California Personal Injury Filing Deadlines
The deadlines a California accident victim may face, including government claims, exceptions, and the ones that are easy to overlook.
After an accident, most people focus on the things in front of them: medical care, missed work, a damaged vehicle, and calls from insurance companies. Legal deadlines tend to feel like something to think about later.
That assumption is understandable, and it can be costly. A claim that is strong on the facts can still be barred if a lawsuit is not filed in time. This guide explains the deadlines, and the less obvious clocks that run alongside them, so you can plan around them rather than run into them.
Key Takeaways
- In many ordinary California personal injury cases, the general statute of limitations is two years from the date of injury (Code Civ. Proc., § 335.1).
- Two years may sound like plenty of time. It isn't if you wait until the end to find an attorney, investigate the claim, or preserve important evidence.
- Claims involving government entities are different and can have much shorter deadlines. A claim for personal injury against a public entity generally must be presented within six months after accrual (Gov. Code, § 911.2).
- An insurance company handling your claim is not responsible for protecting your statute of limitations.
- Evidence can disappear long before the legal deadline arrives: surveillance video may be overwritten, witnesses may become difficult to locate, vehicles may be repaired, and memories fade.
- There are exceptions and special rules that can change the applicable deadline.
- Don't rely on something you heard from a friend or relative, or on an outdated internet article.
- If the deadline is approaching, don't wait until the last few weeks to start looking for an attorney.
Think of It as Several Clocks, Not One
The most useful way to look at filing deadlines is that more than one clock is running after an injury, and they do not all run at the same speed.
The legal clock
The statute of limitations: the last date to file a lawsuit in the ordinary case. For many personal injury claims, two years from the date of injury.
The government clock
When a public entity may be responsible, a written claim generally has to be presented first, and the window is much shorter.
The evidence clock
Video, witnesses, vehicles and memories all fade on their own schedule, usually long before the legal deadline.
The attorney clock
A lawyer needs time to investigate and evaluate a case before taking it on. That time has to fit inside the legal clock.
Most deadline problems come from watching only the first clock.
The Two-Year Rule Is Not a Two-Year Waiting Period
For many ordinary personal injury claims, California's general statute of limitations is two years from the date of injury. That rule is found in Code of Civil Procedure section 335.1.
It helps to read that number correctly. Two years is the outer deadline for filing the lawsuit in the ordinary case. It is not a period you are expected to use up.
Treatment, investigation, gathering records, and negotiation all take time, and all of that has to happen before the deadline, not after it.
Claims professionals tend to be most comfortable when a claim is far from its deadline and least comfortable when it is not. A claimant who arrives with only weeks to spare has less time to build the claim, and an insurer that senses time pressure may have little reason to hurry.
For how the broader process unfolds, see how personal injury cases work.
Deadlines are easier to manage when they are identified early.
What Happens When You Wait Two Years to Find a Lawyer?
Suppose someone spends nearly the full two years hoping the claim will resolve on its own, then starts looking for an attorney with only a few weeks left.
The lawyer has to investigate the accident, review medical records and other evidence, evaluate liability and damages, and decide whether the case can responsibly be accepted. That is difficult to do on short notice, and many attorneys will decline a case simply because there is not enough time to evaluate it properly.
An attorney who is brought in earlier has options that a late-arriving attorney does not. See Do I Need a Personal Injury Lawyer? for when legal help tends to matter most.
The Evidence May Not Wait for the Statute
The legal deadline and the practical deadline for evidence are two different things.
- Surveillance video may be overwritten
- Witnesses may move, change phone numbers, or become hard to locate
- Vehicles may be repaired, sold, or scrapped
- Memories fade, and details people once agreed on become uncertain
Even when a lawsuit deadline looks far away, preserving evidence early makes a claim easier to evaluate later. The Immediate Steps and Evidence & Documentation guides cover what is worth capturing.
Evidence runs on its own clock, and it usually runs out long before a lawsuit deadline.
