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How Long Do You Have to File a Personal Injury Claim in California?

If you’ve been injured due to someone else’s negligence in California, you don’t have unlimited time to take legal action. Understanding the deadlines — known as the “statute of limitations” — is one of the most important things to know about protecting your right to compensation.

The General Rule: Two Years

Under California Code of Civil Procedure Section 335.1, most personal injury lawsuits — including those arising from car accidents, slip and fall incidents, and other types of negligence — must be filed within two years from the date of the injury.

Exceptions That Can Change the Deadline

While two years is the general rule, several circumstances can shorten or extend this window:

Claims Against a Government Entity

If your injury involves a government agency — for example, a crash involving a city bus or an accident caused by a dangerous condition on public property — you generally must file an administrative claim within six months of the incident, well before the standard two-year deadline would otherwise apply. Missing this shorter window can permanently bar your claim.

Medical Malpractice Claims

California generally requires medical malpractice claims to be filed within three years of the date of injury, or one year from when the injury was discovered (or reasonably should have been discovered), whichever comes first.

Delayed Discovery of an Injury

In some cases, an injury isn’t immediately obvious. California’s “discovery rule” can extend the filing deadline to begin from the date the injury was discovered, rather than the date it occurred, though this exception is applied narrowly.

Claims Involving Minors

When the injured person is a minor, the statute of limitations is generally paused (tolled) until they turn 18, after which the standard filing period typically begins.

Wrongful Death Claims

Wrongful death claims generally must be filed within two years of the date of death, though the specific facts of a case can affect this timeline.

Why You Shouldn’t Wait

Even though two years may sound like a long time, waiting can hurt your case in several ways. Evidence can disappear, witnesses’ memories fade, and surveillance footage is often erased within days or weeks. Insurance companies also tend to take claims more seriously when they’re pursued promptly. If your deadline passes, California courts will typically dismiss your case entirely, no matter how strong your claim might have been.

What to Do Next

Because filing deadlines can vary significantly depending on the type of claim and who is involved, it’s important to understand your specific situation as early as possible. Our office offers a free consultation to help you understand your rights and the timeline that applies to your case. Contact us today.

This article is for general informational purposes only and is not legal advice. Deadlines and exceptions can vary based on individual circumstances — please consult an attorney about your specific situation.