Six months. Then the claim is gone.
D.C. Code § 12-309 requires written notice to the Mayor within six months of the injury before anyone can sue the District of Columbia for unliquidated damages. Miss it and the claim is barred: not weakened, barred, no matter how strong it was.
The rule catches an enormous number of valid claims. People spend the first six months in treatment, or dealing with an insurer, or waiting for a police report, and by the time they see a lawyer the door has closed. A timely police report can satisfy the requirement in some circumstances, but that is a narrow and fact-specific rule and not something to rely on.
What the notice has to contain
The approximate time, place, cause, and circumstances of the injury. Vague is not good enough. The District litigates the adequacy of these notices, and a notice that omits the cause or misstates the location can fail even when it was filed on time.
If you were hurt on District property, a District sidewalk, or by a District vehicle or employee, call today rather than next month.
We have brought claims against the District, and it has paid them. In one matter, a pedestrian injured at a public roadway construction site recovered from both the private contractor's insurer and the District itself.
How long do I have to sue the District? → · Claims against the federal government →
Is it really a District claim?
Not every public vehicle or public space in Washington belongs to the District, and the notice rule above applies only to claims against the District of Columbia. Getting the defendant right is the first step, because each one has its own deadline.
- Federal property, vehicles, and employees. If a federal employee or vehicle caused the injury, the claim runs under the Federal Tort Claims Act, which requires a written administrative claim to the right federal agency within two years (28 U.S.C. § 2401(b)). See claims against the federal government.
- Metro. Metrobus and Metrorail are run by WMATA, and claims against it follow different rules than claims against the District. See WMATA and Metro injuries.
- Maryland and Virginia governments. A claim against a Maryland county or city generally requires written notice within one year, delivered to the official the statute names for that government (Md. Code, Cts. & Jud. Proc. § 5-304(b), (c)). A negligence claim against a Virginia county, city, or town requires a written statement within six months, filed with the locality's attorney, chief executive, or mayor, subject to a narrow actual-knowledge exception (Va. Code § 15.2-209(A), (B)). See claims against Maryland governments and claims against Virginia governments.
For a side-by-side look at these rules, read the DMV Injury Guide chapter on injuries involving a government vehicle, Metro, or public property.
Frequently asked questions
How long do I have to notify the District of Columbia of an injury claim?
Six months. Before you can sue the District for unliquidated damages, you or your lawyer must give written notice to the Mayor within six months after the injury (D.C. Code § 12-309(a)). Missing the deadline bars the claim no matter how strong it is.
What does a § 12-309 notice have to say?
It must state the approximate time, place, cause, and circumstances of the injury (D.C. Code § 12-309(a)). The District challenges notices that are vague about the cause or wrong about the location, so precision matters even when the notice is on time.
Does a police report count as notice to the District?
Sometimes. A written report by the Metropolitan Police Department made in the regular course of duty is sufficient notice under the statute (D.C. Code § 12-309(a)). Whether a particular report says enough about the cause and circumstances is fact-specific, so we do not rely on it when a proper notice can still be sent.
How long do I have to file the lawsuit itself?
Generally three years from the injury (D.C. Code § 12-301(8)), but the six-month notice must be given first. Some claims have shorter limitation periods, such as one year for assault and battery (§ 12-301(4)).
Is a Metro bus or a federal vehicle a District vehicle?
No. Metrobus and Metrorail are run by WMATA, and federal vehicles and employees fall under the Federal Tort Claims Act, which requires an administrative claim within two years (28 U.S.C. § 2401(b)). Each has its own rules, so identifying the right defendant comes first.
Related reading
- Suing the District of Columbia: the § 12-309 six-month notice
- Suing D.C. when police or 911 fail: the public duty doctrine
- Sidewalk snow in D.C.: what the law requires and who pays
- Injured by construction in D.C.: bystander and passerby claims
- Blair v. District of Columbia and when the District answers for its officers
- DMV Injury Guide: government vehicles, Metro, and public property
- DMV Injury Guide: deadlines and the timeline of a case
Talk to a D.C. injury lawyer today
Notice to the Mayor is due within six months of the injury, and a defective notice can bar the claim. Call now so the notice is drafted, delivered, and documented correctly.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.