united states · 51 jurisdictions checked

Hurt by a city bus or a pothole? Check this deadline first.

By MyClaimWorth EditorialPublished 27 September 202612 min read

Most people know there is a deadline for suing after an accident, usually two or three years. Far fewer know about the second, much shorter deadline that applies when the other side is a government: a city bus, a school bus, a police car, a county truck, or a pothole the city never fixed. Miss that one and a strong claim can end before it starts. We checked the rule for every state and the District of Columbia in September 2026.

The short answer.

When a city, county, school district or state agency causes an injury, most states require formal written notice long before the normal filing deadline. In 24 states and the District of Columbia at least one notice window is about six months or shorter. The tightest are 30 days for road defects in Massachusetts, 60 days for New Hampshire towns and 90 days in New York, New Jersey and New Mexico. Forty states also cap what the government pays, from $50,000 against Wisconsin local governments to $2,708,100 against the State of Oregon.

90 days

to give notice in New York, New Jersey and New Mexico.

24 + DC

have a notice window of about six months or less.

$200,000

Florida's per person cap, unchanged after the June 2026 veto.

Why government claims are different

Governments start from immunity. Every state has passed a law that lets people sue it and its cities in some situations, and those laws come with conditions attached. The most common condition is notice: a written statement, sent to the right office within a set number of days, telling the government what happened and what you are claiming. Courts in many states treat that step as a hard requirement, not a formality.

The second condition is a cap. Even when the government is plainly at fault, the law may limit how much it pays, no matter how serious the injury. Put the two together and the practical advice is simple: when a public vehicle, public road or public building is involved, find the notice deadline before you do anything else, then find the cap.

Notice deadlines by the numbers (2026)

These are the shortest windows we found, grouped by length:

Notice window	Where it applies
30 days	Massachusetts, for injuries from a road or sidewalk defect
60 days	New Hampshire towns
90 days	New York, New Jersey and New Mexico; Kentucky cities and large Missouri cities for street defects; Connecticut towns for road defects
120 days	Wisconsin; Michigan for road defects
180 days	Arizona, Colorado (182 days), Idaho, Indiana local government, Minnesota, Oregon, South Dakota, and North Dakota state claims
6 months	California, Pennsylvania, Texas, the District of Columbia; Alabama and Georgia cities; Connecticut and Virginia localities; Michigan state claims

Checked September 2026 against the statutes listed in the chart below. Several states set different windows for the state and for local government.

At the other end, some states have no separate notice step at all for local government. Iowa, Ohio and West Virginia simply require you to sue within two years, Illinois within one year, and South Carolina makes its claim form optional. Florida and North Carolina give three years, among the longest windows in the country.

Every state and DC in one chart

Each state name opens its guide on this site. Deadlines run from the date of the injury unless the chart says otherwise, and the law column lists the statutes so you can check the details.

