If you’ve been injured in California and are wondering how long you have to file a personal injury claim, you’re not alone.
The truth is, you usually only have two years—and if that window closes, so does your right to seek compensation for your injuries, medical bills, and lost wages. It’s a strict deadline, and once it passes, there’s no going back.
In this blog post, we’ll break down California’s personal injury statute of limitations, how the clock works, and what exceptions might apply if your case is unique—like if the injury wasn’t obvious right away, you were a minor, or a government agency was involved.
How Long Do You Have to File a Personal Injury Claim in California?
If you’ve been injured in an accident in California, understanding the personal injury claim time limit is crucial. This deadline, known as the statute of limitations, dictates how long you have to file a lawsuit. Missing this deadline can mean losing your right to seek compensation.
What Is the Statute of Limitations for Injury Claims?
In California, the general time limit for filing a personal injury lawsuit is two years from the date of your injury. This means your lawsuit must be filed within two years of the accident or incident that caused your injuries.
When Does the Statute of Limitations Clock Start?
The clock starts ticking on the date of the injury itself, not the date you discover the injury (although there are important exceptions discussed below). It’s important to act promptly, even if your injuries seem minor initially.
Exceptions to California’s Two-Year Time Limit(Tolling)
Not every personal injury case follows the standard two-year statute of limitations. There are specific situations where this deadline may be paused or extended—a legal concept known as tolling. These exceptions are complex, but understanding them could make or break your case.
Here are the most common scenarios where the clock might not start—or may stop temporarily:
What If the Injury Wasn’t Discovered Right Away?
This is known as the discovery rule. If your injury wasn’t immediately obvious—for example, internal injuries or delayed symptoms after a crash—the clock may start when you discovered (or reasonably should have discovered) the injury.
Let’s say you were in an accident but didn’t know you had a serious back injury until months later. Your two-year window might begin from the date of diagnosis, not the date of the accident.
Injury Involving a Minor
If the person injured is under 18 years old, California law typically pauses the statute of limitations until their 18th birthday. From that date, they generally have two years to file a personal injury lawsuit—so the deadline effectively becomes their 20th birthday.
This gives minors time to seek justice once they reach legal adulthood.
When the Defendant Can’t Be Found
If the person or party you want to sue is out of state, in hiding, or otherwise unavailable, the statute of limitations may be put on hold until they can be located and properly served with legal papers.
This exception prevents defendants from avoiding responsibility by simply disappearing.
Suing a Government Agency (Shorter Deadlines)
If your injury involves a city, county, or state agency—like being hit by a government vehicle—the rules change significantly.
In most cases, you must file an administrative claim with the government agency within six months of the incident. If they reject your claim, you have six months from the denial to file a lawsuit.
These deadlines are strict, and missing them can permanently block your ability to sue. That’s why it’s critical to consult a lawyer as soon as possible if a public entity is involved.
Additional Resources
If you’d like to dive deeper into the legal details, the California Courts Self-Help Guide on Statute of Limitations explains tolling rules and other exceptions in plain language. It’s a helpful tool if you’re researching your options or trying to understand your rights.
Final Reminder
Tolling rules can be complicated and don’t apply to every situation. If you’re unsure whether an exception affects your case—or if your time limit is about to run out—talk to a personal injury attorney as soon as possible.
Every case is different, and waiting too long can cost you the chance to recover compensation for medical bills, lost wages, and more. Acting early protects your future.
What Happens If You Miss the Deadline?
No, generally, you cannot sue someone for a personal injury after the statute of limitations has passed. Once the deadline expires, you lose your legal right to file a lawsuit. Courts will typically dismiss any cases filed after this time limit. This makes it absolutely vital to understand and follow the correct deadlines for your specific situation. Missing the deadline can have serious consequences, preventing you from ever recovering compensation for your injuries, medical expenses, lost wages, and other damages.
Don’t Wait—Why Acting Fast Protects Your Case
Understanding California’s personal injury claim time limit is essential for protecting your rights. Don’t risk missing your chance to seek justice and compensation. The statute of limitations is a strict legal requirement, and delays can jeopardize your ability to recover for your losses. Consulting an attorney promptly after an accident can help you understand your rights, navigate the legal process, and ensure you meet all deadlines. Act now to protect your future.
Talk to a Personal Injury Attorney Today
If you’ve been injured in an accident in California, the complexities of the statute of limitations can be overwhelming. Contact Muhareb Law Group today for a free consultation. Our experienced team will assess your case, explain your rights, and help you understand the deadlines that apply to your situation. Call (909) 519-5832.
Frequently Asked Questions About California’s Injury Claim Deadlines
1. What is the statute of limitations for personal injury in California?
In most personal injury cases, California gives you two years from the date of your injury to file a lawsuit. If you miss this deadline, you may permanently lose your right to seek compensation—regardless of how strong your case is.
2. When does the statute of limitations clock start?
The clock generally starts on the day the injury occurs. For example, if you’re injured in a car accident on June 1, 2025, you typically have until June 1, 2027, to file a claim. There are exceptions when the clock may start later, such as if your injury wasn’t discovered right away.
3. Are there exceptions if I discover the injury later?
Yes. This is called the discovery rule. If you didn’t know (and couldn’t reasonably have known) you were injured—for instance, due to internal damage or delayed symptoms—the statute of limitations may begin on the date you discovered the injury instead of the date of the incident.
4. How long do I have to sue a government agency in California?
If your injury involves a government agency (like a city bus accident or dangerous public property), you must first file an administrative claim within six months of the incident. If the claim is denied, you usually have six months from the denial date to file a lawsuit.
5. Can I file a personal injury claim after the deadline has passed?
In most cases, no. Once the deadline expires, California courts will likely dismiss your case—even if your injuries are serious. That’s why it’s critical to act quickly and talk to a personal injury attorney to find out exactly how much time you have left.
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