October 14, 2026
How Long Do You Have to File a Personal Injury Claim in California?
Reviewed by Vikas Bajaj, Attorney at Law
The short answer
In most California personal injury cases, you have two years from the injury to file a lawsuit (Code of Civil Procedure 335.1). The two-year rule also covers wrongful death claims. If a government entity is involved, you generally must file a written claim with that entity within six months (Government Code 911.2). Government entities include a city bus, a county road or a state vehicle. Some exceptions can shorten or extend these deadlines. Don’t wait.
The general rule: two years
CCP 335.1 sets a two-year deadline for “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” That covers most car crashes, rideshare crashes, dog bites, falls and other negligence claims.
Claims against a government entity
Claims against cities, counties, the State of California and other public entities follow a separate process:
- Six months to present a claim. A claim for death or personal injury must be presented within six months after it accrues (Gov. Code 911.2).
- Late-claim application. If you miss the six months, you may apply for permission to present a late claim. You must apply within a reasonable time, no more than one year after the claim accrued, and explain the delay (Gov. Code 911.4).
- Then the lawsuit deadline. If the entity gives written notice rejecting the claim, the lawsuit generally must be filed within six months of that notice. If no written notice is given, the deadline is generally two years from accrual (Gov. Code 945.6).
Key exceptions
- Minors. For most injury claims, the time a person is under 18 isn’t counted (CCP 352). This exception does not apply to claims that must first go through the government claim process (CCP 352(b)).
- People lacking legal capacity. The same section pauses the clock while the injured person lacks the legal capacity to make decisions.
- Medical malpractice. Claims against a health care provider for professional negligence have their own deadline. It is three years from the injury or one year from discovery, whichever comes first, with limited exceptions and special rules for minors (CCP 340.5).
Other rules can also affect the deadline, such as when an injury was discovered or whether the defendant was out of state. A lawyer can review how they apply to you.
Frequently asked questions
Is it two years from the accident or from when I found out I was hurt?
The two-year period generally runs from when the claim accrued, which is usually the date of injury. Some cases, such as medical malpractice, have discovery rules. Ask a lawyer about your facts.
Does the deadline apply to settling with insurance?
The deadline is for filing a lawsuit. Insurance negotiations don’t stop the clock. If the case isn’t resolved, the lawsuit must still be filed on time.
What if I was hit by a city or county vehicle?
The six-month government claim deadline generally applies (Gov. Code 911.2). See our government vehicle accident page.
What about a child’s injury?
For most claims, the clock doesn’t run while the child is a minor (CCP 352). Government claims and medical malpractice have different rules.
Talk with Injury Trial Lawyers
If a deadline may be close, call (619) 525-7007 for a free consultation. Spanish interpreters are available on request. Learn more on our San Diego personal injury page and car accident page.
This article is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every situation is different; talk with a lawyer about your specific facts.
Attorney Advertising. Injury Trial Lawyers, 2150 First Avenue, Suite 100, San Diego, CA 92101. (619) 525-7007. Attorney responsible for this content: Vikas Bajaj.
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