How Long Do I Have to File a Personal Injury Claim in California?
If you were injured by someone else’s negligence in California, one of the first questions you probably have is: how long do I have to take action? The answer depends on who you are making a claim against and the type of claim involved. Here is what you need to know in plain language.
The General Rule: Two Years
For most personal injury claims in California, such as car accidents, slip and falls, and other injuries caused by negligence, the statute of limitations is two years from the date of the injury. That deadline comes from Code of Civil Procedure 335.1. If you miss it, a court will generally dismiss your case, even if your claim is otherwise strong, so it is one deadline you cannot afford to overlook.
Government Claims Have Much Shorter Deadlines
If the person or entity responsible is a government agency, such as a city, county, state agency, public school, or transit district, the rules are different and much faster. In most cases, you must file a written claim with the agency within six months of the incident. If that claim is rejected, you usually have only a short additional window to file a lawsuit. Missing these steps can end your case before it really begins, so it is important to confirm the rules that apply to your specific situation.
When the Clock Might Start Later
Courts sometimes start the two-year clock later than the actual date of the accident. Under the discovery rule, the deadline may begin when you reasonably should have discovered the injury and its cause, such as when a medical problem becomes apparent months after a crash. Special rules also exist for minors and for people with certain disabilities. These exceptions are fact-specific, so do not simply assume they apply to you.
Small Claims Is a Different Path
If your damages are $12,500 or less, California’s small claims court may be an option. It is designed to be simpler and faster than a regular lawsuit, and attorneys generally do not represent parties there. Keep in mind that California also uses a comparative fault system: if you share some blame for the accident, your recovery can be reduced by your percentage of fault.
Why Acting Early Matters
Beyond the hard deadlines, there are practical reasons not to delay. Evidence disappears, witnesses forget details, and a long gap between the injury and any action can make it harder to show the injury was serious. Early medical care, photographs, and written notes keep your options open, and the earlier you understand your situation, the more time you have to resolve it fairly.
The Bottom Line
Most personal injury claims in California must be filed within two years, but claims against government entities move much faster, often requiring action within months. If you have any question about your deadline, do not wait to find out, act promptly and get clarity early.
This article provides general information and is not legal advice.