California personal injury deadlines: how long do you have to file?
Deadlines are one of the few parts of an injury claim that can end the legal case regardless of how strong the evidence may otherwise be. California has general limitation periods for personal injury and property damage, but the correct deadline can change because of the defendant, the type of claim, the age or status of a party, delayed discovery, government involvement, and other exceptions.
Key point“The general rule is useful for orientation, but the safe deadline is the one calculated from the actual facts. Government claims and other exceptions can require action much earlier than two years.”
The general rule
California gives an injured person two years from the date of injury to file a personal injury lawsuit. Filing means starting a court case, not opening an insurance claim, and that distinction catches people out.
Government claims run on months, not years
If a city, county, transit agency, school district or state body may be responsible, a much shorter clock applies. That can mean a government claim has to be presented well before the two-year mark, and missing it can end an otherwise good case entirely.
This comes up more than people expect: a city-owned vehicle, a public bus, a poorly maintained road or intersection, a county hospital. If any public entity is in the picture, treat the deadline as urgent from day one rather than something to check later.
Minors and delayed discovery
Where the injured person is a child, the clock generally does not run in the usual way while they are a minor. Separately, some injuries are not discovered immediately, and California recognizes that in limited circumstances.
Both are genuinely fact-specific. They are worth raising early rather than assuming either does or does not apply to you.
Property damage is its own timeline
Damage to your car and injury to your body are not necessarily on the same clock. People sometimes resolve the vehicle quickly, assume the whole matter is closed, and are surprised later.
Evidence has a deadline nobody writes down
This is the practical one. Long before any legal deadline, the things that prove your case start disappearing.
Nearby camera footage often overwrites within days. Vehicle data can be lost when a car is repaired or salvaged. Witnesses move and become unreachable. A commercial vehicle's electronic records are kept only as long as the rules require, and then legitimately deleted.
You can be comfortably inside the two-year window and have already lost the evidence that would have won the case.
Talking to the insurer does not pause anything
A common and costly misunderstanding. Negotiations with an insurance company do not extend the filing deadline. An adjuster who is being slow, friendly and apparently cooperative is not stopping your clock, and the deadline arriving mid-negotiation does not entitle you to more time.
What determines your actual date
The date of injury, who the potential defendants are, whether any of them is a public entity, the age of the injured person, and the specific facts of how and when the harm was discovered.
Work it out from those rather than from the general rule, and do it early. Nothing in this area rewards waiting.
Personal injury practice areas
Different accidents raise different evidence and insurance issues. Start with the guide that matches the type of claim you are dealing with.
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Practical legal guidance for people navigating accident claims, insurance, evidence, deadlines, medical documentation, and recovery in California. Attorney licensing information is available on the attorneys page.