 6 months after filing, the claim is treated as denied. The lawsuit itself must be filed within 4 years after the claim accrues (medical malpractice and wrongful death follow their own deadlines). Recovery is capped at $200,000 per person and $300,000 per incident; any amount above that can be paid only by a further act of the Legislature, and punitive damages and pre-judgment interest are not allowed. Fla. Stat. § 768.28(2), (5)(a), (6)(a), (6)(d), (14) |
| Georgia | Cities: before suing a city for injury to person or property, the injured person must present a written claim to the city's governing authority within six months of the event, stating the time, place and extent of the injury as nearly as practicable, the negligence that caused it, and the specific amount of money damages sought; it must be served on the mayor or the chair of the city council or commission by personal delivery, certified mail or statutory overnight delivery. The city must consider and act on the claim within 30 days, and the statute of limitations is suspended while the claim is pending without action. Counties: all claims against a county must be presented within 12 months after they accrue (persons under a disability get 12 months after it ends). These sections do not set a damage cap. O.C.G.A. §§ 36-33-5, 36-11-1 |
| Hawaii | Before a Hawaii county can be held liable for injuries on its streets, sidewalks or other public places, or for negligence of county officers or employees, the injured person (or someone acting for them) must give written notice within two years after the injury accrued. The notice goes to the person named in the county charter, or if none, to the council chairperson or county clerk, and must state fully when, where and how the injury happened, the extent of the injuries and the amount claimed. The section read does not set a separate waiting period before suit or a damage cap. Haw. Rev. Stat. § 46-72 |
| Idaho | Under the Idaho Tort Claims Act, a claim against a city, county or other political subdivision (or its employee acting within the scope of employment) must be presented to and filed with the clerk or secretary of that political subdivision within 180 days from when the claim arose or reasonably should have been discovered, whichever is later. The government must approve or deny the claim in writing within 90 days; if it does not act, the claim is deemed denied, and once a claim is denied the claimant may sue in district court. Combined liability of a governmental entity and its employees for damages, costs and attorney fees from any one occurrence is limited to $500,000, unless the entity has bought more liability insurance. Idaho Code §§ 6-906, 6-909, 6-910, 6-926(1) |
| Illinois | A lawsuit for an injury against a local public entity (such as a city or county) or its employees must be filed within one year from the date of the injury or when the cause of action accrued. Claims arising out of patient care have a 2-year limit (and no more than 4 years after the event). A local public entity does not have to pay punitive damages. 745 ILCS 10/8-101; 745 ILCS 10/2-102 |
| Indiana | A claim against a political subdivision (such as a city, town or county) is barred unless written notice is filed with its governing body, and with the Indiana political subdivision risk management commission when that applies, within 180 days after the loss. A person who is incapacitated has 180 days after the incapacity ends. The combined liability of all governmental entities is capped at $700,000 per person (for claims accruing on or after January 1, 2008) and $5,000,000 per occurrence, and governmental entities are not liable for punitive damages. IC 34-13-3-8, 34-13-3-9, 34-13-3-4 |
| Iowa | Under Iowa's municipal tort claims law, a person claiming damages from a city, county or other municipality, or its officer, employee or agent, for a wrongful death, loss or injury must start a lawsuit within two years after the death, loss or injury (subject to the extension rules of § 614.8). The section read does not require a separate written notice of claim before suing and does not set a damage cap. Iowa Code § 670.5 |
| Kansas | Before suing a Kansas city, county or other municipality (or its employee) under the Kansas Tort Claims Act, the injured person must file a written notice with the municipality's clerk or governing body giving the claimant's name and address, the date, time, place and circumstances of the event, any officer or employee involved, the nature and extent of the injury, and the amount of damages requested. No lawsuit may be started until the municipality denies the claim or 120 days pass (the claim is deemed denied if not approved in full within 120 days). The suit must be filed within the normal civil statute of limitations, but the claimant has at least 90 days after the denial to sue. Liability under the Act is capped at $500,000 for all claims from a single occurrence, and punitive damages and pre-judgment interest are not allowed. K.S.A. 12-105b(d); 75-6105(a), (c) |