State	Deadline to give notice	Cap on what government pays	Law
Alabama	Cities: 6 months. Counties: 12 months. State: 1 year to the Board of Adjustment.	Cities and counties: $100,000 per person, $300,000 per occurrence.	Ala. Code §§ 11-47-23, 11-12-8, 41-9-65, 11-93-2
Alaska	No special notice rule. The normal 2 year filing deadline applies.	No special cap for government claims.	Alaska Stat. §§ 09.10.070, 09.50.250
Arizona	180 days to file a notice of claim, then 1 year to sue.	None. The state constitution bars damage caps.	A.R.S. §§ 12-821.01, 12-821; Ariz. Const. art. 2, § 31
Arkansas	No special notice rule. State claims go to the State Claims Commission.	Cities and counties are immune except up to their insurance; vehicle coverage of at least $25,000 per person.	Ark. Code §§ 21-9-301, 21-9-303, 19-10-209
California	6 months to present a claim to the public entity.	None.	Cal. Gov. Code § 911.2
Colorado	182 days from discovering the injury.	$505,000 per person, $1,421,000 per occurrence for claims from January 1, 2026.	C.R.S. §§ 24-10-109, 24-10-114
Connecticut	Towns: 6 months notice of intent, 90 days for road defects. State: 1 year to the Claims Commissioner.	No general cap.	Conn. Gen. Stat. §§ 7-465, 7-101a, 13a-149, 4-148
Delaware	Towns may require notice by ordinance, but notice within 1 year always preserves the claim.	Counties and towns: $300,000 per occurrence, or the insurance limit if higher.	10 Del. C. § 4013
District of Columbia	6 months to notify the Mayor. A police report can count as notice.	None.	D.C. Code § 12-309
Florida	3 years to present the claim to the agency and the Department of Financial Services.	$200,000 per person, $300,000 per incident.	Fla. Stat. § 768.28
Georgia	Cities: 6 months. Counties: 12 months. State: 12 months.	State: $1 million per person, $3 million per occurrence.	O.C.G.A. §§ 36-33-5, 36-11-1, 50-21-26, 50-21-29
Hawaii	Counties: written notice within 2 years. State: 2 years.	None.	Haw. Rev. Stat. §§ 46-72, 662-4
Idaho	180 days for the state and for cities and counties.	$500,000 per occurrence.	Idaho Code §§ 6-905, 6-906, 6-926
Illinois	Local: no notice, but you must sue within 1 year. State: 1 year in the Court of Claims.	State: $2,629,104 in 2026, not for state vehicle crashes. Local: none.	745 ILCS 10/8-101; 705 ILCS 505/8, 505/22-1
Indiana	Cities, counties and schools: 180 days. State: 270 days.	$700,000 per person, $5 million per occurrence.	Ind. Code §§ 34-13-3-8, 34-13-3-6, 34-13-3-4
Iowa	No notice rule for cities; sue within 2 years. State: written claim within 2 years.	No general cap.	Iowa Code §§ 670.5, 669.13
Kansas	Written notice before suing, then up to 120 days to wait; no separate short deadline.	$500,000 per occurrence.	K.S.A. §§ 12-105b(d), 75-6105
Kentucky	Cities: 90 days for street and sidewalk defects. State: 1 year to the Board of Claims.	State: $250,000 per claim, $400,000 per occurrence.	KRS §§ 411.110, 49.120, 49.040
Louisiana	No special notice rule. The normal filing deadline applies.	$500,000 for general damages; medical care and lost earnings are outside the cap.	La. R.S. 13:5106
Maine	365 days.	$400,000 per occurrence.	14 M.R.S. §§ 8107, 8105
Maryland	1 year for local government and for the state.	Local: $400,000 per claim, $800,000 per occurrence. State: $400,000 per claimant.	Md. Cts. & Jud. Proc. §§ 5-303, 5-304; State Gov. §§ 12-104, 12-106
Massachusetts	2 years for written presentment. Road defects: 30 days.	$100,000 per plaintiff.	Mass. Gen. Laws ch. 258, §§ 2, 4; ch. 84, § 18
Michigan	Road defects: 120 days. State: 6 months for injury claims.	No general cap.	MCL §§ 691.1404, 600.6431
Minnesota	180 days for cities and for the state.	$500,000 per claimant, $1.5 million per occurrence.	Minn. Stat. §§ 466.05, 466.04, 3.736
Mississippi	Notice at least 90 days before suing, within the 1 year limit.	$500,000.	Miss. Code §§ 11-46-11, 11-46-15
Missouri	Street defects in cities over 100,000 people: 90 days.	$300,000 per person and $2 million per occurrence in the statute, adjusted each January for inflation.	RSMo §§ 82.210, 537.610
Montana	State claims go first to the Department of Administration, which has 120 days to decide.	$750,000 per claim, $1.5 million per occurrence.	Mont. Code Ann. §§ 2-9-301, 2-9-108
Nebraska	Cities and counties: written claim within 1 year. State: within 2 years.	Cities and counties: $1 million per person, $5 million per occurrence.	Neb. Rev. Stat. §§ 13-919, 13-926, 81-8,227
Nevada	Claim within 2 years, but it is not required before suing.	$200,000 per claimant.	NRS §§ 41.036, 41.035
New Hampshire	Towns: 60 days, by registered mail.	Towns: $325,000 per person, $1 million per incident. State: $475,000 per claimant.	RSA 507-B:7, 507-B:4, 541-B:14
New Jersey	90 days; late notice up to 1 year only with court permission.	No dollar cap, but pain and suffering only for permanent injury with over $3,600 in medical costs.	N.J.S.A. 59:8-8, 59:8-9, 59:9-2
New Mexico	90 days.	$400,000 per person, plus up to $300,000 for medical expenses.	N.M. Stat. §§ 41-4-16, 41-4-19
New York	90 days for cities, counties and the state.	None.	N.Y. Gen. Mun. Law § 50-e; Court of Claims Act § 10
North Carolina	No notice rule. State claims: 3 years at the Industrial Commission.	State: $1 million per person. Cities and counties: immune except up to their insurance.	N.C. Gen. Stat. §§ 143-291, 143-299, 160A-485
North Dakota	State: 180 days. Cities and counties: no notice; sue within 3 years.	$500,000 per person, $2 million per occurrence.	N.D. Cent. Code §§ 32-12.2-04, 32-12.1-10, 32-12.1-03
Ohio	No notice rule for local government; sue within 2 years.	Local: $250,000 for noneconomic loss, unless the injury is permanent and severe.	Ohio Rev. Code §§ 2744.04, 2744.05
Oklahoma	1 year.	$250,000 per claimant; $375,000 for the state and cities or counties of 150,000 or more, since November 1, 2025.	51 Okla. Stat. §§ 156, 154
Oregon	180 days.	Local: $902,700 per claimant. State: $2,708,100. For claims from July 1, 2026.	ORS §§ 30.275, 30.272, 30.271
Pennsylvania	6 months.	Local: $500,000 per occurrence. State: $250,000 per plaintiff, $1 million per occurrence.	42 Pa.C.S. §§ 5522, 8553, 8528
Rhode Island	Present the claim to the council first; it has 40 days to pay before you can sue.	$100,000.	R.I. Gen. Laws §§ 45-15-5, 9-31-2, 9-31-3
South Carolina	No notice required. Sue within 2 years, or 3 if you file a verified claim within 1 year.	$300,000 per person, $600,000 per occurrence.	S.C. Code §§ 15-78-80, 15-78-110, 15-78-120
South Dakota	180 days.	Local: up to the entity’s insurance or risk pool coverage.	S.D. Codified Laws §§ 3-21-2, 21-32A-1
Tennessee	Local: no notice; sue within 1 year. State: notice to the Claims Commission within 1 year.	Local: $300,000 per person, $700,000 per occurrence. State: $300,000 per claimant, $1 million per occurrence.	Tenn. Code §§ 29-20-305, 29-20-403, 9-8-402, 9-8-307
Texas	6 months; city charters can set their own notice period.	State and cities: $250,000 per person, $500,000 per occurrence. Counties and other local units: $100,000 and $300,000.	Tex. Civ. Prac. & Rem. Code §§ 101.101, 101.023
Utah	1 year.	$963,800 per person, $3,879,500 per occurrence for incidents from July 1, 2026.	Utah Code §§ 63G-7-402, 63G-7-604
Vermont	No general notice statute.	State: $500,000 per person, $2 million per occurrence.	12 V.S.A. § 5601
Virginia	Cities, counties and towns: 6 months. State: 1 year.	State: $100,000, or the insurance limit if higher.	Va. Code §§ 15.2-209, 8.01-195.6, 8.01-195.3
Washington	File a claim first, then wait 60 days before suing.	None.	RCW §§ 4.96.020, 4.92.100, 4.92.110
West Virginia	No notice rule for local government; sue within 2 years.	Local: $500,000 for noneconomic loss.	W. Va. Code §§ 29-12A-6, 29-12A-7
Wisconsin	120 days for written notice of the injury, plus an itemized claim.	Local: $50,000. State employees: $250,000.	Wis. Stat. §§ 893.80, 893.82
Wyoming	Itemized claim within 2 years, then 1 year to sue.	$250,000 per claimant, $500,000 per occurrence.	Wyo. Stat. §§ 1-39-113, 1-39-118

