After suffering an injury because of someone else’s negligence, you may be entitled to compensation for your medical expenses, lost income, pain, and other losses. However, your right to pursue compensation does not remain open indefinitely.
California law establishes deadlines for filing personal injury lawsuits. These deadlines are known as statutes of limitations.
In most California personal injury cases, an injured person generally has two years from the date of the injury to file a lawsuit. However, shorter deadlines, delayed-discovery rules, and other exceptions may apply depending on the type of accident, the identity of the responsible party, and the injured person’s circumstances.
Missing the applicable deadline may result in the court dismissing your case, regardless of how serious your injuries are or how clearly another party was responsible.
What Is a Statute of Limitations?
A statute of limitations is a law that limits how much time a person has to begin a legal action.
For a personal injury case, filing a lawsuit generally means submitting a formal complaint to the appropriate California court before the legal deadline expires. Merely reporting the accident, submitting an insurance claim, negotiating with an adjuster, or receiving medical treatment does not necessarily protect the filing deadline.
California courts explain that a person who attempts to sue after the statute of limitations expires will generally lose the ability to pursue the case. Calculating the correct deadline can be fact-specific and complicated.
The General California Personal Injury Deadline Is Two Years
California Code of Civil Procedure section 335.1 generally provides a two-year statute of limitations for lawsuits involving injury to or the death of an individual caused by another person’s wrongful act or negligence.
This two-year period commonly applies to cases involving:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Uber and Lyft accidents
- Slip-and-fall accidents
- Dog bites
- Premises liability
- Defective products
- Construction accidents
- Assault and battery
- Wrongful death
For example, if a person is injured in a car accident on July 15, 2026, the general filing deadline may be July 15, 2028.
However, this is only a general illustration. The actual deadline may be affected by the facts of the case, the identity of the defendant, or a law applying to that particular type of claim.
When Does the Two-Year Period Begin?
In many personal injury cases, the statute of limitations begins on the date the injury occurs.
This is usually straightforward when an injury results from a sudden event such as:
- A motor vehicle collision
- A fall at a business
- A dog attack
- A construction accident
- A physical assault
The accident date and injury date are usually the same in these situations.
However, not every injury is immediately apparent. Symptoms may develop gradually, or the injured person may not initially know that another party’s conduct caused the condition.
In those cases, California’s discovery rule may affect when the filing period begins.
What Is the Discovery Rule?
The discovery rule may delay the beginning of the statute of limitations when an injury or its cause could not reasonably have been discovered immediately.
California courts explain that when an injury or damage is not discovered right away, the limitations period may begin when the person actually discovered—or reasonably should have discovered—the problem.
The discovery rule may become relevant in cases involving:
- Hidden medical injuries
- Toxic exposure
- Defective medical products
- Slowly developing conditions
- Injuries that were initially misdiagnosed
- Harm caused by a concealed defect
The rule does not necessarily allow someone to wait indefinitely. The question often becomes when a reasonable person would have suspected that they had been harmed and that another person’s conduct may have caused the harm.
Because disputes frequently arise over when an injury should have been discovered, anyone relying on this rule should obtain legal advice as soon as possible.
Claims Against Government Entities Have Much Shorter Deadlines
Personal injury cases involving a government agency are subject to special rules.
Before filing a lawsuit against many California public entities, an injured person generally must first submit an administrative claim to the appropriate government agency. For claims involving injury to a person, that claim usually must be presented within six months after the claim arose.
Potential government defendants may include:
- The State of California
- Caltrans
- A city
- A county
- A public school district
- A police department
- A public transportation agency
- A government-owned hospital
- A public employee acting within the scope of employment
Examples of cases that may involve a public entity include:
- A collision involving a city vehicle
- An accident involving a public bus
- Injuries caused by a dangerous public roadway
- A fall on government property
- A collision caused by a government employee
- An accident caused by defective traffic signals
- Injuries occurring at a public school
If the agency sends a proper written rejection, the injured person generally has six months from the delivery or mailing of that rejection notice to file a lawsuit. If the agency does not provide the required written notice, a different period may apply.
These rules are highly technical. Waiting for the ordinary two-year personal injury deadline could cause a person to lose a government claim.
What If the Government Claim Deadline Was Missed?
California law may provide a process for requesting permission to present a late government claim in certain circumstances.
However, late-claim relief is not automatic. Additional deadlines apply, and the agency or court may reject the request.
Anyone injured in an accident that may involve a government vehicle, employee, roadway, property, or agency should speak with an attorney immediately rather than assuming the ordinary personal injury deadline applies.
Medical Malpractice Claims Have Different Deadlines
Medical malpractice cases are not governed by the standard two-year personal injury period.
A lawsuit based on professional negligence by a California healthcare provider generally must be filed by the earlier of:
- Three years after the date of the injury; or
- One year after the plaintiff discovered, or reasonably should have discovered, the injury.