| Kentucky | Kentucky's Claims Against Local Governments Act covers tort suits against cities, counties, fiscal courts and special districts for injuries from defects in public property or from employees' acts. Damages against a local government may not exceed the injured person's total damages reduced by the percentage of fault the jury assigns to others, including the injured person; the Act sets no fixed dollar cap. For injuries from a defective bridge, street, sidewalk, alley or other public way, a written notice must be given to the city (mayor, city clerk or clerk of the board of aldermen) within 90 days. The Act also lists claims for which a local government is not liable, such as discretionary and legislative acts and failure to enforce a law or make an inspection. KRS 65.200; KRS 65.2001; KRS 65.2002; KRS 65.2003; KRS 411.110 |
| Louisiana | One set of laws covers both the state and local governments (parishes, cities and other political subdivisions). Suits must be filed in a Louisiana state court, and total liability for general damages for personal injury or wrongful death to one person is capped at $500,000, not counting property damage, medical care, and lost earnings or support. A public entity is liable for a defective thing in its custody only if it had actual or constructive notice of the defect and a reasonable chance to fix it. The sections reviewed do not set a separate written notice-of-claim deadline before suing a local government; the general filing deadline for injury suits applies. La. R.S. 13:5106(A), (B); La. R.S. 9:2800 |
| Maine | The Maine Tort Claims Act covers both the State and local governments. A written notice of claim must be filed within 365 days after the claim arises (later only for good cause), stating the claimant's name and address, what happened, when and where, any government employee involved, the injury, and the amount of damages claimed; for a town, city or other political subdivision it is filed with a person who could be served with a summons for that entity. The lawsuit must be started within 2 years after the claim arises. Damages, including costs, are capped at $400,000 for all claims from a single occurrence. 14 M.R.S. §§8107, 8110, 8105(1) |
| Maryland | Under Maryland's Local Government Tort Claims Act, a lawsuit for money damages against a local government (such as a county, city or town) or its employees generally cannot be brought unless a written notice of claim stating the time, place and cause of the injury is given within 1 year after the injury. The notice must be delivered in person or by certified mail (for most counties to the county commissioners or council; for Baltimore City to the City Solicitor; for some named counties to the county executive, solicitor or attorney; for other local governments to their corporate authorities). A court may excuse late or missing notice for good cause unless the government shows prejudice, and notice is not required if the government had actual or constructive notice of the injury or the defect within that year. Liability is generally capped at $400,000 per individual claim and $800,000 for all claims from the same occurrence. Md. Code, Cts. & Jud. Proc. §§5-304, 5-303(a) |
| Massachusetts | Under the Massachusetts Tort Claims Act, which covers both the Commonwealth and cities and towns, a claim must first be presented in writing to the public employer's executive officer within 2 years after the injury (for a city or town, presentment to the mayor, city or town manager, city solicitor or town counsel, city or town clerk, or chair of the select board is enough). A lawsuit may be filed only after the claim is denied in writing or 6 months pass without a decision, and no later than 3 years after the injury. Public employers are not liable for prejudgment interest, punitive damages, or more than $100,000 per claimant. For defects in public ways, a separate law requires notice within 30 days and limits a city or town's liability to $5,000. G.L. c. 258, §§4, 2; G.L. c. 84, §§15, 18 |
| Michigan | For an injury caused by a defective highway, the injured person must serve written notice on the governmental agency within 120 days of the injury, giving the exact location and nature of the defect, the injury and known witnesses. Notice may be served personally or by certified mail on someone who can accept legal papers for the agency; for the state, it is filed in triplicate with the clerk of the court of claims. MCL 691.1404 |
| Minnesota | Anyone claiming damages from a Minnesota municipality (city, county, town, school district or other political subdivision) or its employee must present a notice to the municipality's governing body within 180 days after the loss or injury is discovered, stating the time, place and circumstances, the employees involved, and the amount demanded; actual notice of enough facts to alert the municipality or its insurer counts. For wrongful death, notice may be presented within one year, and time while the injured person is incapacitated does not count. For claims arising on or after July 1, 2009, liability is capped at $500,000 per claimant and $1,500,000 for all claims from one occurrence. Minn. Stat. §§466.05, 466.04, subd. 1 |