Checked in September 2026. Several caps are adjusted for inflation each year, including Colorado, Illinois, Missouri, Oregon and Utah. City charters and county rules can add their own notice steps. Claims against the federal government follow the Federal Tort Claims Act instead.

Florida's 2026 veto

Florida's caps have been $200,000 per person and $300,000 per incident for years. In 2026 the Legislature voted to raise them to $350,000 and $500,000. HB 145 passed the Senate 36 to 0 and the House 108 to 1, and it reached the Governor on June 15, 2026. The Governor vetoed it on June 30, so the old caps stand.

The caps matter more in Florida than the numbers suggest. A jury can still return a larger verdict, but anything above the cap can only be paid if the Legislature passes a separate claim bill for that one person. For a family hit by a county vehicle, the cap often decides the real value of the case. Our guide to Florida's HB 837 reform covers the other big change to Florida injury claims.

School bus season

September puts millions of children back on school buses. NHTSA counted 1,069 people killed in school transportation crashes from 2015 to 2024, about 107 a year. Most of them, 70 percent, were in other vehicles, and 204 were school age children.

If a bus run by a public school district was involved, the claim is usually a claim against local government, and the notice rules in the chart apply. Many districts hire private companies to run their buses, and a claim against a private operator follows the ordinary rules instead. Until you know who owned and ran the bus, treat the shorter government deadline as the one that counts.

What a notice has to say

The exact form differs, but most states ask for the same core facts. Some cities publish their own claim form, and Washington requires its standard tort claim form or the local version.

