By Joshua B. Nozar, Esq.
After an injury, most people focus on healing, and that is exactly what they should do. But the law sets firm time limits for bringing a claim. These deadlines are called statutes of limitations. If you miss one, you can lose your right to recover compensation, no matter how strong your case is. Here is a plain-English guide to the most common personal injury deadlines in California.
The General Rule: Two Years
Most personal injury cases in California have a two-year deadline to file a lawsuit. The statute begins “Within two years” and covers “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” (Cal. Code Civ. Proc. § 335.1).
The two-year rule covers many common cases, including:
- Car, truck, motorcycle and rideshare accidents
- Slip-and-falls and other injuries on someone else’s property
- Dog bites
- Pedestrian and bicycle accidents
In most cases, the two years starts on the date of the injury. For example, if you were hurt in a car accident on March 1, 2026, the deadline to file a lawsuit would generally be March 1, 2028. If you were in a crash, our guide on what to do after a car accident in Los Angeles walks you through the first steps.
Wrongful Death Claims
When a loved one dies because of someone else’s wrongful act or neglect, the same two-year statute applies. Section 335.1 expressly covers an action “for the death of” an individual (Cal. Code Civ. Proc. § 335.1).
Property Damage: Three Years
Damage to your property runs on a different clock. California allows three years (“Within three years”) for “an action for taking, detaining, or injuring goods or chattels” (Cal. Code Civ. Proc. § 338, subd. (c)(1)). “Goods or chattels” means personal property, and claims for damage to a car are commonly brought under this provision. Even so, it is usually best to handle vehicle damage and injury claims together, and early.
Claims Against a Government Agency: Six Months
This deadline catches many people by surprise. Your injury may involve a public entity, such as a city bus, a county vehicle, a dangerous public sidewalk or a poorly maintained road. If so, you usually cannot go straight to court. You must first file a formal government claim.
A claim “for death or for injury to person” must be presented “not later than six months after the accrual of the cause of action” (Cal. Gov. Code § 911.2). Other kinds of claims, such as property damage, must be presented “not later than one year after the accrual of the cause of action” (Cal. Gov. Code § 911.2).
What happens next depends on how the agency responds. If the agency sends written notice rejecting your claim, you must file your lawsuit “not later than six months after the date such notice is personally delivered or deposited in the mail.” If no written notice is given, the lawsuit must be filed “within two years from the accrual of the cause of action” (Cal. Gov. Code § 945.6).
Because these deadlines are so short, contact a lawyer right away if you think a government agency may be involved.
Medical Malpractice
Claims against a health care provider have their own rules. “In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first” (Cal. Code Civ. Proc. § 340.5).
In other words, you generally have one year from when you discovered the injury, or should have discovered it. You also have no more than three years from the date of injury, unless an exception applies. Section 340.5 lists the limited situations that can extend the three-year limit.
Injured Children: Special Rules
When a child is injured, the clock often works differently. Suppose the person entitled to bring the claim was “under the age of majority” when the claim arose. Then “the time of the disability is not part of the time limited for the commencement of the action” (Cal. Code Civ. Proc. § 352, subd. (a)). In plain terms, the deadline is generally paused while the injured person is a minor.
There are important exceptions. This pause “shall not apply to an action against a public entity or public employee” when a government claim is required (Cal. Code Civ. Proc. § 352, subd. (b)). That means the six-month government claim deadline can still apply to an injured child.
Medical malpractice claims for children also have their own rule: “Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period” (Cal. Code Civ. Proc. § 340.5).
The Discovery Rule
Sometimes a person does not know right away that someone’s wrongdoing harmed them. In some cases, California’s “discovery rule” can delay when the clock starts. The California Supreme Court has explained that “the limitations period begins when the plaintiff suspects, or should suspect, that she has been wronged” (Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103).
The discovery rule does not apply the same way in every case. In a typical car accident, the injury and its cause are usually known right away. Do not count on the discovery rule to save a late claim. Talk to a lawyer as soon as possible.
Why You Should Not Wait
Even when you have time left, waiting can hurt your case. Evidence disappears, security video gets erased, and witnesses move or forget details. Acting early gives your lawyer time to investigate, gather records and build your claim.
Frequently Asked Questions
What is the statute of limitations for personal injury in California?
For most personal injury claims, it is two years (Cal. Code Civ. Proc. § 335.1).
What if I was hurt by a city or county vehicle?
Before you can sue, you generally must file a government claim within six months (Cal. Gov. Code § 911.2). That is much shorter than the usual two years.
Does the deadline change if my child was injured?
Often, yes. The deadline is generally paused while the injured person is a minor (Cal. Code Civ. Proc. § 352). That pause does not apply when a government claim is required, and medical malpractice claims follow their own rules.
What happens if I miss the deadline?
The court may dismiss your case, and you could lose your right to recover compensation. That is why it is important to get legal advice early.
Speak With a California Personal Injury Lawyer
Deadlines in injury cases can be complicated, and every case is different. If you or a loved one was hurt, our California personal injury lawyer team at Nozar Law, APC can help you understand which deadlines apply to you. If you were hurt in a crash, visit our Los Angeles car accident lawyer page. Your case evaluation is free, and you pay no attorney fees unless we win. Se habla español. Call (310) 620-4400 today.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
