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

In California, there's a hard deadline for filing a personal injury lawsuit called the statute of limitations. Miss it, and you can lose the right to recover anything — no matter how strong your case is. Here's how much time you have, and the exceptions that can change it.

The general rule: two years

For most personal injury claims — car accidents, slip and falls, and other negligence cases — you generally have two years from the date of the injury to file a lawsuit. Claims for property damage (like your vehicle) generally have a longer three-year window.

Claims against a government entity: act fast

If your injury involved a government entity — a city bus, a dangerous public road, or a government employee — the rules are much stricter. You typically must file a formal administrative claim with the agency within six months of the injury, long before a normal lawsuit deadline. Missing that short window can end your case before it starts.

When the clock can pause or start later

Certain situations change the timeline. Under the "discovery rule," the clock may not start until you knew (or reasonably should have known) you were injured. For minors, the deadline is generally paused until they turn 18. And periods of legal incapacity can also pause the clock. These exceptions are fact-specific, so don't assume one applies without checking.

Medical malpractice is different

Medical malpractice claims follow their own rule: generally one year from when you discovered the injury, or three years from the date of injury, whichever comes first. Because these deadlines are shorter and more complex, timing matters even more.

Why you shouldn't wait

Even with two years, waiting hurts your case. Evidence disappears, vehicles get repaired, witnesses forget, and memories fade. The sooner you act, the stronger your claim — and a free consultation will confirm exactly which deadline applies to your situation.