How Long Do I Have to File a Personal Injury Claim in California?
If you were hurt because of someone else's carelessness, one of the most important questions to answer early is also one of the easiest to overlook: how long do you have to file a claim? California law sets strict deadlines, called statutes of limitations, and missing one can permanently end your case no matter how badly you were injured or how clearly the other side was at fault.
This guide breaks down the deadlines that apply to personal injury claims in California, the exceptions that can shorten or extend them, and why waiting is one of the most costly mistakes an injured person can make. If your deadline is approaching, do not wait. Call Big G for a free consultation and we will help you understand exactly where you stand.
The General Rule: Two Years
For most personal injury claims in California, you have two years from the date of the injury to file a lawsuit. This deadline comes from California Code of Civil Procedure section 335.1, and it covers the great majority of cases, including car accidents, motorcycle and bicycle crashes, pedestrian collisions, slip and falls, dog bites, and other injuries caused by negligence.
Here is what that looks like in practice. If you were injured in a crash on the I-805 on June 1, 2025, your two-year deadline to file suit would generally fall on June 1, 2027.
One point trips up many people: the two-year rule is about filing your lawsuit in court, not settling it. You do not have to resolve your case within two years. You only have to file the initial paperwork with the San Diego County Superior Court before the deadline runs. After that, the case can continue through negotiation or trial for as long as it takes.
When Does the Clock Start?
In most cases, the clock starts on the date the injury occurs. But California also recognizes the discovery rule, which can delay the start of the clock when an injury or its cause could not reasonably have been discovered right away. This comes up most often in medical malpractice and toxic exposure cases, where the harm may not surface for months or years. Under the discovery rule, the clock can start when you knew, or reasonably should have known, that you were harmed and that someone else's negligence may have caused it.
The discovery rule is powerful but narrow. Courts apply it carefully, and you carry the burden of proving it should apply. If there is any question about when your clock started, that is a reason to talk to an attorney sooner rather than later.
The Important Exceptions
The two-year rule is the default, not the whole story. Several types of claims follow very different timelines.
Claims Against a Government Entity: The Six-Month Trap
This is the exception that catches the most people off guard. If your injury was caused by a government entity, such as a collision with a city or MTS transit vehicle, a poorly maintained public road, or a hazard on public property, you must file a formal written claim with that agency within six months of the injury. This requirement comes from California Government Code section 911.2.
If the agency rejects your claim in writing, a separate and short clock begins: you generally have only six months from the date of that rejection notice to file your lawsuit. In San Diego, agencies like the City of San Diego, the County of San Diego, the San Diego Metropolitan Transit System, and Caltrans all fall under these strict rules. If a public entity may share responsibility for your injury, you cannot afford to wait.
Medical Malpractice
Medical malpractice has its own timeline under Code of Civil Procedure section 340.5. You generally must file within one year from the date you discovered, or reasonably should have discovered, the injury, or within three years from the date the injury occurred, whichever comes first. There are limited exceptions, such as when a foreign object is left in the body or when the provider concealed the error.
Injured Minors
When the injured person is a child under 18, the two-year clock is usually paused, or tolled, until their 18th birthday. That generally gives an injured minor until age 20 to file. Important caveat: the six-month government claim deadline still applies even when the injured person is a minor, so do not assume a child's claim can wait.
Wrongful Death
A wrongful death claim carries a two-year deadline measured from the date of death, under Code of Civil Procedure section 377.60. When the date of injury and the date of death differ, the clock runs from the death, not the underlying injury.
Property Damage
Damage to your vehicle or other property has a longer deadline of three years under Code of Civil Procedure section 338. Even so, it usually makes sense to pursue your property and injury claims together within the tighter injury deadline rather than splitting them apart.
A Quick Reference for California Deadlines
Here is a simple summary of the most common deadlines. Your situation may differ, so treat this as a starting point, not legal advice:
Most personal injury claims: 2 years from the date of injury
Claims against a government entity: 6 months to file an administrative claim
Medical malpractice: 1 year from discovery or 3 years from injury, whichever is earlier
Wrongful death: 2 years from the date of death
Property damage: 3 years from the date of damage
What Pauses the Clock, and What Does Not
Certain circumstances can pause, or toll, the statute of limitations. These include the injured person being a minor, being legally incapacitated, or the at-fault party leaving California after the accident. The discovery rule, discussed above, can also delay when the clock starts.
Just as important is knowing what does not pause the clock. Ongoing settlement talks with an insurance company do not stop the deadline. Neither does continuing medical treatment. Insurance adjusters know these dates precisely, and some will let negotiations drift toward the deadline, because once the statute expires, they no longer have any legal obligation to pay. The moment the deadline passes, you lose your leverage entirely.
Why Waiting Until the Deadline Is a Mistake
Even when you have two full years, waiting is risky. Evidence disappears, vehicles get repaired or scrapped, surveillance footage is overwritten, and witnesses forget details or move away. Building a strong claim takes time, because accident reconstruction, medical evaluation, and expert analysis cannot be rushed in the final weeks before a deadline.
There is also a back-end deadline worth knowing. Once a personal injury lawsuit is filed in California, it generally must be brought to trial within five years. Acting early gives your attorney room to investigate thoroughly and negotiate from a position of strength rather than desperation.
What Happens If You Miss the Deadline
If you file after the statute of limitations has expired, the other side will raise the missed deadline as a defense, and the court will almost always dismiss your case. When that happens, you lose the right to recover anything at all, including compensation for medical bills, lost wages, and pain and suffering. That is why confirming your deadline early is one of the most important steps you can take.
Frequently Asked Questions
How long do I have to sue after a car accident in California? Generally two years from the date of the crash. If a government vehicle or agency was involved, you must file an administrative claim within six months.
Does talking to the insurance company pause the deadline? No. Settlement negotiations do not stop the statute of limitations. The only way to protect your right to sue is to file suit before the deadline runs.
What if I did not realize I was injured until later? The discovery rule may delay the start of your clock, but it is applied narrowly and is highly fact-specific. Speak with an attorney as soon as you suspect an injury.
Is the deadline different for a child's injury? Usually yes. The two-year clock is generally paused until the child turns 18, but government claims against public entities must still be filed within six months.
Not Sure How Much Time You Have? Call Big G.
Deadlines in California injury cases are strict, and the exceptions can be confusing. The safest move is to find out where you stand before time runs out.
Our San Diego personal injury team will review your statute of limitations, any government claim requirements, and your next steps at no cost. Call Big G today at 310.424.5393 for a free consultation. There is no fee unless we recover for you.
This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Deadlines and their exceptions are fact-specific and can change. For advice about your specific situation, speak with a licensed attorney. This may be considered attorney advertising.