In California, the statute of limitations for most personal injury claims is two years from the date of the injury, under Code of Civil Procedure § 335.1. If a city, county, state agency or other public entity is responsible, you must usually present a written government claim within six months, under Government Code § 911.2. Missing either deadline can end the claim.
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| Most injury claims | Two years from the injury (Code Civ. Proc. § 335.1) |
|---|---|
| Public entities | Written claim within six months (Gov. Code § 911.2) |
| Property damage | Generally three years (Code Civ. Proc. § 338) |
| Injured children | Time usually does not run until age eighteen, with important exceptions |
| Attorney fee | 33% contingency; no attorney's fee unless there is a recovery, though case costs and expenses may still apply |
| First consultation | Free, about thirty minutes, in English, Armenian, Russian or Spanish |
What is the statute of limitations for personal injury in California?
The personal injury statute of limitations in California is two years from the date of the injury for most claims. It comes from Code of Civil Procedure § 335.1. A court can dismiss a lawsuit filed after that date, however strong the facts are.
The two years covers most car accident claims, slip and fall claims and construction site injury claims. It is a deadline for filing a lawsuit in court, not for reporting the accident or opening an insurance claim. Talking to an insurer, even for months, does not stop it running.
The deadline falls on the same calendar date two years later. An injury on March 3, 2026, for example, generally needs a lawsuit on file by March 3, 2028. If the last day falls on a weekend or court holiday, Code of Civil Procedure § 12a extends it to the next court day. Even so, relying on that margin is a risk no one needs to take.
A wrongful death claim by the family also has two years. That time counts from the date of death rather than the date of the accident.
Which deadlines apply to your claim?
Different kinds of claim carry different deadlines, and one accident can involve several at once. The table sets out the most common ones.
| Kind of claim | Deadline | Source |
|---|---|---|
| Personal injury or wrongful death lawsuit | Two years | Code Civ. Proc. § 335.1 |
| Claim against a California public entity | Six months to present a written claim | Gov. Code § 911.2 |
| Claim involving a federal vehicle or employee | Two years to present a written claim to the agency | 28 U.S.C. § 2401(b) |
| Damage to a vehicle or other property | Generally three years | Code Civ. Proc. § 338 |
| Medical negligence | One year from discovery, three years at most, with exceptions | Code Civ. Proc. § 340.5 |
How long do you have to file a claim against a government entity?
A personal injury claim against a California city, county, school district, transit agency or state agency needs a different first step. You usually must present a written government claim within six months of the injury, under Government Code § 911.2. You cannot usually sue until the entity rejects that claim or leaves it unanswered.
- Present the claim A written claim to the public entity within six months of the injury. Use its form, or include the information the Government Code requires.
- The entity responds It generally has 45 days to act under Government Code § 912.4. If it does not act, the law treats the claim as rejected.
- File suit Under Government Code § 945.6, a lawsuit is generally due within six months of a written rejection notice. If the entity gave no written notice, the time is generally two years from the injury.
The claim itself is short, but its content matters. Under Government Code § 910, it has to give the claimant’s name and address and the date, place and circumstances of the incident. It also needs a general description of the injury and, where known, the names of the public employees involved. A claim sent to the wrong agency, or missing required information, can cause problems later.
If the six months has already passed
In that case, Government Code § 911.4 allows an application to present a late claim. You must apply within a reasonable time, and no later than one year after the injury. The entity grants it only on specific grounds, such as excusable neglect or the claimant’s incapacity. If it refuses, a court petition may follow.
The government claim deadline catches people out because a public entity may not be obvious. A Metro bus, a city trash truck, a county hospital parking structure or a dangerous public road all bring the six-month rule into play.
When does the clock start running?
The clock usually starts on the day of the injury. In some cases, it starts later, when you discovered or reasonably should have discovered that someone’s wrongdoing caused your injury.
This delayed discovery rule matters most for injuries that develop over time. Exposure to a harmful substance and a medical error found later are typical examples. However, it does not help where you knew you were hurt and knew how, even if you did not yet know how serious the injury was. A car accident or a fall usually starts the clock on the day it happens.
Does the deadline change for children?
For most claims, the personal injury statute of limitations does not begin until a child turns eighteen, under Code of Civil Procedure § 352. The pause has important limits, and it is not safe to assume there is plenty of time.
- Government claims Minority does not pause the six-month claim deadline in the same way. A separate late-claim procedure, under Government Code § 911.6, applies to minors.
- Medical negligence Claims for children follow their own rule under Code of Civil Procedure § 340.5. That rule is much shorter than waiting until age eighteen.
- Parents’ own claims A parent’s claim for a child’s medical expenses can run on the ordinary two-year clock.
What other deadlines can affect an injury claim?
Insurance policies, workers’ compensation and specific kinds of claim bring their own time limits. Some are shorter than the two-year rule.
- Uninsured motorist claims Under Insurance Code § 11580.2, you have two years from the accident to act. Within that time you must file suit against the uninsured driver, reach agreement with your insurer, or formally demand arbitration.
- DMV report Vehicle Code § 16000 requires an SR-1 report to the DMV within ten days. It applies to a crash involving injury, death or property damage above the DMV’s threshold.
- Workers’ compensation Notice to your employer within thirty days (Labor Code § 5400) and a claim generally within one year (Labor Code § 5405). The guide to filing a workers’ comp claim explains both steps, and a construction injury often needs the injury and comp clocks watched together.
- Medical negligence notice Code of Civil Procedure § 364 requires a 90-day notice of intent to sue before a medical negligence lawsuit. In some cases, that notice can extend the deadline.
What happens if you miss the personal injury statute of limitations?
If the deadline passes, the defendant can ask the court to dismiss the case, and the court will generally do so. An insurer that knows the deadline has passed has little reason to pay anything.
Some rules can pause or extend a deadline. Examples include the defendant’s absence from California in certain cases, the injured person’s legal incapacity, or a written tolling agreement with the other side. Each is narrow, and whether one applies depends on the facts. The safest course, therefore, is to treat the earliest possible deadline as the real one until an attorney has confirmed otherwise.
Why act well before the deadline?
Acting early protects evidence, not only the deadline. Cameras overwrite video, owners repair hazards, witnesses move and vehicles go for scrap long before two years pass.
A claim prepared early is also a better claim. You can collect medical records while treatment is ongoing and document lost earnings month by month. You can also file a lawsuit on a considered timetable rather than in the final weeks. Filing close to the deadline leaves no room to correct a mistake, such as naming the wrong owner of a vehicle or the wrong company on a site.
Early advice also helps with the insurer. The page on giving a statement to the insurer explains what adjusters ask in the first weeks. Meanwhile, the personal injury overview covers how a claim moves from the first call to resolution.
What does it cost to check your deadline?
The firm handles personal injury claims on a 33% contingency fee, taken from any recovery, with nothing up front. If there is no recovery, you owe no attorney’s fee, though you may remain responsible for case costs and expenses. The written agreement explains how the firm handles them before you sign. The fees and consultations page sets out the detail.
Your first consultation is free, takes about thirty minutes, and can confirm which deadlines apply to your claim.