Miss the filing deadline and your claim is gone for good. Here's how California's time limits actually work.
The General Two-Year Rule
In most California personal injury cases, 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 applies to car accidents, slip-and-falls, dog bites, and most other negligence claims. If you do not file within that window, the court will almost certainly dismiss your case no matter how strong it is.
The clock generally starts on the day you were hurt. That sounds simple, but disputes over exactly when the period began are common, which is why getting advice early protects you.
Claims Against Government Agencies Are Much Shorter
If your injury involved a city, county, the state, or a public entity — for example a dangerous road, a transit bus, or a government vehicle — you usually must file an administrative claim within six months under the Government Claims Act. Only after that claim is denied can you file a lawsuit.
These shortened deadlines catch many people off guard. A crash with a Caltrans vehicle or a fall in a public building is governed by rules that move far faster than an ordinary case.
The Discovery Rule and Delayed Injuries
Some injuries are not obvious right away. California's discovery rule can delay the start of the limitations period until you knew, or reasonably should have known, that you were harmed and that someone else may be responsible. This commonly applies in medical malpractice and toxic-exposure cases.
Medical malpractice has its own special rule: generally three years from the injury or one year from discovery, whichever comes first, with exceptions for foreign objects and fraud.
Exceptions That Pause the Clock
Certain circumstances 'toll' (pause) the deadline. If the injured person was a minor, the clock typically does not start until their 18th birthday. Tolling can also apply when the injured person was mentally incapacitated or the defendant left the state.
Because these exceptions are narrow and fact-specific, you should never assume one applies to you without confirming it with an attorney.
Why Waiting Hurts Your Case Even Before the Deadline
Evidence disappears long before the statute of limitations runs. Skid marks fade, surveillance footage is overwritten, witnesses move and forget, and vehicles are repaired or scrapped. Insurance companies also treat delayed claims with more suspicion.
Acting quickly lets your attorney preserve evidence, send spoliation letters, and document your injuries while the record is fresh.
What to Do Right Now
If you were recently injured, write down everything you remember, keep all medical records and bills, photograph your injuries as they heal, and avoid giving recorded statements to insurers. Then speak with an attorney about your specific deadline.
A free case review costs nothing and can tell you exactly how much time you have and what your claim may be worth.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed California attorney.