Certain limited exceptions may apply, including circumstances involving fraud, intentional concealment, or a foreign object left inside the patient.
Healthcare providers may include:
- Doctors
- Surgeons
- Dentists
- Chiropractors
- Hospitals
- Clinics
- Nurses
- Other licensed medical professionals
California also generally requires a person pursuing a medical malpractice lawsuit to provide the healthcare provider with at least 90 days’ advance notice of the intention to sue. The notice must identify the legal basis of the claim, the injuries suffered, and the type of losses being claimed.
Medical malpractice deadlines are particularly complex and should be evaluated by a qualified attorney.
How Long Do You Have to File a Wrongful Death Claim?
A wrongful death lawsuit is generally subject to a two-year filing deadline under California Code of Civil Procedure section 335.1.
In many cases, the period begins on the date of the person’s death rather than the date of the underlying accident.
A wrongful death claim may arise from:
- A fatal car accident
- A truck collision
- A pedestrian accident
- A dangerous property condition
- A defective product
- Medical negligence
- An intentional act
Different rules may apply if the death involved medical malpractice, a government entity, or circumstances in which the cause of death was not immediately known.
Families should seek legal assistance promptly so evidence can be preserved and the correct deadline can be determined.
What Is the Deadline for Property Damage?
A personal injury claim and a property damage claim arising from the same accident may have different filing deadlines.
California generally allows three years to file a lawsuit for damage to personal property.
For example, following a car accident:
- The bodily injury claim may have a two-year deadline.
- The vehicle damage claim may have a three-year deadline.
Although these claims may arise from the same collision, injured people should not assume they have three years to pursue compensation for their physical injuries.
Does Filing an Insurance Claim Stop the Deadline?
Generally, no.
Reporting the accident to an insurance company does not ordinarily stop the statute of limitations. Neither do ongoing negotiations with an adjuster.
An insurance company may continue communicating with an injured person while the filing deadline approaches. Unless a lawsuit is properly filed or a legally valid agreement changes the deadline, settlement discussions alone may not protect the claim.
Do not rely on statements such as:
- “We are still reviewing the claim.”
- “We need additional medical records.”
- “A settlement decision will be made soon.”
- “There is no need to hire an attorney.”
- “We will contact you when the investigation is complete.”
The insurance company is not responsible for protecting your deadline.
What Does It Mean to Toll the Statute of Limitations?
“Tolling” means that the running of a legal deadline is paused or delayed under particular circumstances.
Tolling may apply when:
- The injured person was a minor when the claim arose.
- The injured person lacked legal capacity at the time the claim arose.
- The defendant was outside California under circumstances covered by law.
- The defendant concealed wrongdoing.
- Another specific statute delayed the deadline.
Whether tolling applies depends on the facts and the law governing the claim. It should never be assumed without a legal review.
What If the Injured Person Is a Minor?
California law generally provides that when a person entitled to bring certain claims is under the age of majority at the time the claim arises, the period of minority is not counted as part of the ordinary limitations period.
This can mean that the filing period does not begin until the child turns 18.
However, important exceptions apply.
The general tolling rule does not apply in the same way to claims against public entities, and medical malpractice claims involving minors have their own rules.
Parents should not delay seeking legal advice simply because the injured person is a child. Evidence can disappear, witnesses can become unavailable, and some claims may still require action within a much shorter period.
What If the Injured Person Lacks Legal Capacity?
California Code of Civil Procedure section 352 also provides potential tolling when the injured person lacked the legal capacity to make decisions at the time the claim arose.
This issue may arise when a person suffers a severe brain injury, is unconscious, or has another condition affecting legal capacity.
The existence and duration of incapacity may be disputed. Medical evidence and a careful review of the applicable law may be necessary.
What If the Responsible Party Leaves California?
California law contains a provision addressing periods when a defendant is outside the state. Depending on the circumstances, the defendant’s absence may not be counted as part of the applicable limitations period.
However, the application of this provision can be legally complicated, particularly when the defendant remains subject to service of process.
An injured person should not rely on a defendant’s absence as a reason to delay filing a lawsuit.
Does the Deadline Change for a Hit-and-Run Accident?
The ordinary deadline for a personal injury lawsuit may still apply even when the responsible driver is unidentified.
However, a hit-and-run accident may also involve an uninsured motorist claim under the injured person’s own automobile insurance policy. Insurance policies and California law may impose separate notice, cooperation, and arbitration requirements.
Immediately after a hit-and-run accident, an injured person should:
- Report the collision to law enforcement.
- Notify the insurance company promptly.
- Preserve photographs and surveillance footage.
- Obtain witness information.
- Review uninsured motorist coverage.
- Speak with an attorney about all applicable deadlines.