| Mississippi | The Mississippi Tort Claims Act covers both the state and local governments. At least 90 days before suing, the injured person must deliver a written notice of claim in person or by registered or certified mail (for a county to the chancery clerk, for a city to the city clerk, and for other political subdivisions to the chief executive officer), stating how and when the injury happened, its extent, the people involved, the damages sought and the claimant's residence. Suit must generally be filed within one year; filing the notice pauses that period for 95 days, and after a denial or the end of that pause the claimant has 90 days to sue. Liability for all claims from one occurrence is capped at $500,000, with no punitive damages or prejudgment interest. Miss. Code Ann. §§11-46-11, 11-46-15 |
| Missouri | Missouri keeps sovereign immunity for the state and its political subdivisions except where waived, including for injuries from public employees' negligent driving and from dangerous conditions of public property, and to the extent of liability insurance or self-insurance. The base caps are $300,000 per person and $2,000,000 per occurrence, and no award above the limits may be made; the section also provides for inflation adjustments. Third-class cities and cities of 100,000 or more require written notice to the mayor within 90 days for injuries from defective streets, sidewalks or bridges; the sections read set no general notice-of-claim deadline for other local claims. Mo. Rev. Stat. §§537.600, 537.610.1, 77.600, 82.210 |
| Montana | Claims against a county, city or other political subdivision must be presented to and filed with that entity's clerk or secretary; the same statute sends claims against the state to the Department of Administration (120-day review before suit). The statute does not set a separate notice deadline for local-government claims, so the regular lawsuit deadline applies. Damages against the state or any local government are capped at $750,000 per claim and $1.5 million per occurrence. Mont. Code Ann. §§ 2-9-301(3), 2-9-108 |
| Nebraska | A claim against a city, county, school district or other political subdivision must be made in writing to its governing body within one year after the claim arises, filed with the clerk, secretary or other official who keeps its records (or its law department if the governing body so provides), stating the time and place of the incident and the known facts. A lawsuit must be filed within two years after the claim arises, extended to six months after the governing body mails notice of its final decision or after the claim is withdrawn. Recovery is capped at $1,000,000 per person and $5,000,000 for all claims from one occurrence. Claims against the State of Nebraska are handled under a separate act. Neb. Rev. Stat. §§ 13-905, 13-919, 13-926 |
| Nevada | A person with a tort claim against a city, county or other political subdivision should file it with that political subdivision's governing body within 2 years after the cause of action accrues, but filing the claim is not a condition for bringing a lawsuit. The same statute covers claims against the State (filed with the Attorney General). Awards against the State or a political subdivision may not exceed $200,000 (not counting interest from the date of judgment) and may not include punitive damages. NRS 41.036, 41.035 |
| New Hampshire | Before suing a town, city, county, school district or other local governmental unit, the injured person must notify the unit's clerk by registered mail within 60 days after the injury (or after it was or reasonably could have been discovered) of the date, time and location where it occurred; if the government claims it lacked notice, it must show it was substantially prejudiced. The lawsuit must be filed within 3 years after the injury (or discovery). Liability is capped at $325,000 per person and $1,000,000 per incident, plus interest and costs, with no punitive damages. Claims against state agencies follow a separate statute (RSA 541-B). RSA 507-B:7, 507-B:4 |
| New Jersey | Under the New Jersey Tort Claims Act, a claim for injury or death against a local public entity (city, county, school board, etc.) must be filed with that entity within 90 days after the claim accrues; claims against the State go to the Attorney General or the agency involved. The claimant may sue after six months from when the entity received the notice, and no suit may be filed later than two years after accrual. A judge may allow a late notice within one year after accrual for extraordinary circumstances if the entity is not substantially prejudiced. There is no pre-judgment interest or punitive damages, and pain-and-suffering damages are barred except for permanent loss of a bodily function, permanent disfigurement or dismemberment with medical expenses over $3,600 (or certain sexual abuse claims). N.J.S.A. 59:8-7, 59:8-8, 59:8-9, 59:9-2 |
| New Mexico | Anyone claiming damages from a city, county, school district or other local public body under the Tort Claims Act must present a written notice stating the time, place and circumstances of the injury within 90 days after the occurrence: to the mayor for a municipality, the superintendent for a school district, the county clerk for a county, or the administrative head of any other local public body (claims against the state go to the Risk Management Division). No suit may be maintained unless notice was given or the government had actual notice; time when the injured person was incapacitated (up to 90 days) is not counted, and wrongful-death notice may be given within six months. Liability is capped at $400,000 per person for general damages, $300,000 for medical expenses and $200,000 per property for real property damage, with $750,000 total per occurrence for property and general damages, and no punitive damages or pre-judgment interest. The same law covers state and local public bodies. NMSA 1978, §§ 41-4-16, 41-4-19 |
