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

A statute of limitations is a hard deadline: file your lawsuit after it passes and the court will dismiss the case no matter how badly you were hurt or how clearly the other side was at fault. California has more than one deadline depending on who is responsible, and at least one of them is far shorter than people expect. This is general information — confirm your specific deadline with a lawyer, because the facts can change it.

The general rule: two years

For most California personal injury claims — car accidents, motorcycle and truck crashes, slip-and-falls, dog bites, and similar — you generally have two years from the date of the injury to file a lawsuit. If you do not file within that window, you almost certainly lose the right to sue.

The six-month trap: claims against the government

If a government entity may be responsible — a city, county, or state — the rules change dramatically. Before you can sue, you generally must file a formal administrative claim with that entity, and the deadline for a personal injury claim is usually just six months from the incident. This comes up more than people realize: a crash caused by a dangerous road condition, a collision with a city or transit vehicle, or an injury on public property can all trigger the six-month rule. Miss it, and your path to court can close before you even knew a government defendant was involved.

Exceptions that can change the clock

• Injured minors: the two-year clock generally does not start until the child turns 18 — but government-claim deadlines can still apply much sooner.
• The discovery rule: for injuries that are not immediately apparent, the clock may start when you knew or reasonably should have known you were harmed.
• Defendant out of state: the deadline may be paused ('tolled') for periods the defendant is absent from California.
• Wrongful death: generally two years, but measured from the date of death.

Why waiting hurts even when you're within the deadline

Even when you have time left, waiting works against you. Evidence disappears, camera footage is overwritten, witnesses' memories fade, and vehicles get repaired. The strongest cases are the ones where someone preserved the facts early. If you are unsure which deadline applies to you — especially if a government entity might be involved — it is worth a free consultation sooner rather than later.