The fact that the other driver has not yet been identified does not mean the injured person can safely wait.
What If You Did Not Know Who Was Responsible?
Sometimes the identity of the responsible individual or company is not immediately known.
For example:
- A commercial truck may involve several related businesses.
- A property owner may use a separate management company.
- A defective product may pass through multiple sellers.
- An employee may have been acting for an undisclosed employer.
- A rideshare driver’s app status may be unclear.
California procedure may permit the use of fictitious “Doe” defendants in certain lawsuits when responsible parties have not yet been identified. However, strict requirements apply to later replace a Doe defendant with the correct person or business.
An attorney can investigate ownership, employment, corporate, insurance, and contractual records before critical deadlines expire.
What Happens If You Miss the Filing Deadline?
When a lawsuit is filed after the applicable statute of limitations expires, the defendant may ask the court to dismiss the case.
If the defense succeeds, the injured person may lose the ability to recover compensation for:
- Medical expenses
- Future treatment
- Lost wages
- Loss of earning capacity
- Physical pain
- Emotional distress
- Permanent disability
- Scarring or disfigurement
- Loss of enjoyment of life
The result can be the loss of the entire claim, even when liability appears clear.
An expired deadline does not always mean that no legal options remain. An exception, delayed discovery, tolling rule, or different legal claim may apply. However, these possibilities require immediate analysis.
Why You Should Not Wait Until the Deadline Approaches
The statute of limitations is only one reason to act promptly.
A successful personal injury claim often depends on evidence that may disappear long before the legal filing deadline.
Important evidence may include:
- Surveillance footage
- Dashcam recordings
- Vehicle electronic data
- Photographs of a dangerous condition
- Witness statements
- Maintenance records
- Driver phone records
- Employment records
- Medical documentation
- Defective products or vehicle components
Businesses may overwrite surveillance video within days or weeks. Vehicles may be repaired or destroyed. Witnesses may move, forget details, or become difficult to locate.
Contacting an attorney early allows preservation notices to be sent and an investigation to begin while the evidence is still available.
How Can You Protect Your Personal Injury Claim?
After an accident or injury:
- Seek medical care promptly.
- Report the accident to the proper authority.
- Photograph the accident scene and your injuries.
- Obtain witness contact information.
- Save medical bills, wage records, receipts, and correspondence.
- Avoid posting about the accident on social media.
- Do not sign a release without understanding its effect.
- Do not assume insurance negotiations extend the deadline.
- Determine whether a government entity may be involved.
- Contact a California personal injury attorney as soon as possible.
An attorney can identify the correct defendants, calculate the applicable deadlines, preserve evidence, communicate with insurance companies, and file the necessary documents.
Frequently Asked Questions
Do I Always Have Two Years to File a Personal Injury Lawsuit?
No. Two years is the general deadline for many California personal injury cases, but claims involving government entities, medical malpractice, minors, delayed injuries, and other circumstances may have different rules.
Can I File a Claim After Two Years?
Possibly, but only if an exception, discovery rule, tolling provision, or different limitations period applies. An attorney should review the facts immediately.
Does the Insurance Company Have to Warn Me About the Deadline?
You should not depend on an insurance adjuster to calculate or protect your statute of limitations. The responsibility for filing the lawsuit on time generally belongs to the injured person.
Does a Police Report Count as Filing a Claim?
No. A police report documents the accident but does not file a civil lawsuit or necessarily satisfy an administrative claim requirement.
Does an SR-1 Report Filed With the DMV Protect the Deadline?
No. A California DMV accident report is separate from a personal injury lawsuit and does not ordinarily stop the statute of limitations.
Should I Wait Until My Medical Treatment Is Finished?
No. Treatment may continue for months or years, but the legal deadline continues to run. Your attorney can file a lawsuit while medical care remains ongoing.
Speak With a California Personal Injury Attorney Before Time Runs Out
Determining the filing deadline for a personal injury case can be more complicated than simply counting two years from the accident date.
The correct deadline may depend on:
- The type of injury
- When the injury was discovered
- Whether the injured person was a minor
- Whether a government entity was involved
- Whether medical malpractice occurred
- Whether the defendant left the state
- Whether the defendant concealed important facts
- Whether another tolling rule applies
Royal Law Group, PC represents individuals and families injured in car accidents, truck accidents, rideshare collisions, pedestrian accidents, slip-and-fall incidents, and other serious accidents throughout Los Angeles and California.
Our legal team can review the circumstances of your injury, determine the deadlines that may apply, preserve important evidence, and pursue the compensation you deserve.
Contact Royal Law Group, PC today for a free consultation. You pay no attorney’s fees unless we win your case.
This article is provided for general informational purposes only and does not constitute legal advice. Statutes of limitations and claim-presentation requirements are fact-specific and may change. Speak with a qualified California attorney about your particular circumstances.