In California, you generally have two years from the date of injury to file a personal injury lawsuit. Miss that window and you usually lose the right to sue at all. Important exceptions change the math — most notably, a claim against a government agency must be filed within just six months.
The deadline to file a lawsuit is called the statute of limitations, and in injury cases it is unforgiving. Courts rarely make exceptions, and once the deadline passes, even a strong case is typically gone for good. Knowing which deadline applies to you is the first thing that matters.
The general rule: two years
For most personal injury claims based on negligence — car accidents, slip-and-falls, dog bites, and similar — California gives you two years from the date of the injury to file suit, under Code of Civil Procedure § 335.1. If your injury wasn’t discovered right away, the clock may instead start when you knew, or reasonably should have known, that you were harmed.
Claims against the government: six months
If a government entity may be responsible — say, a dangerous condition on a public road, or a collision with a city bus — a very different and much shorter deadline applies. You generally must file a formal administrative claim within six months of the incident under Government Code § 911.2 before you can sue at all. If the agency denies the claim, you typically have a limited additional window to file in court. These cases move fast, and the six-month clock is easy to miss.
Other situations that change the deadline
- Injured children: the deadline is generally paused until the child turns 18.
- Property damage: claims for damage to your vehicle or property carry a longer three-year limit (CCP § 338).
- Medical malpractice: a separate rule applies — generally one year from discovery, or three years from the injury, whichever comes first.
- A defendant who leaves the state may, in some circumstances, pause the running of the clock.
Why waiting is risky even before the deadline
The legal deadline is the outer limit, not the goal. Evidence is strongest right after an incident and fades quickly — witnesses move, memories blur, and surveillance footage is often overwritten within weeks. The sooner a claim is investigated, the more there usually is to work with.
Because the wrong deadline can quietly end a claim, it’s worth confirming which one applies to your situation early. Our personal injury practice represents injured clients throughout California and can help you understand the timeline in your case.