The short answer

If a city, county, school district, transit agency, state body, or federal agency may be responsible, expect a separate claim-notice step before any lawsuit — and expect it to fall well before the ordinary filing deadline. Missing it can end a claim that was otherwise comfortably in time.

Your reading roadmap

01

Why these claims work differently

Government bodies are generally protected from suit unless a statute permits it, and those statutes attach conditions. The most consequential condition is procedural: a claim usually has to be presented to the entity first, in a particular form, within a particular period. This is a gateway rather than a formality, and courts treat failures to pass through it seriously.

02

The federal route is defined by statute

For claims against the United States arising from a federal employee's conduct, federal law requires that the claim first be presented in writing to the appropriate federal agency, and a suit may not be instituted until the agency denies it in writing. Section 2401(b) of Title 28 provides that such a claim is barred unless it is presented to the agency within two years after it accrues, and unless any action is begun within six months after the mailing of notice of final denial.

03

What happens if a federal agency does not answer

Federal law addresses agency silence directly: if the agency fails to make a final disposition of a claim within six months after it is filed, the claimant may treat that as a denial and proceed. Standard Form 95, titled Claim for Damage, Injury, or Death, is the form commonly used to present such a claim, though the statute and regulations govern what a valid presentation requires.

04

State and local claims follow their own rules

The federal framework above applies to federal defendants only. Each state sets its own scheme for claims against its own agencies and its cities, counties, districts, and authorities — with its own notice period, its own required content, its own recipient, and sometimes its own limits. These periods are frequently much shorter than the ordinary filing deadline, and none of the federal figures above carry across.

  • Identify the entity precisely — owner, operator, and employer may differ
  • Ask immediately whether a claim-notice requirement applies
  • Find out what the notice must contain and who must receive it
  • Note the date and method of every submission you make
  • Keep a copy of the notice and any acknowledgement
  • Track the response window as well as the notice deadline

05

Identifying the defendant is the hard part

It is often not obvious that a government body is involved. A road may be maintained by a different authority than the one that owns it, a bus may be operated under contract, a clinic may be federally supported, and a building may be leased. Because the notice clock can be running while you are still working out who is responsible, this identification step is urgent rather than administrative.

06

Notice is not the whole claim

Presenting a claim is a prerequisite, not the claim itself. The underlying case still has to satisfy whatever the applicable law requires, and immunity provisions may limit which kinds of conduct can be pursued at all. Passing the notice gate does not answer those questions; it simply preserves the ability to ask them.

07

What to do if you may already be late

Ask rather than assume. Whether a period has run depends on the correct entity, the correct start date, and the specific statute, and some schemes contain provisions for late claims in defined circumstances. That analysis is not one to attempt alone, and the possibilities narrow with every week of delay.

FAQ

Frequently asked questions

How do I know whether a government entity is involved?

Often you cannot tell from the scene. Look at signage, ownership records, vehicle markings, employer information, and any report generated at the time, and treat the possibility as live until it is ruled out. Because notice periods can be short, it is safer to raise the question at a first consultation than to investigate at leisure.

Does the two-year federal period apply to my city?

No. The two-year presentation period and the six-month post-denial period described above come from federal law and apply to claims against the United States. Claims against a city, county, school district, or state agency run under that state's own scheme, and those periods are commonly much shorter.

Can I file the notice myself?

It is possible, and where a deadline is imminent getting something properly presented matters more than perfect drafting. The risk is that these schemes often specify what a notice must contain and who must receive it, and a defective notice can be treated as no notice. If you do file one yourself, keep proof of what you sent, to whom, and when.

Official forms and preparation tools

Get organized before you file or ask for help.

Use the preparation aids to collect information. Always obtain legal forms from the court or agency that controls them.

Preparation resourcesThis is a preparation aid, not a legal document. Nothing here is filed with a court or agency, nothing here is legal advice, and completing it does not establish that you have a claim, a defense, or an obligation. Use it to organize your own information so a conversation with a licensed attorney is more productive.
timeline

Injury incident timeline

Fixes the sequence of events while memory is fresh, in the form a lawyer or adjuster can actually use.