Government Claims Are Different
If a city, county, state agency, or other public entity may be responsible, for example in a crash involving a government vehicle or an injury caused by a dangerous condition of public property, the ordinary two-year rule may not be the rule that matters.
Under Government Code section 911.2, a claim relating to injury to a person generally must be presented to the public entity within six months after accrual. Additional rules apply once the claim is presented, including the provisions found in Government Code sections 912.4 and 945.6.
The procedures can be technical, and the first deadline arrives much sooner than most people expect. If a government entity might be involved, identifying the right agency and the applicable deadline promptly is important.
DetailWhy six months catches people off guard
Many people assume the same two-year rule applies to every injury claim, so they do not look into a government claim until months have already passed. In some circumstances relief may be available for a late claim, but that is a separate, more difficult process and should not be counted on. If you suspect a public entity is involved, have the facts reviewed promptly.
Don't Get Your Legal Advice From Cousin Louie
Almost everyone knows someone with a confident opinion about how long you have to sue. A friend, a relative, a coworker, or a half-remembered article can all produce a number that sounds authoritative.
Deadlines depend on the type of claim, who is responsible, the age of the injured person, when the injury was discovered, and more. A number that was right for someone else's situation, or right in a different year, can be wrong for yours.
Internet information can be useful for general education, including this guide, but it should not replace determining the deadline that applies to your particular facts.
Don't Assume the Insurance Company Is Protecting Your Deadline
Insurance negotiations and the statute of limitations are two separate tracks. An insurance company handling your claim is not responsible for protecting your deadline, and continued talks do not extend it.
An adjuster works for the insurance company, not for you. Pleasant, ongoing conversations can feel like progress, but the adjuster is not tracking your filing deadline and has no duty to remind you of it. That responsibility is yours.
See Dealing With Insurance Companies for how the process works from the adjuster's side.
What If the Insurance Company Keeps Delaying?
Delay is common. An insurer may say it is still investigating, still waiting on records, or still evaluating the claim. None of that means the lawsuit deadline has disappeared.
If time is getting short, the better course is to get legal advice promptly rather than assume the process will continue indefinitely. A deadline missed while waiting on an adjuster is very difficult to repair.
The same caution applies to settlement offers: an offer that is open for a while is not a pause button on the legal clock.
What If You Are Close to the Deadline?
If the deadline is approaching and you do not yet have an attorney, treat finding one as urgent but not as a reason to panic.
- Find out which deadline applies to your situation, including whether a government entity may be involved
- Contact attorneys now, not in the final few weeks
- Gather what you already have: accident reports, photographs, medical records, insurance letters and bills
- Write down the dates that matter, such as the date of the accident and when symptoms or the cause of the injury became known
- Do not assume that a pending insurance claim has bought you more time
What If You Cannot Find a Lawyer?
A deadline should not be allowed to lapse just because a lawyer is hard to find. Depending on the circumstances, a person may have the option of filing a lawsuit and representing themselves.
Filing a lawsuit involves procedural requirements, though, and special rules can apply to particular claims. Someone facing an approaching deadline should seek legal assistance immediately, rather than waiting until the last few days. Some attorneys may also be willing to offer limited help even when they cannot take the whole case.
There Are Exceptions to the General Rule
Two years is the general rule, not a universal one. Different rules can apply in several situations, and the exceptions are where mistakes tend to happen.
ExceptionGovernment entities
Much shorter claim-presentation deadlines apply, as described above.
ExceptionMinors
When the injured person is a child, California law can pause (toll) the deadline for a period. The rules have limits and can interact with other requirements, so the specific facts matter.
ExceptionDelayed discovery
Some injuries or their causes are not discovered right away. In certain situations, the clock may run from when the injury was, or reasonably should have been, discovered rather than the date of the event.
ExceptionMedical malpractice
Claims against healthcare providers follow their own statutory time limits, which differ from the general rule.
ExceptionWrongful death
Claims arising from a death have their own rules about who can bring the claim and when.
