How long do I have to claim against the public authorities and when does the time limit start?

Question

José Manuel Alburquerque · Accepted Answer

One year. If you were injured, it starts to run when you recover or when the after-effects you will be left with are known, which is normally the day you are discharged from medical treatment. If the damage is only material, such as damage to a car or a pair of glasses, it runs from the day it happened. The time limit is the same throughout Spain, including Catalonia, where the three years allowed for claiming against a private individual for damage outside a contract do not apply to claims against the public authorities. When it starts to run If there are injuries, from recovery or from when the after-effects stabilise, normally on discharge. Later check-ups or rehabilitation to maintain the progress made do not delay the start of the time limit. If the damage is material, from the day it occurred. If the damage is ongoing, such as leaks coming from the street that nobody repairs, the courts usually count the time limit from when it stops. Even so, claim as soon as you notice it, because it is not always clear that damage will be treated as continuing. If there are criminal proceedings over the same events, the time limit does not run while they last and starts to run when you are notified that they have ended. In a claim over a birth handled by the public health service, which was brought against the health service's insurer, the “Tribunal Supremo”, Spain's Supreme Court, pointed out in February 2026 that the time limit does not start until the extent of the damage is truly known. It also said that doubts about when it started must not count against the injured person. How it is counted and how to make sure you are in time The year is counted from date to date. If you were discharged on 10 June 2026, the last day to claim is 10 June 2027. Do not cut it fine, because it is not clear that the time limit is extended if that day is a public holiday. What makes sure you are in time is filing the formal claim with the public authority responsible. Do not rely on a complaint, a general written request or a phone call to interrupt the time limit. If you are unsure which authority is responsible, file the claim within the year with all those that might be. If you claim against the public authority's insurer You can also sue only the public authority's insurer in the civil courts. That route has its own rules. Before suing you must try to reach an agreement with the insurer and, above 2.000 euros, you need a lawyer and a court agent (“procurador”). Moreover, the time limit for this route is not clear. To be on the safe side, always work on the basis of one year, in Catalonia too.