California Personal Injury Statute of Limitations: How Long Do You Have to File?

If you were injured in California, one of the most important things to understand is how long you have to take legal action. This deadline is called the statute of limitations. Miss it, and a court can permanently bar your claim — no matter how strong it is. Understanding these timelines early helps you protect your rights.

This guide explains the general California deadlines for personal injury claims, important exceptions, and why waiting to act can quietly weaken your case. Keep in mind that the rules can be complicated, exceptions exist, and you should confirm your own deadline rather than rely on a general summary.

The General Rule: Two Years

For most California personal injury claims — car accidents, slip-and-falls, dog bites, and similar negligence cases — the deadline is set by California Code of Civil Procedure §335.1. It gives you two years from the date of the injury to file a lawsuit.

That two-year clock generally starts on the day you were hurt. If you are pursuing a claim after a crash, a car accident lawyer can help confirm exactly when your clock started running.

A few quick points:

• The deadline applies to filing a lawsuit in court, not to opening an insurance claim.
• Settling with an insurer does not pause this deadline.
• Different deadlines apply to other claim types, such as medical malpractice or contract disputes.

Claims Against the Government: Often Just Six Months

If your injury involved a city, county, the state, or another public entity — for example, a crash with a government vehicle or a fall on public property — a much shorter clock applies.

Under California Government Code §911.2, you generally must file a formal government claim within six months of the injury. This is not the lawsuit itself; it is a required preliminary claim submitted to the public entity. If the entity denies it, you then have a limited window to file suit.

Because six months passes quickly and the procedures are strict, claims against public entities are an area where acting early matters a great deal.

The Discovery Rule: When You Didn't Know Right Away

Sometimes an injury isn't obvious at the time it happens. The discovery rule can delay the start of the clock in certain situations — generally until the date you discovered, or reasonably should have discovered, that you were harmed and that it may have been caused by someone else's conduct.

This often comes up with:

• Injuries or illnesses with delayed symptoms.
• Surgical or medical errors found later.
• Harm from a defective product that isn't immediately apparent.

The discovery rule is fact-specific and does not apply to every case, so it is important to confirm how it might affect your particular deadline.

Tolling for Minors and Other Exceptions

The law "tolls" — pauses — the deadline in some circumstances. The most common example involves minors. Generally, if the injured person is under 18, the two-year clock does not begin until their 18th birthday, giving them until age 20 to file for many claims.

Other situations that can pause or extend a deadline include:

• The injured person being legally incapacitated for a time.
• The defendant being absent from California.

These exceptions are narrow and technical. They are reasons to ask about your specific facts, not to assume you have extra time.

Why Waiting Hurts Your Case

Even when you are still within the deadline, delay can quietly damage a claim:

• Evidence disappears. Skid marks fade, vehicles get repaired, and surveillance footage is often overwritten within weeks.
• Witnesses forget or move. Memories blur, and contact information goes stale.
• Medical links weaken. Gaps in treatment make it easier for an insurer to argue your injuries were not caused by the incident.

Acting promptly gives an attorney the best chance to preserve evidence and build a clear record. You can learn more about the kinds of cases we handle on our practice areas page, or read our guidance for Los Angeles injury claims.

Key Takeaways

• Most California personal injury claims have a two-year deadline under §335.1.
• Claims against government entities often require a six-month government claim under §911.2.
• The discovery rule can delay the start of the clock in some cases.
• Deadlines may be tolled for minors and certain other situations.
• Exceptions exist, and missing a deadline can permanently bar your claim — confirm your specific date.

Deadlines in injury cases are unforgiving, and the safest move is to find out where you stand sooner rather than later. To review your timeline, contact our office for a free consultation.

This article is general information about California law and is not legal advice; for guidance on your specific deadline, consult a licensed attorney.