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

In California, you generally have two years from the date of your injury to file a personal injury lawsuit. That rule comes from California Code of Civil Procedure Section 335.1. This deadline is called the statute of limitations, and it is strictly enforced. If you miss it by even one day, your claim is permanently barred, no matter how strong your evidence is or how serious your injuries are. But important exceptions apply in some circumstances and may extend or shorten the deadline. Attorney Damoun Yazdi at The Accident Network Law Group handles personal injury claims throughout Southern California and makes sure all filing deadlines are met.

Key Takeaways

• The standard statute of limitations for personal injury claims in California is two years from the date of injury (CCP Section 335.1)
• Claims against government entities require a tort claim filed within six months under Government Code Section 911.2
• The discovery rule may extend the deadline when an injury is not immediately apparent
• Minors’ claims are tolled until they turn 18, then have two years to file
• Filing a claim with an insurance company does not toll (pause) the statute of limitations for a lawsuit

The Standard Two-Year Deadline

California Code of Civil Procedure Section 335.1 establishes the two-year statute of limitations for personal injury claims. The clock starts running on the date of the injury. For car accidents, this is the date of the collision. For slip-and-fall accidents, it is the date you fell. For dog bites, it is the date of the bite.

The two-year period allows time for your injuries to stabilize, for treatment to reach maximum medical improvement, and for your attorney to build a complete evidence file. However, beginning the process early is always better. Evidence degrades over time, witnesses become harder to locate, and surveillance footage is overwritten within days.

Claims Against Government Entities: Six-Month Deadline

If the party responsible for your injuries is a government entity, the normal two-year deadline does not apply. Under the Government Claims Act (California Government Code Section 911.2), you must file an administrative tort claim with the specific government entity within six months of the date of injury.

This six-month deadline is much shorter and strictly enforced. Failure to file within six months permanently bars your lawsuit. There are extremely limited exceptions, such as incapacity or minority, but they are rarely granted.

Government entities include cities such as the City of Riverside and the City of Costa Mesa, counties such as Riverside County and Orange County, the State of California, Caltrans, public school districts, and public transit agencies. If a government-maintained road, a public sidewalk, a government building, or a public vehicle caused your injuries, the six-month deadline likely applies.

The Discovery Rule

The discovery rule extends the statute of limitations in cases where the injury is not immediately apparent. Under the discovery rule, the two-year clock does not start until the plaintiff knew or should have known about the injury through the exercise of reasonable diligence.

This rule most commonly applies in cases involving toxic exposure where illness develops years after exposure, medical malpractice where a surgical error is not discovered until later, and latent injuries where symptoms do not appear for weeks or months after an accident.

However, the discovery rule does not apply when the injury was obvious at the time of the accident. If you were in a car accident and felt pain immediately, the clock started on the date of the accident even if you did not seek medical treatment immediately.

Minors and the Statute of Limitations

When the injured person is a minor (under 18), California tolls (pauses) the statute of limitations until they turn 18. After turning 18, the two-year clock starts running. This means a minor injured at age 10 has until age 20 to file a personal injury lawsuit.

However, this tolling does not apply to government tort claims. A minor’s parent or guardian must file the six-month government tort claim on the minor’s behalf if a government entity caused the injury.

Medical Malpractice: Different Deadlines

Medical malpractice claims in California are governed by Code of Civil Procedure Section 340.5, which provides three years from the date of injury or one year from the date the plaintiff discovered or should have discovered the injury, whichever occurs first. These different deadlines reflect the more complex causation issues in medical malpractice cases.

Why You Should Not Wait

Two years may seem like ample time, but waiting creates serious risks to your claim. Evidence degrades: surveillance footage is overwritten, physical evidence is repaired or cleaned up, and witnesses’ memories fade. Witnesses relocate and become harder to find. Preservation of electronic data, such as vehicle black boxes and phone records, becomes more difficult. Your attorney needs time to conduct a thorough investigation, obtain medical records, work with experts, and build a demand package before the deadline.

Contacting an attorney promptly also allows your attorney to preserve evidence immediately, identify all liable parties, and manage communications with insurance companies to prevent you from making statements that could hurt your claim.

Contact a California Personal Injury Attorney

Do not wait to consult an attorney about your personal injury claim. Attorney Damoun Yazdi at The Accident Network Law Group, with 12+ years of experience and a background as a former law clerk at the LA County DA’s Office, can evaluate your case and ensure no deadlines are missed. Free consultations, contingency basis. Our team serves Riverside, Costa Mesa, Rancho Cucamonga, Apple Valley, Victorville, Bakersfield, and throughout Southern California. Se habla espanol.

Legal Disclaimer

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.