Q: Can I amend a government negligence claim filed with a school to correct errors if the institution hasn't responded in 45 days?

A: Yes, you can amend your government negligence claim under specific circumstances. According to Government Code § 910.6(a), "A claim may be amended at any time before the expiration of the period designated in Section 911.2 or before final action thereon is taken by the board, whichever is later, if the claim as amended relates to the same transaction or occurrence which gave rise to the original claim."

Since the institution has not responded within the 45-day period, your claim is now deemed to have been rejected by operation of law. Under Government Code § 911.6(c), when a public entity board "fails or refuses" to act on the claim application within 45 days, the claim is deemed denied, unless the parties have agreed to extend the time to act. This rejection by operation of law constitutes "final action" on your claim.

However, you still have options. Government Code § 910.6(b) provides that "A failure or refusal to amend a claim... shall not constitute a defense to any action brought upon the cause of action for which the claim was presented if the court finds that the claim as presented complied substantially with Sections 910 and 910.2 or a form provided under Section 910.4." This means that if your original claim substantially complied with requirements, minor errors in legal terminology may not prevent you from proceeding with your case.

Your next step would be to file a lawsuit within six months from the date your claim was deemed rejected (the 45th day after filing). If you're concerned about the errors affecting your case, we recommend consulting with an attorney experienced in claims against public entities who can review your specific situation and advise on the best course of action.