Open checklist

How to use it

  1. Write it within days if you can; memory reshapes quickly
  2. Keep it factual and avoid characterising fault
  3. Mark where a record exists and where you are relying on memory
  4. Date the document itself, and do not rewrite it later

Before the incident

  • What you were doing and where you were going
  • Conditions — light, weather, surface, noise
  • Anything you noticed that seemed unsafe
  • Any prior injury to the same part of your body

The incident itself

  • Date and time, as precisely as you can
  • Exact location, including which entrance, aisle, or lane
  • What happened, in sequence
  • What was said at the scene, and by whom
  • Who was present, with contact details

Immediately afterwards

  • Who was notified, and when
  • Report or claim numbers issued
  • Whether photographs were taken, and by whom
  • What was moved, cleaned, or repaired, and when
  • First symptoms, and when they appeared

The days that followed

  • First medical visit and what was said
  • Work missed, and when it began
  • Contact from any insurer, with names and dates
  • Anything you signed or agreed to
Limitations

This is preparation, not a statement to any insurer or court

It does not establish fault or the value of any claim

Completing it does not preserve any filing deadline

It is not legal advice and creates no attorney-client relationship

log

Injury evidence log

Records what evidence exists, where it is, and what is at risk of disappearing before anyone requests it.

Open checklist

How to use it

  1. List what exists before worrying about what it proves
  2. Flag anything on a short retention cycle, especially video
  3. Note who controls each item, not only what it is
  4. Do not alter, clean, repair, or discard anything relevant

Physical evidence

  • Anything involved in the incident, kept unaltered
  • Damaged clothing, footwear, glasses, or equipment
  • Vehicle or property damage, and where it is now
  • Where each item is stored, and who has access

Images and recordings

Video retention cycles are frequently measured in days. Identify who controls footage first.

  • Your own photographs and video, with original timestamps
  • Photographs taken by anyone else, and who has them
  • Nearby cameras — business, doorbell, transit, traffic
  • Who controls each camera, and whether they have been asked

People

  • Witnesses, with phone numbers and how to reach them
  • Anyone who arrived afterwards and saw the conditions
  • Staff or officials who responded
  • Anyone who saw your condition in the days that followed

Documents

  • Incident, police, or store reports and their numbers
  • Correspondence from any insurer, with claim numbers
  • Anything you have signed, with a copy retained
  • Repair estimates, invoices, or property valuations
Limitations

Listing evidence does not preserve it; some items require a formal request

It does not determine what is admissible or what matters legally

It does not preserve any filing deadline

It is not legal advice

log

Medical treatment and expense log

Tracks treatment, costs, and missed work as they happen, so losses are documented rather than reconstructed.

Open checklist

How to use it

  1. Update it weekly; reconstruction months later is incomplete
  2. Record what was billed, what insurance allowed, and what you paid
  3. Note the reason for any gap in treatment at the time it happens
  4. Keep receipts even after a reimbursement

Providers and visits

  • Provider name, specialty, and contact details
  • Date of each visit and what it was for
  • Diagnosis or findings as explained to you
  • Referrals, imaging, and therapy ordered
  • Whether records have been requested, and when

Costs

  • Provider bills, with dates and amounts billed
  • Explanation-of-benefits statements showing allowed and paid amounts
  • What you paid out of pocket, with receipts
  • Prescriptions, equipment, and supplies
  • Travel, parking, and childcare for appointments

Work and income

  • Dates missed, and whether paid or unpaid
  • Sick leave or vacation used
  • Employer confirmation obtained, and from whom
  • Duties you could not perform on return

Daily effect

Specifics carry weight; adjectives do not. Record the shift you could not work, not how bad it felt.

  • A line or two per day: what hurt, what you could not do
  • Specific activities missed, with dates
  • Help you needed that you would not normally need
  • Any reason you missed or stopped treatment
Limitations

This is a private record, not a medical record or a claim submission

It does not establish that any expense is recoverable

It is not medical or legal advice

Records govern where this log and the records disagree

log

Insurer communication log

Creates a dated record of every insurer contact, request, and offer, so nothing rests on recollection.

