In California, you generally have two years from the date of injury to file a personal injury lawsuit under Code of Civil Procedure Section 335.1. Exceptions exist for minors, cases involving delayed discovery of an injury, and claims against government entities, which carry a much shorter six-month deadline. Missing your deadline typically means losing your right to sue entirely.
If you’ve been injured in a car accident, a fall, or through someone else’s negligence, one of the most important questions is also one of the easiest to overlook in the chaos that follows: how long do you actually have to file a claim? Waiting too long, even by accident, can cost you your right to pursue compensation.
The Standard Deadline: Two Years From the Date of Injury
Under California Code of Civil Procedure Section 335.1, the standard statute of limitations for personal injury claims, including car accidents and slip-and-fall injuries, is two years from the date the injury occurred. This deadline applies to the vast majority of injury cases Oracle Law Firm handles.
The clock generally starts on the date you were actually hurt, not the date you finished treatment or the date an insurance dispute began.
When the Clock Starts Isn’t Always Obvious
Two years may seem like a long time. It goes faster than you think.
The two-year deadline runs from the date of injury in most cases, but California also recognizes a discovery rule for situations where the harm or its cause couldn’t reasonably have been identified right away. This most often applies in medical malpractice cases or situations involving toxic exposure, where symptoms surface months or years after the initial incident. In those cases, the deadline can start when you knew, or reasonably should have known, about the injury.
Claims Against a Government Entity Have a Much Shorter Deadline
This rule is one of the most important exceptions to know about. If your injury involved a government entity, a city bus, a pothole on a public road, or a crash involving a government vehicle, you generally must file a formal claim within six months of the incident, well before the standard two-year window would otherwise apply. Missing this shorter deadline can permanently bar your claim, even if you’re still well within the general two-year period.
Exceptions for Minors and Legal Incapacity
If the injured person was under 18 at the time of the accident, the two-year deadline is generally tolled (paused) until their 18th birthday, giving them until roughly age 20 to file. Similarly, if someone is legally incapacitated at the time of the injury, the clock may pause until their capacity is restored. These exceptions exist specifically to protect people who couldn’t reasonably have pursued a claim on their own.
What Happens If You Miss the Deadline
Missing the statute of limitations is one of the few mistakes in a personal injury case that generally can’t be fixed after the fact. Courts routinely dismiss cases filed even a single day late, regardless of how strong the underlying claim was. This is exactly why understanding your specific deadline, and not just assuming the general two-year rule applies, matters so much.
Why Waiting Hurts Your Case Even Before the Deadline
Even if you’re comfortably within your filing window, waiting to start the process can weaken your claim in practical ways. Evidence degrades, witnesses become harder to locate, and insurance companies often use delay as a reason to question whether your injuries were really caused by the incident in question. Starting the process early gives you, and your attorney, the strongest possible position.
If you’re unsure how much time you have left or whether an exception applies to your situation, Oracle Law Firm can review the specifics of your case and help you understand exactly where you stand.
Get a Free Consultation or call 888.597.4099.
This article is for general informational purposes only and does not constitute legal advice. Deadlines and exceptions can vary based on the specific facts of your case; consult an attorney to confirm your filing deadline.
Frequently Asked Questions
How long do I have to file a personal injury claim in California?
Generally, you have two years from the date of the injury to file a personal injury claim under California Code of Civil Procedure Section 335.1. This applies to most car accident and personal injury cases.
Is the deadline different if a government entity is involved?
Yes. Claims involving a government entity, such as a city, county, or state agency, generally must be filed within six months of the incident, far shorter than the standard two-year deadline.
What is the discovery rule in California personal injury law?
It’s an exception that allows the filing deadline to start when you discovered, or reasonably should have discovered, an injury and its cause, rather than the date of the incident itself. It most commonly applies to medical malpractice and toxic exposure cases.
What happens if I miss the statute of limitations?
In most cases, missing the deadline permanently bars you from filing a lawsuit, regardless of how strong your case would have been. Courts routinely dismiss cases filed even slightly late.
Does the deadline change if the injured person is a minor?
Yes. For injuries to someone under 18, the two-year deadline is generally tolled until their 18th birthday, giving them additional time to file once they become an adult.
