How Long Do You Have to File a Personal Injury Claim in California?

One of the first questions every injury victim should ask is: how much time do I actually have? In California, the answer depends heavily on who you’re suing and how the injury was discovered, and missing the deadline can end your case before it starts.

The General Rule: Two Years

For most personal injury claims in California — car accidents, slip and falls, dog bites, and similar negligence cases, you generally have two years from the date of the injury to file a lawsuit. This is set by California Code of Civil Procedure Section 335.1.

Key Exceptions Worth Knowing

• Claims against a government agency (a city, county, or state entity) require a claim to be filed within just six months of the incident, followed by a separate lawsuit deadline
• If the injury wasn’t discovered right away such as certain medical or product liability cases  the clock may start from the date of discovery rather than the date of the incident
• Claims involving a minor are generally paused (tolled) until the minor turns 18, though this varies depending on the type of claim

Why Waiting Is Risky, Even With Two Years

Two years sounds like a long time, but evidence doesn’t wait. Witness memories fade, surveillance footage gets deleted, vehicles get repaired or scrapped, and insurance companies have far more time to build a defense the longer a claim sits. Starting the process early even if you’re not ready to file suit helps preserve the evidence your case may depend on.

What This Looks Like in Practice

Say you’re injured in a car accident on a city street. Against the other driver, you generally have two years to file suit. But if a poorly maintained traffic signal or a pothole in a city-owned road contributed to the crash, any claim against the city itself is on a much shorter six-month clock for the initial government claim running in parallel with, not instead of, the two-year deadline against the other driver. Missing the shorter government deadline can permanently close off that part of your case even while the rest of your claim is still very much alive.

What Happens If You Miss the Deadline

If the statute of limitations expires before a lawsuit is filed, the court will almost always dismiss the case, regardless of how strong the underlying claim was. There are very limited exceptions, so it’s not something to leave to chance.

If you’re unsure which deadline applies to your situation, especially if a government entity or a minor is involved, it’s worth getting a clear answer early rather than assuming the general two-year rule covers you.

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