Time Limits for Filing an Injury Claim in California

After an accident, dealing with medical appointments, insurance calls, and missed work is overwhelming enough, but there’s a clock running in the background that many people don’t think about until it’s too late: the statute of limitations.

The General Rule: Two Years

Under California Code of Civil Procedure Section 335.1, most personal injury claims, including car accidents, slip and falls, and dog bites, must be filed within two years from the date of the injury. If you miss that deadline, courts will almost always dismiss your case, no matter how strong the evidence is, and you lose the right to recover compensation entirely.

Two years can sound like plenty of time, but evidence disappears quickly: surveillance footage gets overwritten, witnesses move or forget details, and vehicle damage gets repaired. Waiting to consult a lawyer doesn’t just risk the deadline — it risks the quality of your entire case.

Important Exceptions to Know

California law does allow for some exceptions that can extend or shorten this window:

• Claims against government entities (a city, county, or state agency) require a formal claim to be filed within just six months of the incident — far shorter than the standard two years. This applies to accidents involving poorly maintained public roads, government vehicles, or dangerous conditions on public property.
• Discovery rule: If an injury wasn’t immediately obvious (for example, an internal injury or a defective product that fails months later), the clock may start from the date the injury was discovered rather than the date of the incident.
• Minors: If the injured person is under 18, the filing deadline is typically paused, or “tolled,” until they turn 18, giving them two years from that birthday to file.
• Medical malpractice claims follow a different, more complex timeline under California’s Medical Injury Compensation Reform Act.

Because these exceptions are fact-specific, it’s easy to miscalculate a deadline without legal guidance, which is exactly why early consultation matters.

Why Acting Early Protects Your Claim

Beyond the legal deadline itself, prompt action gives your attorney time to:

• Preserve accident scene evidence and surveillance footage before it’s deleted
• Interview witnesses while their memory is fresh
• Coordinate with medical providers to fully document your injuries and treatment
• Negotiate from a position of strength, since insurance companies know a well-prepared claim is harder to undervalue

Don’t Wait to Find Out Where You Stand

If you’re unsure whether your deadline has passed or which exception might apply to your situation, don’t try to calculate it alone. Our personal injury practice has helped clients across Calabasas, San Jose, and La Jolla understand exactly where they stand and what steps to take next. Learn more about our approach on our Practice Areas page.

Contact LAW OFFICES OF SHEENA RUDE today to schedule a free consultation (818) 658-3700 | (408) 317-2550 | (858) 247-2724