Deadlines · 5 min read · Published May 2025
How Long Do I Have to File a Personal Injury Lawsuit in California?
In California, the law sets strict deadlines — called statutes of limitations — for filing personal injury lawsuits. Miss the deadline, and you lose your right to compensation forever, regardless of how strong your case is. Here is exactly what you need to know.
The General Rule: 2 Years
California Code of Civil Procedure § 335.1 gives most personal injury victims 2 years from the date of injury to file a lawsuit. This applies to car accidents, slip and falls, dog bites, assault, and most other personal injury claims. The clock starts on the date the injury occurred — not the date you hired an attorney or the date you learned the full extent of your injuries.
Government Entities: Only 6 Months
If your injury was caused by a government entity — a city bus, a pothole on a public road, a government employee — you must file a government tort claim with the relevant agency within 6 months of the incident (California Government Code § 911.2). This is a separate administrative step that must happen before you can file a lawsuit. Miss this 6-month window and your claim is barred entirely.
Medical Malpractice: 3 Years or 1 Year
Medical malpractice claims have a different rule: 3 years from the date of injury, or 1 year from the date you discovered (or should have discovered) the injury — whichever comes first (CCP § 340.5). This is the 'discovery rule,' and it applies in other contexts too.
The Discovery Rule
In some cases, the 2-year clock doesn't start until you discovered (or reasonably should have discovered) your injury. This most commonly applies to toxic exposure cases, latent injuries, and cases where the defendant fraudulently concealed their wrongdoing. The discovery rule is an exception — courts interpret it narrowly.
Minors: The Clock Is Paused
If the injured person was under 18 at the time of the accident, the statute of limitations is 'tolled' (paused) until they turn 18. They then have 2 years from their 18th birthday to file. However, government tort claims are not tolled for minors — the 6-month deadline still applies.
Why You Shouldn't Wait
Even if you have 2 years, waiting is dangerous. Evidence disappears. Witnesses move or forget. Surveillance footage is overwritten. Insurance companies investigate early and build their defense. The earlier you consult an attorney, the stronger your case. Most personal injury attorneys offer free consultations and work on contingency — you pay nothing unless you win.
Key Takeaways
- 2 years from injury date for most California PI claims
- 6 months for government tort claims — this is a hard deadline
- Medical malpractice: 3 years or 1 year from discovery, whichever is first
- Minors get extra time — but not for government claims
- The discovery rule can extend the deadline in limited circumstances
- Missing the deadline = losing your case permanently
Frequently Asked Questions
What if I missed the statute of limitations?
In rare cases, courts may allow 'equitable tolling' if the defendant fraudulently concealed the cause of injury, or if you were legally incapacitated. These exceptions are narrow. If you think you may have missed the deadline, consult an attorney immediately — do not assume your case is over.
Does the 2-year clock start from the accident or when I feel pain?
Generally from the accident date. However, the discovery rule may apply if your injury was not immediately apparent. Courts look at when a reasonable person would have known they were injured and that the injury was caused by someone else's negligence.
What counts as a 'government entity' for the 6-month rule?
City, county, and state agencies; public schools and universities; public transit agencies (Caltrans, MTA, BART); public hospitals; and employees acting within the scope of their government employment. If you're unsure, consult an attorney — the consequences of missing this deadline are severe.