Who you are. Your name and address, and your lawyer's if you have one.
When and where. The date, time and exact place of the injury. For a road defect, describe the spot precisely.
What happened. A short account of how it happened and which vehicle, employee or property was involved.
Your injuries. What was hurt and the treatment so far.
The amount. Several states require a figure. Arizona wants a specific amount with the facts behind it, and Kansas and Wisconsin ask for the damages or an itemized statement.
Proof of delivery. Send it to the office the law names, such as the clerk, the mayor or the attorney general, and keep proof. New Hampshire requires registered mail.

If you think you missed it

Do not assume the claim is gone. A few states build in real exceptions. New Jersey lets a judge accept late notice up to one year after the injury in some cases, if the government was not substantially prejudiced by the delay. Maryland, Virginia and Texas do not require formal notice if the government already knew about the injury or the defect. In Washington, DC, a written police report counts as notice. Maine gives injured minors 365 days after they turn 18. These exceptions are narrow, so the time to use them is now.

Two clocks, not oneGiving notice does not replace the deadline to sue. In most states you must still file the lawsuit within the normal limit, and some states, such as Arizona and Wyoming, set a separate and shorter time to sue once the notice is in. Check both in our filing deadlines guide.

For how the rest of the claim is valued, see personal injury settlement by state and the average car accident settlement ranges.

Common questions

How long do I have to file a claim against a city?

It depends on the state, and it is often far shorter than the normal deadline for suing. New York, New Jersey and New Mexico give 90 days, New Hampshire towns 60 days, and Massachusetts only 30 days for injuries from a road or sidewalk defect. Many other states allow six months or 180 days. A few, such as Iowa, Ohio and West Virginia, have no separate notice step for local government but still require you to sue within one or two years.

What is a notice of claim?

It is a short written statement you send to the government body before you can sue it. It usually gives your name and address, the date, time and place of the injury, how it happened, what injuries you suffered and, in some states, the amount you are claiming. Arizona, for example, requires a specific amount and the facts supporting it. The notice gives the government a chance to investigate and settle before a lawsuit is filed.

Do I need a notice of claim if a school bus hit my car?

If the bus belonged to a public school district, very likely yes, because a school district is a unit of local government in most states. If the district contracts its busing to a private company, a claim against that company usually follows the ordinary rules instead. Because it is not always obvious who owned or ran the bus, it is safest to act as if the government deadline applies until you know otherwise.

Is there a cap on how much you can get from the government?

In most states, yes. Forty states limit what a government body pays for an injury claim in some way, from $50,000 against Wisconsin local governments to $2,708,100 against the State of Oregon for claims from July 1, 2026. Alaska, Arizona, California, Connecticut, Hawaii, Iowa, Michigan, New Jersey, New York, Washington and the District of Columbia have no general dollar cap, though New Jersey limits pain and suffering awards.

What happens if I miss the notice deadline?

In many states the claim is simply barred, even if the injury was serious and the government was clearly at fault. Some states soften the rule. New Jersey lets a judge allow late notice up to one year after the injury in some cases, and Maryland, Virginia and Texas do not require formal notice when the government already knew about the injury or the defect. If you think you are late, get advice quickly rather than assuming the claim is gone.

Did Florida raise its sovereign immunity caps in 2026?

No. The Legislature passed HB 145, which would have raised the caps from $200,000 to $350,000 per person and from $300,000 to $500,000 per incident. It passed the Senate 36 to 0 and the House 108 to 1, but the Governor vetoed it on June 30, 2026. The caps stay at $200,000 and $300,000, and any larger judgment can only be paid through a claim bill passed by the Legislature.

How long do I have to file a claim against the federal government?

Under the Federal Tort Claims Act you have two years to present a written claim to the federal agency involved, for example after a crash with a postal truck. If the agency denies it, you then have six months from the denial to file suit. Federal claims do not follow the state rules in the chart.

The bottom line

When a government vehicle, road or building is involved in an injury, the normal two or three year deadline is not the one to watch. Find the notice deadline in the chart, send the notice to the right office with proof of delivery, and only then worry about the rest. In 24 states and DC that window can be six months or less.

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Sources

Method and editorial note. We read the current statute for each deadline and cap, and the official adjustment notice where a cap moves with inflation. Where an official site was unavailable, we confirmed the text through published copies of the code. This guide explains the law in general terms and is not legal advice. See our full disclaimer.

Cite this article: “According to MyClaimWorth's September 2026 review of all 50 states and DC, 24states and the District of Columbia have at least one notice of claim window of about six months or less for injury claims against government, including 90 days in New York, New Jersey and New Mexico, and 40 states cap what government pays. Florida's caps remain $200,000 per person and $300,000 per incident after the Governor vetoed HB 145 on June 30, 2026.” MyClaimWorth.com, September 2026. https://myclaimworth.com/articles/notice-of-claim-deadlines-by-state