| New York | Before suing a city, county, town, village, fire district or school district for personal injury, a notice of claim must be served within 90 days after the claim arises, delivered personally or by registered or certified mail to the person designated by law to receive a summons (or an attorney regularly representing the public corporation). The lawsuit may be started only after at least 30 days have passed without the claim being paid or adjusted, and must be commenced within one year and 90 days after the event (two years from death for wrongful death). A court may allow late notice, but not beyond the time limit for starting the lawsuit. Claims against the State of New York go to the Court of Claims under separate rules. N.Y. Gen. Mun. Law §§ 50-e, 50-i |
| North Carolina | Cities and counties in North Carolina are immune from tort suits for governmental functions except to the extent they waive immunity by buying liability insurance, joining a local government risk pool, or adopting a resolution treating a funded reserve as insurance; the waiver extends only to the amount of coverage, and a verdict above policy limits must be reduced to the limit. The city and county sections read do not set a specific statewide notice-of-claim deadline, and the ordinary statute of limitations and any other applicable notice rules still apply. Claims against the State itself go to the Industrial Commission under the State Tort Claims Act (covered separately). N.C. Gen. Stat. §§ 160A-485, 153A-435 |
| North Dakota | Claims against a city, county, school district, park district, township or other political subdivision: the political subdivision liability law (reviewed) has no separate written notice-of-claim step; the lawsuit is brought against the political subdivision and must be started within three years after the claim arises. Liability is capped at $500,000 per person and $2 million for all claims from a single occurrence, and punitive damages are not allowed. Claims against the State itself follow a different law (see government claims). N.D. Cent. Code §§ 32-12.1-03, 32-12.1-04, 32-12.1-10 (reviewed) |
| Ohio | Claims against a city, county, township, school district or other political subdivision: the immunity chapter (reviewed) has no written notice-of-claim step before suing; the lawsuit must be filed within two years after the claim arises (or any shorter period that applies). Punitive damages are not allowed, insurance and other collateral benefits are deducted from the award, and damages that are not actual losses (such as pain and suffering) are capped at $250,000 per person except in wrongful death cases. Political subdivisions are immune except in the situations the statute lists, such as negligent driving by employees, negligent failure to keep public roads in repair, and physical defects in government buildings caused by employee negligence. Ohio Rev. Code §§ 2744.02, 2744.04, 2744.05 (reviewed) |
| Oklahoma | One law, the Governmental Tort Claims Act, covers both the State and political subdivisions. A written claim must be presented within one year after the loss, or it is forever barred; for a city, county or other political subdivision it is filed with the office of the clerk of the governing body, and it must state the date, time, place and circumstances, the amount demanded and the claimant's contact information (plus health care providers and releases for injury claims). Time while the injured person is incapacitated (up to 90 days) does not count. A lawsuit may not be filed until the claim is denied; it is deemed denied if not fully approved within 90 days, and suit must be filed within 180 days after denial. Damage caps are set in § 154 of the Act. 51 Okla. Stat. §§ 156, 157, 154 |
| Oregon | One law, the Oregon Tort Claims Act, covers claims against the State and local public bodies such as cities, counties and districts. Notice of claim must be given within 180 days after the injury (one year for wrongful death), not counting up to 90 days when the injured person cannot give notice because of the injury, minority or incapacity. Formal written notice of a claim against a local public body is given by mail or personal delivery to the public body at its principal administrative office, to any member of its governing body, or to its designated attorney; notice can also be satisfied by actual notice, by filing the lawsuit within the notice period, or by any payment on the claim. The lawsuit must be filed within two years after the injury. Personal injury damages against a local public body are capped per claimant and per occurrence at amounts adjusted each July 1 by the State Court Administrator. ORS 30.275, 30.272 |
