Your life can change overnight after an injury. Hospital bills pile up, paychecks pause and the stress affects your whole family. But while you focus on healing, the clock is already running. California’s statute of limitations sets a strict deadline to file a personal injury lawsuit, and missing it can cost you the right to recover compensation.
The general deadline in California
In California, victims typically have two years from when the injury occurred to file a personal injury lawsuit. Even if your injuries are serious, a judge may dismiss your cases if you fail to file on time. But not all claims follow the same timelines, so check the list below for reference:
- General personal injury: Two years typical for car crashes, slips and falls and wrongful death
- Claims against government agencies: Six months to file the required administrative claim before you sue
- Medical malpractice: One year from discovery or three years from the injury, whichever comes first
- Property damage only: Three years for damaged or totaled vehicles with no bodily injury
Each exception carries specific rules, so consider speaking with an attorney to know if the deadline applies to you. If you miscalculate the deadline, the other party can ask the judge to throw out your case. If the judge agrees, you lose the right to compensation even if your injury was serious.
Tolling exceptions
California stops the filing clock in a few situations. If the victim is under 18, the two‑year period usually waits until they turn 18, giving them until age 20 to sue. If you only learn about an injury later, the clock starts when you discover it, and if the person who harmed you leaves the state before you can serve them, the clock pauses while they are out of state.
Protect your right to sue
Filing early does more than meet a deadline. It preserves proof, keeps witnesses’ memories fresh and gives your lawyer time to build a case. When your health, income or future are on the line, acting fast can protect your rights and strengthen your claim.