The short version
- Most California injury claims must be filed within 2 years of the injury.
- If a government entity is involved, you may have as little as 6 months.
- Miss the deadline and your case can be dismissed — permanently.
- A few exceptions can pause the clock, but don’t count on them. Ask a lawyer early.
The general 2-year rule
The 6-month government exception
Deadlines that shift the clock
Why waiting hurts your case
Frequently asked questions
If you’ve been injured because of someone else’s carelessness, the law gives you a limited window to take action. Miss it, and even a strong case can be thrown out before anyone looks at the merits. This deadline is called the statute of limitations, and in California it’s shorter than most people expect. Here’s how much time you actually have — and the exceptions that can quietly change it.
The general rule: two years
For most personal injury claims in California — car accidents, truck and motorcycle crashes, slip and falls, dog bites, and wrongful death — you generally have two years from the date of the injury to file a lawsuit. This comes from California Code of Civil Procedure §335.1. If someone died as a result of the incident, the two-year clock for a wrongful death claim usually runs from the date of death.
The exception that catches people off guard: claims against the government
If your injury involved a government entity — a city or county vehicle, a public employee, a dangerous condition on a public road, or a public hospital — the ordinary two-year rule does not apply first. Instead, you must file a formal administrative claim with the right public agency, and you generally have only six months from the date of injury to do it (California Government Code §911.2).
This is where valid claims die. Six months goes fast, and the rules for which agency to notify and what the claim must contain are strict. If a government entity might share fault for your injury, treat the clock as much shorter and talk to a lawyer right away.
Deadlines that shift the clock
The “discovery rule”
Sometimes an injury isn’t obvious right away — harm that surfaces later, or an injury you couldn’t reasonably have connected to the incident at first. In certain cases, the clock starts when you discovered (or reasonably should have discovered) the injury and its cause, rather than the date it happened. This is fact-specific and often disputed by the other side, so don’t rely on it without legal advice.
Injured minors
When the injured person is under 18, the statute of limitations is generally tolled (paused) until they turn 18, giving them time afterward to bring a claim. Different rules can apply, and claims involving a government entity have their own timing, so this is another area to confirm rather than assume.
Other situations that can pause or extend time
- The at-fault party leaves the state for a period of time.
- The injured person is legally incapacitated.
- Specific claim types (such as certain sexual abuse claims) that the Legislature has given longer or revived windows.
These exceptions are narrow and heavily litigated. They are reasons to ask a lawyer, not reasons to wait.
Why waiting hurts your case even before the deadline
The statute of limitations is the hard cutoff, but evidence has its own, faster clock. Skid marks fade, surveillance footage is overwritten, vehicles are repaired or scrapped, and witnesses forget details or move away. The sooner an attorney can investigate and preserve evidence, the stronger your claim. Waiting until the deadline is near almost always weakens a case, even when it’s technically still alive.
Frequently asked questions
How long do I have to file a personal injury lawsuit in California?
Generally two years from the date of the injury (California Code of Civil Procedure §335.1). Some claims are shorter or longer depending on the facts, so confirm your specific deadline early.
What if my claim is against a city, county, or state agency?
You usually must file a formal administrative claim within six months of the injury (Government Code §911.2) before you can sue. Missing this shorter deadline can end the claim entirely.
What happens if I miss the deadline?
The court will almost always dismiss the case, and you lose the right to recover — no matter how strong the facts were. A narrow exception may apply, but you shouldn’t count on one.
Can the deadline ever be extended?
Sometimes. The clock can be paused for minors, for injuries discovered later, when the injured person is incapacitated, or when the at-fault party leaves the state. These are fact-specific — have a lawyer confirm before assuming you have more time.
Does the clock start on the accident date or when I found out I was hurt?
Usually the date of the injury. In certain cases the “discovery rule” starts it when you reasonably should have known about the injury and its cause instead.
Not sure how much time you have?
Don’t risk your deadline. The Wagner Law Group has recovered over $300 million for injury victims across the Central Valley — and we’ll review your case for free.
This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Filing deadlines depend on the specific facts of your case and can change. For advice about your situation, consult a licensed attorney promptly.