| Pennsylvania | Anyone planning to sue a government unit for injury must, within six months after the injury, file in the office of the government unit a signed written statement giving the claimant's and injured person's names and addresses, the date and hour and approximate location of the accident, and any attending physician's name and address (for Commonwealth agencies, also with the Attorney General). If it is not filed, a suit started more than six months after the injury must be dismissed, though the court must excuse the failure on a showing of reasonable excuse; for local governments, up to 90 days of incapacity is not counted, and failure to give notice is not a bar if the government unit had actual or constructive notice of the incident or condition. Damages against a local agency are capped at $500,000 in the aggregate per occurrence, are limited to listed types of loss (pain and suffering only for death or certain permanent injuries with medical expenses over $1,500), and are reduced by non-life insurance benefits. 42 Pa.C.S. §§ 5522(a), 8553 |
| Rhode Island | Before suing a city or town, a claimant must present a particular account of the claim to the town or city council; if the treasurer does not make just satisfaction within 40 days, the claimant may sue the treasurer. For injuries from a defect in a highway, causeway or bridge, written notice of the time, place and cause, signed by or for the injured person, must be presented to the town or city council within 60 days (extended for incapacity), and suit must be filed within three years after the injury. Tort damages against a city, town or fire district are capped at $100,000 unless the government was engaged in a proprietary function; claims against the State follow separate rules (see government claims). R.I. Gen. Laws §§ 45-15-5, 45-15-9, 45-15-10, 9-31-3 |
| South Carolina | One law, the South Carolina Tort Claims Act, covers both the State and political subdivisions. Filing an administrative claim is optional; if filed against a political subdivision, it goes to the political subdivision that employs the employee whose act or omission caused the loss, and it must be received within one year after the loss was or should have been discovered. A claimant who files a claim may not sue until 180 days pass, the claim is disallowed, or a settlement offer is rejected. Suit must be filed within two years after the loss was or should have been discovered (three years if a claim was first filed). Recovery is capped at $300,000 per person per occurrence and $600,000 total per occurrence. S.C. Code §§ 15-78-80, 15-78-90, 15-78-110, 15-78-120(a) |
| South Dakota | No lawsuit for personal injury, property damage or death caused by a public entity (the State, a county, city, school district or other public entity) or its employees may be maintained unless written notice of the time, place and cause of the injury is given within 180 days after the injury. For a city, notice goes to the mayor or city finance officer; for a county, to the county auditor; for a school district, to the superintendent; for other public entities, to the chief executive officer or secretary of the governing board. A court may allow late notice for a minor or incapacitated person if applied for within two years. The notice requirement does not extend the time to sue. SDCL 3-21-2, 3-21-3, 3-21-4 |
| Tennessee | Claims against cities, counties and other local governments fall under the Governmental Tort Liability Act. A lawsuit must be started within 12 months after the cause of action arises and is brought in circuit court (in counties over 850,000 people it may also be brought in general sessions court). For claims arising on or after July 1, 2007, the Act's liability limits are $300,000 for bodily injury or death of one person, $700,000 for all persons in one accident or occurrence, and $100,000 for property damage. Claims against the State of Tennessee go to the Tennessee Claims Commission under separate rules. Tenn. Code Ann. §§ 29-20-305, 29-20-403(b)(4) |
| Texas | Under the Texas Tort Claims Act, a governmental unit, including a city or county, is entitled to written notice of a claim no later than six months after the incident; the notice must describe the injury or damage, the time and place, and the incident. City charters and ordinances may set their own notice periods, which the statute ratifies. The notice requirement does not apply if the government had actual notice of the death, injury or property damage. Liability of a unit of local government is capped at $100,000 per person, $300,000 per occurrence for bodily injury or death, and $100,000 for property damage; for a municipality the caps are $250,000 per person, $500,000 per occurrence and $100,000 for property damage. The same Act covers the State, with its own caps. Tex. Civ. Prac. & Rem. Code §§ 101.101, 101.023(b), (c) |
| Utah | Claims against any Utah governmental entity, including cities, towns, counties, school districts and special districts, go under the Governmental Immunity Act, which covers state and local government alike. A written notice of claim must be filed within one year after the claim arises, delivered to the city or town clerk, the county clerk, the school district superintendent or business administrator, or the special district's board officer as applicable. The entity must acknowledge the notice within 60 days; the claimant may not sue until 60 days after filing the notice and must sue within two years after the claim arises. Judgments for personal injury are capped at the statutory amount ($583,900 per person, $233,600 for property damage, and $3,000,000 aggregate per occurrence as written in the statute), adjusted under a statutory formula. Utah Code §§ 63G-7-401, 63G-7-402, 63G-7-403, 63G-7-604 |
