Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure section 335.1). A claim against a city, county, state agency, or transit district must first be presented in writing within six months (Government Code section 911.2), and after a written rejection the lawsuit generally must follow within six months (Government Code section 945.6). Our office is open 24/7 and calls are answered at (619) 525-7007.

Reviewed by Vikas Bajaj, Attorney at Law

This page collects the filing deadlines that apply across the injury claims on this site. Missing one can end a claim regardless of its merits, so check the exception that fits your facts early.

California law explained: the main deadlines

  • Personal injury and wrongful death: two years from the injury or death (Code of Civil Procedure section 335.1). Wrongful-death standing is set by Code of Civil Procedure section 377.60.
  • Toxic exposure: two years from injury, or two years after the person knew or reasonably should have known of the injury, its physical cause, and facts suggesting someone else’s wrongful act caused it, whichever is later (Code of Civil Procedure section 340.8).
  • Medical negligence: three years from injury or one year from discovery, whichever comes first (Code of Civil Procedure section 340.5).
  • Public entity claims: a written claim within six months (Government Code section 911.2). If the claim is rejected by written notice, suit within six months of the notice; if no notice is given, within two years of accrual (Government Code section 945.6). No suit may be filed until the claim is acted on or deemed rejected (Government Code section 945.4).

Minors and people lacking capacity

If the injured person is under 18, or lacks the legal capacity to make decisions, when the claim accrues, that time is not counted toward the deadline (Code of Civil Procedure section 352). Subdivision (b) states that this pause does not apply to claims against public entities that require a government claim. A child hurt by a city bus still needs a claim within six months; a late-claim application may be possible under Government Code section 911.4, and court relief under Government Code section 946.6.

When the clock starts: the discovery rule

In Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, the California Supreme Court held that a cause of action accrues when the plaintiff suspects, or reasonably should suspect, that someone’s wrongdoing caused the injury. In most crash cases the injury is obvious, so the clock starts on the day of the collision. In exposure and product cases, discovery can come later.

Legislative history

  • Section 335.1 was added by Stats. 2002, ch. 448, sec. 2, effective January 1, 2003. It replaced the one-year period that had applied to most injury claims.
  • Section 352 was last amended by Stats. 2014, ch. 144, sec. 4 (AB 1847), which updated the incapacity wording.
  • Section 340.8 was added by Stats. 2003, ch. 873, effective January 1, 2004.
  • Section 340.5 was enacted as part of the Medical Injury Compensation Reform Act, Stats. 1975, 2nd Ex. Sess., ch. 2.
  • Government Code section 911.2 was last amended by Stats. 2016, ch. 31 (SB 836); section 945.6 by Stats. 1971, ch. 438; section 946.6 by Stats. 2021, ch. 218 (SB 501).

History lines were checked on leginfo.legislature.ca.gov on November 2, 2026.

What to do now

  • Write down the date of injury and the date you first connected it to someone else’s conduct
  • Find out whether any public agency owned the vehicle, road, or property involved
  • Calendar six months from the injury if a public agency may be involved
  • Keep the rejection letter if a government claim is denied, since its mailing date starts the six-month suit period

Questions about California filing deadlines

What if I did not realize right away that someone caused my injury?

Under the discovery rule in Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, the clock can start when a person suspects, or should suspect, that wrongdoing caused the injury.

Is the deadline different for a child?

The two-year period generally does not run while the injured person is under 18 (Code of Civil Procedure section 352), but the six-month government claim rule still applies.

What if I missed the six-month claim deadline against a city?

A written application to present a late claim may be made within a reasonable time, not more than one year after the claim accrued (Government Code section 911.4).

How long do I have for a property damage claim?

Generally three years for injury to property (Code of Civil Procedure section 338).

When does the wrongful death deadline start?

Generally two years from the date of death (Code of Civil Procedure section 335.1).

Related explainers

Injury Trial Lawyers, 2150 First Avenue, Suite 100, San Diego, CA 92101. Our office is open 24/7 and calls are answered at (619) 525-7007.

This page is general information about California law, not legal advice. Last reviewed November 2, 2026; next review November 30, 2026.

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