ExceptionTolling and other issues
Other circumstances can pause or change the calculation. If you think a deadline may already have passed, do not simply assume the case is over. Have the situation reviewed by a California attorney as soon as possible.
The practical advice is short: don't assume, find out.
The Deadline Is Only One Piece of the Puzzle
A claim develops over time. Liability, medical records, witnesses, physical evidence and insurance coverage all become clearer as the weeks go by, and a lawyer needs that information to evaluate the case.
Waiting too long can leave everyone, including you, without key information when decisions have to be made. In the meantime, the useful steps are the same: document the accident, preserve evidence, get appropriate medical care, and know which deadline applies.
Questions about who may be responsible also affect which deadline applies; see Fault and Liability. For vehicle-specific considerations, see the Car Accidents guide, and for general questions, the FAQs and Glossary.
A Simple Rule: Don't Wait Until the Last Minute
Insurers do not protect a lawsuit deadline. Late-arriving attorneys have a harder time evaluating a case. Evidence does not wait. Put those together and the conclusion is straightforward: don't wait until the clock is almost out of time.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in California?
For many ordinary personal injury claims, the general statute of limitations is two years from the date of injury. This general rule is found in California Code of Civil Procedure section 335.1. Exceptions and special rules can apply, so the applicable deadline should be determined from the facts of the particular case.
Does the two-year period apply to every personal injury claim?
No. Two years is the general rule for many ordinary personal injury claims, but different rules can apply to government claims, medical malpractice, minors, delayed discovery, wrongful death, and other situations.
What is the deadline if I was injured because of a government entity?
Government claims are subject to special procedures and deadlines. Under Government Code section 911.2, a claim relating to injury to a person generally must be presented within six months after accrual. Additional rules apply after the claim is presented, including the provisions found in Government Code sections 912.4 and 945.6.
Does talking to the insurance company stop the statute of limitations?
Do not assume that it does. Continuing negotiations with an insurance company should not be treated as automatically extending the legal deadline. The applicable deadline needs to be determined and protected separately.
What if the insurance company is still investigating my claim when the deadline approaches?
The fact that the insurance company is still investigating or negotiating does not mean the lawsuit deadline has disappeared. If the deadline is approaching, get legal advice promptly rather than assuming the insurance process will continue indefinitely.
What if I wait until the end of the two years to hire a lawyer?
You may have difficulty finding an attorney willing to take the case on short notice. The lawyer needs time to investigate the accident, review medical records and other evidence, evaluate liability and damages, and determine whether the case can responsibly be accepted.
What if I cannot find a lawyer before the statute expires?
Depending on the circumstances, a person may have the option of filing a lawsuit and representing themselves. But filing a lawsuit involves procedural requirements, and special rules can apply to particular claims. A person facing an approaching deadline should seek legal assistance immediately rather than waiting until the last few days.
Can I rely on something I found on the internet to calculate my deadline?
Internet information can be useful for general education, but it should not be treated as a substitute for determining the deadline that applies to the particular facts. Some information online is outdated, incomplete, or applies to a different type of claim.
What if I think my deadline may have already passed?
Do not simply assume that the case is over. There can be exceptions, tolling rules, and other issues that affect the calculation. Have the situation reviewed by a California attorney as soon as possible.
When should I talk to a lawyer about a personal injury claim?
There is no requirement that every accident victim hire a lawyer. But an early consultation can be particularly useful when the injuries are significant, liability is disputed, multiple parties may be involved, a government entity may be responsible, insurance coverage is complicated, or the deadline is approaching.
A Final Word About Deadlines
A deadline is something to work around, not something to wait for. The safest assumption is that the clock matters from the beginning: preserve evidence early, learn which deadline applies to your situation, and get legal guidance while there is still plenty of time to use it well.
Please remember that laws and regulations can change, and every legal situation is different. Information on this page is for general educational purposes and is not a substitute for legal advice about your particular circumstances.