| Vermont | Vermont has no single local-government tort claims act among the statutes read. When a city, town or county buys liability insurance, it waives sovereign immunity up to the policy's coverage and consents to be sued, and a judgment against it cannot exceed the applicable insurance carried. A claim for injury caused by a municipal employee acting within the scope of employment must be brought against the municipality, not the employee, and the municipality may not raise sovereign immunity in that case. For injuries from an insufficient or unrepaired town bridge or culvert, written notice must be given to a selectboard member within 20 days, and a town's liability is capped at $75,000 or its insurance limits, whichever is greater. State claims are under the separate State tort claims act (see injury/government_claims). 29 V.S.A. §§ 1403, 1404; 24 V.S.A. § 901a; 19 V.S.A. §§ 985, 987 |
| Virginia | A negligence claim against a Virginia county, city or town is barred unless a written statement of the nature of the claim, including the time and place of the injury, is filed within six months after the cause of action accrued. The statement goes to the county, city or town attorney or to its chief executive or mayor, and is filed when received. Missing the notice does not bar the claim if the locality's attorney, chief executive or mayor, or its insurer, had actual knowledge of the claim, time and place within the six months; tolling for a claimant under a disability applies. The section does not change local sovereign immunity. State claims are covered separately (see injury/government_claims). Va. Code § 15.2-209 |
| Washington | Claims for damages against any Washington local government (city, county, district) or its officers, employees or volunteers must first be presented to the agent the local government has appointed to receive claims, within the regular time limit for filing suit, on the standard tort claim form kept by the state Department of Enterprise Services. No lawsuit may be filed until 60 calendar days after the claim is presented; the statute of limitations is tolled during that 60-day period. If the local government has not complied with its duty to appoint and record an agent, it cannot raise a defense under this claim-filing law. Claims against the State are covered separately (see injury/government_claims). Rev. Code Wash. § 4.96.020(1)-(4) |
| West Virginia | Claims against West Virginia political subdivisions are governed by the Governmental Tort Claims and Insurance Reform Act. A lawsuit must be filed within two years after the cause of action arose or after the injury was discovered or reasonably should have been discovered, whichever is later (with a longer period for children injured under age 10); the complaint may not state a dollar amount. Punitive damages are not allowed, economic damages are not capped, and noneconomic damages are capped at $500,000 per person. State-agency claims are handled separately (see injury/government_claims). W. Va. Code §§ 29-12A-6, 29-12A-7(a), (b) |
| Wisconsin | Before suing a Wisconsin political corporation, governmental subdivision or agency (such as a city, county, town or village) (or its officers or employees), the injured person must serve written notice of the circumstances of the claim within 120 days after the event (late or missing notice does not bar the claim if the entity had actual notice and was not prejudiced), and must present an itemized claim to the entity's clerk that is then disallowed. If the entity does not act within 120 days after the claim is presented, it is treated as disallowed; a lawsuit must be filed within 6 months after a notice of disallowance is served. Damages recoverable in a tort action against these local entities and their officers or employees are capped at $50,000 ($25,000 for a volunteer fire company). State claims are covered by § 893.82 (see injury/government_claims). Wis. Stat. § 893.80(1d), (1g), (3) |
| Wyoming | Under the Wyoming Governmental Claims Act, which covers both the state and local governments, no lawsuit may be brought unless an itemized written claim stating the time, place and circumstances, the claimant's name and address, and the amount demanded is presented within two years of the act or omission (or within two years after discovery in limited cases). Claims against a county are filed with the county clerk, against a city or town with the city or town clerk, and against other local entities at their business office; local governments need not act on the claim before suit. The lawsuit must be filed within one year after the claim is filed. Liability is capped at $250,000 per claimant and $500,000 for all claimants from one occurrence, unless the entity's insurance extends it. Wyo. Stat. §§ 1-39-113, 1-39-114, 1-39-118 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.