Quick Answer
In most California personal injury cases, you have two years from the date of injury to file a lawsuit under CCP § 335.1. Claims against a government agency generally require a formal administrative claim within six months. Exceptions can shorten or extend your personal injury claim deadline in California, so confirm your specific date with an attorney.
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After an accident, filing a lawsuit may be the last thing on your mind. You may be receiving medical treatment, missing work, dealing with an insurance adjuster, and trying to understand how your injuries will affect your life.
But California law does not give you unlimited time to act.
In most cases, you have two years from the date of your injury to meet your personal injury claim deadline in California and file a lawsuit to seek compensation for your injuries. If you miss that deadline, a court can dismiss your case regardless of how serious your injuries are or how strong your evidence may be.
The two-year rule also has important exceptions. Some claims give you considerably less time, while certain circumstances may extend the filing period. Knowing which deadline applies can protect your ability to pursue compensation.
What Is the Statute of Limitations for Personal Injury Claims in California?
A statute of limitations sets the amount of time you have to file a lawsuit.
California Code of Civil Procedure Section 335.1 establishes a two-year statute of limitations 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.”
In essence, you generally have two years from the date of injury to file a personal injury lawsuit.
That deadline can apply to many cases involving:
- Catastrophic injury
- Wrongful death
- Commercial trucking accidents
- Motorcycle accidents
- Pedestrian injuries
- Car crashes
- Unsafe property conditions (premises liability)
- Dog bites
- Defective products; and
- Other negligent conduct
For example, if another driver injured you in a crash on August 15, 2026, the general two-year rule would ordinarily require you to file your lawsuit by August 15, 2028. However, the facts of your case could change that deadline.
That distinction matters. You should never calculate your filing deadline based on the general rule alone.
Does Filing an Insurance Claim Stop the Two-Year Clock?
Generally, negotiating with an insurance company does not stop the statute of limitations from running.
An adjuster may ask for medical records, request statements, discuss your treatment, or make settlement offers while the filing deadline continues to approach. You could spend months negotiating only to find yourself with little time left to file a lawsuit.
That is one reason you should keep the legal deadline separate from the insurance claims process.
You also need enough time to investigate what happened and document your losses. Waiting until the final weeks can make it harder for your attorney to obtain evidence, locate witnesses, review medical records, determine insurance coverage, and identify everyone who may share responsibility.
What If You Did Not Discover Your Injury Right Away?
Not every injury becomes apparent immediately.
California recognizes a discovery rule in some circumstances. To explain, when you did not discover an injury or damage immediately, the filing period doesn’t begin until you discover or reasonably should have discovered the injury or damage.
Suppose an accident causes an injury that doctors do not identify until later. The question may involve more than the date of the original incident. Your San Diego personal injury attorney may need to examine when you first knew (or reasonably should have known) that you suffered an injury and that someone else’s conduct caused it.
The discovery rule does not automatically give every injured person extra time. Its application depends on the facts and the law governing your claim.
What If a Government Agency Caused Your Injury?
Claims against California government entities require special attention because you may have only six months to act— a much shorter personal injury claim deadline in California than the standard two-year rule.
California Government Code Section 911.2 states that a claim relating to death, personal injury, or damage to personal property generally must be presented:
“not later than six months after the accrual of the cause of action.”
This requirement may apply when your injury involves a city, county, state agency, public school, public transportation provider, or another government entity.
Before filing a lawsuit, you generally must first present an administrative claim to the appropriate public entity. If the agency rejects it, you generally have six months from the date the rejection was personally delivered or mailed to file suit. Different rules can apply if the agency does not respond.
These rules make early investigation especially important. What initially appears to be an ordinary accident can involve a government entity once an attorney investigates who owned a vehicle, maintained a roadway, controlled a property, or employed the person responsible.
Can California Extend the Personal Injury Deadline?
Sometimes. California law refers to pausing the statute of limitations as “tolling.”
For example, California Code of Civil Procedure Section 352 addresses certain circumstances involving people who were minors or lacked legal capacity when their claims accrued. The law generally excludes the period of the qualifying disability when calculating the statute of limitations, although important exceptions apply, including rules involving claims against public entities.
As mentioned above, the discovery rule may also affect when a statute of limitations begins in appropriate cases.
You should not rely on an exception without having an attorney review your circumstances. California Courts specifically advise people with questions about statutes of limitations and tolling to speak with a lawyer.
Why Should You Contact an Attorney Before the Deadline Gets Close?
A strong personal injury case takes time to develop.
Your attorney may need to:
- Obtain police or incident reports
- Preserve surveillance footage
- Photograph the accident location
- Speak with witnesses
- Collect medical records
- Document lost income
- Identify insurance policies
- Consult qualified specialists; and
- Investigate the people or businesses responsible for your injuries
Some evidence can disappear long before the statute of limitations expires. Businesses may overwrite surveillance recordings. Witnesses may move or forget important details. Vehicles may undergo repairs. Physical conditions at an accident scene may change.
Starting early gives your attorney more time to preserve evidence and understand the full extent of your injuries before negotiating with an insurer or filing suit.
At Golshani Lee LLP, we represent people who have suffered serious injuries throughout San Diego. We prepare our cases with the possibility of litigation in mind. Our experience representing major insurance companies also gives our firm firsthand insight into how insurers evaluate, defend, and settle injury claims. Our attorneys have secured seven-figure and million-dollar settlements and verdicts for our clients.
Frequently Asked Questions
What is the personal injury claim deadline in California?
In most cases, two years from the date of injury under CCP § 335.1, though exceptions can shorten or extend that deadline.
Does negotiating with an insurance company pause the deadline?
No. The statute of limitations generally keeps running while you negotiate with an insurance adjuster.
What if I was a minor when I was injured?
The deadline is generally tolled until the injured person turns 18, subject to exceptions, including rules for claims against public entities.
What if a government entity caused my injury?
You generally must present an administrative claim within six months of the injury before you can file a lawsuit.
What if I didn’t discover my injury right away?
California’s discovery rule can start the clock when you discovered, or reasonably should have discovered, the injury — depending on the facts of your case.
Talk to a Personal Injury Attorney in San Diego About Your Filing Deadline
If someone injured you due to their own negligence, do not assume that you have an unlimited amount of time to decide what to do. Your deadline may depend on who caused your injury, when it occurred, when you discovered it, your age at the time, and whether a government entity played a role.
With a knowledgeable personal injury attorney in San Diego, injury victims can identify the deadlines that may apply to your case and make informed decisions about what to do next.
At Golshani Lee LLP, you work directly with your attorney throughout your case. We handle personal injury matters on a contingency-fee basis, which means you do not pay legal fees unless we recover compensation for you.
If you suffered a serious injury in San Diego, contact Golshani Lee LLP for a free consultation. The sooner we learn what happened, the sooner we can assess your filing deadline and determine what steps may protect your claim.