Last reviewed: October 2026 by the InjuryLawResource Editorial Team. This guide is general information, not legal advice.
In California you generally have two years from the date of an injury to file a personal injury lawsuit, under section 335.1 of the Code of Civil Procedure. That covers car accidents, falls, dog bites and most other negligence claims. Two common situations are much tighter: a claim against a government body must be presented within six months, and medical malpractice can expire one year after you discover the injury.
California injury deadlines at a glance
| Type of claim | Deadline | Statute |
|---|---|---|
| Personal injury (negligence) | 2 years from the injury | Code Civ. Proc. § 335.1 |
| Wrongful death | 2 years from the death | Code Civ. Proc. § 335.1 |
| Property damage | 3 years | Code Civ. Proc. § 338 |
| Medical malpractice | 1 year from discovering the injury or 3 years from the injury, whichever comes first | Code Civ. Proc. § 340.5 |
| Claim against a public entity | Written claim within 6 months; then usually 6 months from a written rejection to sue | Gov. Code §§ 911.2, 945.6 |
When the two years start
The clock normally starts on the day of the injury. California also recognizes a delayed discovery rule: if you could not reasonably have known you were injured, or what caused it, the clock starts when you discovered it or should have. Courts expect you to act once you have reason to suspect wrongdoing, so this rule helps with hidden injuries, not with injuries you knew about but waited on.
When the clock is paused
- Minors. For an ordinary injury claim, the clock does not run while the injured person is under 18 (Code Civ. Proc. § 352), so a child generally has until their 20th birthday. Medical malpractice is stricter: a child generally has three years, or until their eighth birthday if that is later.
- Lack of legal capacity. The clock is paused while a person lacks the capacity to make decisions (§ 352).
- Defendant out of state. Time the defendant spends outside California may not count (§ 351).
Claims against the government: six months
If a city, county, school district, transit agency, state body or public hospital may be responsible, you cannot go straight to court. Under the Government Claims Act you must first present a written claim to that entity within six months of the injury. The entity then has 45 days to respond.
- If it sends a written rejection, you generally have six months from that notice to file a lawsuit.
- If it does not send a written rejection, the period to sue is generally two years from the date of the injury.
This is the deadline people most often miss, because six months passes quickly while you are still in treatment. A bus crash, a fall on a public sidewalk and an injury at a public school are all government claims.
Medical malpractice: one year or three years
A claim against a health care provider must be filed within one year of when you discovered the injury, or should have, and in any case within three years of the injury itself. Whichever date comes first is the deadline. The three-year limit is extended only in narrow cases such as fraud, intentional concealment, or a foreign object left in the body. California also limits pain-and-suffering damages in these cases; the cap is $470,000 in 2026 for injury cases and rises each year.
What happens if you miss the deadline
The defendant will ask the court to dismiss the case, and the court almost always will. Once the deadline has passed an insurer has no reason to pay. Talking with an adjuster or waiting for an offer does not pause the clock; only filing the lawsuit, or one of the exceptions above, does.
One more California rule that affects your claim
California uses pure comparative negligence. If you were partly at fault, your compensation is reduced by your share of responsibility, but you are not barred from recovering, even if you were mostly to blame. See our state guides for how that compares with other states.
To see how this state’s fault rule compares with the rest of the country, see comparative negligence rules in all 50 states.
Frequently asked questions
Is the deadline for a California car accident two years?
Yes for injuries. The vehicle damage part of the claim has three years. If a government vehicle or a dangerous public road was involved, the six-month claim rule applies.
Does the two years apply to my insurance claim?
No. The statute of limitations is the deadline to file a lawsuit. Insurance policies have their own, shorter, notice requirements, so report the accident to your insurer promptly.
I was hurt in California but live elsewhere. Which deadline applies?
Usually California’s, because the case would normally be filed where the injury happened. Compare deadlines in our 50-state table, or work out your date with the deadline calculator.
How early should I contact a lawyer?
As early as you can, and immediately if a public entity might be involved. See how to find a personal injury lawyer.
Sources
- California Code of Civil Procedure § 335.1 (two-year deadline), § 338 (property damage), § 340.5 (medical malpractice), §§ 351 and 352 (tolling)
- California Government Code §§ 911.2, 912.4 and 945.6 (claims against public entities)
- California Civil Code § 3333.2 (medical malpractice damages cap)
Deadlines depend on the facts of each case. Confirm yours with a licensed California attorney.
