If you were hurt because of a city vehicle, a city employee’s actions or certain conditions on city property in San Antonio, you may have a claim against the City. These claims have a deadline that is much shorter than the usual two-year limit for injury lawsuits: written notice to the City within 90 days of the injury.
Why the deadline is so short
The Texas Tort Claims Act allows some claims against cities, counties and other government units, but it requires the government to receive written notice of the claim within six months of the incident (Texas Civil Practice and Remedies Code § 101.101). The same law allows cities to set shorter notice periods in their charters, and the City of San Antonio’s notice of claim page states that its charter requires written notice within 90 days of the injury. Courts treat these notice requirements as mandatory, and missing them can end a claim.
What the notice should include
Section 150 of the City Charter requires written notice to the City Manager or the City Clerk stating when, where and how the injury happened, the apparent extent of the injury and the amount of damages. The City accepts claims through its online notice of claim form. The charter has additional limits for injuries involving sidewalks, streets and other public ways, so read the City’s instructions closely.
Claims involving CPS Energy, SAWS or VIA Metropolitan Transit are not filed with the City. Each of those agencies has its own claim process.
Other deadlines to keep in mind
- Claims against other government units, such as counties or school districts, have their own notice rules, generally no later than six months under state law.
- Most personal injury lawsuits against private parties must be filed within two years (§ 16.003).
- If the government already had actual notice of the injury, the formal notice requirement may not apply, but you should not rely on that without legal advice.
What to do now
- Write down the date, time and exact location of the incident.
- Photograph the scene, any vehicle involved and your injuries.
- Get medical care and keep your records and bills.
- Talk with a lawyer quickly so the notice can be sent on time.
Read more on our personal injury page.
Talk with an attorney
If you have questions about an injury claim against the City or another government entity, call the Law Offices of Jesus R. Lopez at (210) 224-5245 or send us a message to schedule a consultation, in English or Spanish.
This article is general information about Texas law, not legal advice for your situation. Contacting us does not create an attorney-client relationship. Results depend on the facts of each case.