Open checklist

How to use it

  1. Add an entry during or immediately after every contact
  2. Follow significant calls with a short written summary by email
  3. Record what was requested and under what authority
  4. Keep copies of everything sent to you and everything you sign

The basics for every contact

  • Date, time, and how contact was made
  • Name, company, and whether it is your insurer or another party's
  • Claim number referenced
  • Who initiated the contact

What was asked

  • Information or documents requested
  • Whether a recorded statement was requested
  • Whether an authorization was requested, and its scope
  • What you were told was required, and on what basis

What was said and agreed

  • What you provided or declined to provide
  • Any offer made, and whether it was confirmed in writing
  • Any deadline you were given
  • What was promised, and by when

Documents exchanged

  • Letters and emails received, with dates
  • Anything you signed, with a copy retained
  • Records or bills you sent, and when
  • Anything you asked for in writing and did not receive
Limitations

This is a private record and is not submitted to anyone

Keeping it does not satisfy any policy obligation you may owe your insurer

It does not preserve any filing deadline

It is not legal advice about what you must provide

worksheet

Injury consultation worksheet

Turns a first meeting into an assessment by fixing the facts, the documents, and the questions in advance.

Open checklist

How to use it

  1. Complete the facts and documents sections before the meeting
  2. Bring your declarations page; coverage questions come up immediately
  3. Disclose the awkward facts rather than waiting to be asked
  4. Write the answers down, including who gave them

What happened

  • Date, location, and a short factual sequence
  • Who else was involved, and any report numbers
  • Whether fault has been disputed or assigned to you
  • Whether a government entity or business was involved

Injuries and treatment

  • Injuries diagnosed, and by whom
  • Whether treatment is ongoing or finished
  • Any prior injury to the same body part
  • Any gap in treatment, and the reason for it

Insurance and money

  • Your own declarations page and coverages
  • Any other policy that might apply
  • Health insurance or program that has paid for treatment
  • Losses documented so far, and what is still missing

What you have already done

These change the advice, and every one of them is better raised now than discovered later.

  • Statements given, to whom, and whether recorded
  • Authorizations or documents signed
  • Offers received
  • Any other firm you have spoken with or signed with

Questions to ask

  • What deadline applies to a claim like mine, and where does it come from?
  • Who handles my file, and would it be referred elsewhere?
  • How often does this firm try cases?
  • Are costs deducted before or after the fee is calculated?
  • Do I owe advanced costs if there is no recovery?
  • Who resolves liens and reimbursement claims, and is that inside the fee?
  • What is the weakest part of my claim?
Limitations

This does not evaluate your claim or establish its value

It is not submitted to anyone and collects no information about you

Completing it creates no attorney-client relationship

It does not preserve any filing deadline

Official form referencesForm references are educational. Which form applies, whether it applies to you, and when it must be filed depend on your jurisdiction and your circumstances, and official forms are revised over time. Always obtain the current form from the issuing court or agency, read its official instructions, and confirm with a licensed attorney before relying on it.
Federal · U.S. General Services Administration

SF-95 — Claim for Damage, Injury, or Death

Presents an administrative claim to a federal agency for property damage, personal injury, or death alleged to have been caused by a federal employee acting within the scope of employment.

Form guide
Who may need it

Someone whose claim is against the United States. It does not apply to claims against a state, county, city, school district, or other non-federal public body, each of which has its own separate scheme.

When generally used

Before any lawsuit. Federal law requires a claim to be presented to the appropriate federal agency and denied in writing before an action may be instituted.

Before starting
  • The correct federal agency whose employee is alleged to be responsible
  • Date, time, and place of the incident
  • A description of what happened and the basis of the claim
  • The nature and extent of injury or damage
  • A sum certain — a specific dollar amount claimed
  • Witness names and contact details, where there are any

What the sections ask for

Section explanations describe what a form is asking for in ordinary language. They are not instructions about what any individual should write, and they do not replace the official instructions published with the form.

Agency to which the claim is submitted

Identifies which federal agency is being asked to consider the claim. Presenting to the wrong agency is a common and consequential error.

Basis of claim

A description of the incident and why the claimant says a federal employee is responsible.

Amount of claim

Asks for a specific figure. The requirement that a claim state a sum certain is why this box matters more than it appears to.

Signature and certification

Signed by the claimant or an authorized representative, certifying the claim.

Common mistakes

  • Presenting the claim to the wrong federal agency
  • Using this form for a claim against a state, county, or city body
  • Omitting the sum certain
  • Filing suit before the agency has denied the claim in writing
  • Assuming the standard form is the only acceptable format when the regulations permit other written notification
Get the current form from U.S. General Services Administration

Last source check: 2026-08-20 · awaiting attorney review

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