In California, the statute of limitations for a personal injury lawsuit is generally two years from the injury. Several rules can change that. A claim against a California public agency usually needs a written claim within six months. Damage to a car or other property gets three years. And the clock can pause for children and for people who couldn't make their own decisions. Missing a deadline can end a claim, so it helps to know early which rules apply to you.
California injury deadlines at a glance
Injury or wrongful death lawsuit
Generally two years.
Damage to your car or other personal property
Generally three years.
Claim against a California public agency
A written claim to the agency, generally within six months. After a written rejection, a lawsuit generally within six months of the notice.
Sources: Government Code §911.2 (opens in a new tab); Government Code §945.6 (opens in a new tab)
Claim against a federal agency
A written claim to the federal agency within two years. After a denial, a lawsuit generally within six months of the denial notice being mailed.
Uninsured motorist claim with your own insurer
Within two years of the crash, a lawsuit against the uninsured driver, an agreement with your insurer, or formally started arbitration.
Claim against a doctor or other health care provider
Generally three years from the injury or one year from discovering it, whichever comes first, with special rules for young children.
These are general rules. The right deadline depends on your facts, so talk to a lawyer as soon as you can.
What is the statute of limitations for personal injury in California?
Two years, as a general rule. California's Code of Civil Procedure gives two years to file a lawsuit for an injury to, or the death of, a person caused by someone else's wrongful act or neglect (Code of Civil Procedure §335.1 (opens in a new tab)). That covers most injury claims from car, truck and motorcycle crashes, falls on unsafe property and dog bites, and wrongful death claims too. Filing a claim with an insurance company generally doesn't stop this clock; filing a lawsuit in court does.
When does the two-year clock start?
Usually on the date of the injury. For a crash or a fall, that's normally the day it happened. In some cases, the clock starts later under the delayed discovery rule: a lawsuit can still be on time if, before the deadline date, the injured person didn't discover, and had no reason to suspect, that they'd been harmed by someone's wrongful conduct (CACI No. 455 (opens in a new tab)). Whether this rule applies depends heavily on the facts, so don't count on it without legal advice.
What are the deadlines for claims against a government agency?
Much shorter. Before suing a California city, county, state agency or other public entity for an injury, you generally must file a written claim with that agency within six months of the incident (Government Code §911.2 (opens in a new tab)). If the agency rejects the claim in writing, a lawsuit generally must be filed within six months after the notice is delivered or mailed. If no written notice is given, the deadline is generally two years from when the claim arose (Government Code §945.6 (opens in a new tab)).
If the six-month claim deadline was missed, you can apply to the agency for permission to present a late claim, within a reasonable time and no later than one year after the claim arose (Government Code §911.4 (opens in a new tab)). The agency must grant the application in certain situations, such as when the injured person was a minor or was physically or mentally incapacitated during the six months (Government Code §911.6 (opens in a new tab)).
Claims against federal agencies, such as a crash with a mail truck, follow federal rules: a written claim must be presented to the federal agency within two years, and if the agency denies it, a lawsuit generally must be filed within six months after the denial notice is mailed (28 U.S.C. §2401(b) (opens in a new tab)).
Does the deadline change for children?
Generally, yes. If the injured person was under 18 when the claim arose, the time until they turn 18 isn't counted toward the two-year deadline (Code of Civil Procedure §352 (opens in a new tab)). That pause doesn't apply to claims against a public agency: the six-month claim deadline, and the deadline to sue after the agency rejects the claim, still apply. The late-claim rules above can help a minor. Claims against health care providers have their own rules for minors, including special timing for children under six (Code of Civil Procedure §340.5 (opens in a new tab)).
Even when the deadline is years away, acting early helps. Evidence fades, witnesses move and records get lost.
What if the injured person couldn't make their own decisions?
The clock can pause. If the injured person lacked the legal capacity to make decisions when the claim arose, for example because of a serious brain injury, the time of that condition generally isn't counted toward the deadline (Code of Civil Procedure §352 (opens in a new tab)). As with children, this pause doesn't apply to claims against a public agency, including the deadline to sue after a rejection, but an agency must grant a late-claim application in certain situations involving physical or mental incapacity (Government Code §911.6 (opens in a new tab)).
What happens if I miss the deadline?
A lawsuit filed after the deadline can be thrown out, even if the claim was strong, unless an exception applies. That's why the deadlines matter from day one. If you're close to a deadline, or not sure which one applies, talk to a lawyer right away. A free case review can help you figure out where you stand.