How Long Do You Have to File a Personal Injury Claim in California?
In most cases, you have two years to file a personal injury lawsuit in California, and wrongful death claims generally follow that same timeline. That answer matters early because a missed deadline can end a claim before a court reviews liability or damages. For injured people and grieving families in La Habra and across California, Dixon Law handles personal injury, wrongful death, and workers’ compensation matters.
Time matters for practical reasons as well. Records can be harder to gather, witness memories can fade, and claims involving a public entity may move on a much shorter calendar. California Courts says personal injury claims usually must be filed within two years from the date of injury, while Code of Civil Procedure section 335.1 sets the general two-year period for injury and death caused by another’s wrongful act or neglect.
The standard rule starts with two years
California law generally gives an injured person two years to file suit, and that same statute generally covers wrongful death claims arising from another party’s wrongful act or neglect. This is the default rule in many car accident and premises liability matters, but the facts should still be checked carefully, especially when the injury date, cause, or liable party is not immediately clear.
Because treatment and insurance communications can create a false sense that there is still plenty of time, an early review of the filing deadline with our personal injury lawyer can help prevent avoidable timing mistakes.
Claims against public entities move much faster
A different timeline may apply when the case involves a city, county, school district, or another public entity. Government Code section 911.2 generally requires a claim relating to death or personal injury to be presented within six months after accrual. California Courts also warns that if you want to sue a government agency, the deadline is shorter. Missing that step can damage the case even if the usual two-year statute has not yet run.
That shorter schedule is one reason claims involving public transportation, dangerous road conditions, or injuries on government property should be reviewed quickly, and our personal injury attorney can determine whether the public-entity claim process applies.
Why early review still matters
Even when the statute appears simple, prompt investigation can help preserve the proof needed to support the claim. Photos, incident reports, and medical documentation often carry more weight when collected early. Early review can also help identify missing records, confirm how the injury occurred, and reduce the risk that key details become harder to verify as time passes.
If you want to understand how these timing rules may apply to your case, review our practice areas page and contact us today before a deadline issue becomes part of the dispute.
Exceptions can change when the clock runs
The two-year rule is important, but it is not always the final answer. California Courts explains that sometimes the statute of limitations starts when the problem was discovered or reasonably should have been discovered. The courts also note that medical malpractice follows a different deadline, and the self-help page for healthcare claims states that a lawsuit generally must be filed by the earlier of one year after the injury was or should have been discovered, or three years from the date of injury.
State law also addresses tolling for minors in some civil actions, although that tolling does not apply the same way to claims against public entities. When a case involves delayed discovery, minority, or possible medical negligence, our accident lawyer can review which rule controls instead of assuming the ordinary deadline is the only one that matters.
The right facts matter as much as the statute
No one should assume that settlement talks or ongoing treatment will pause the filing deadline. What matters is the controlling statute and the facts that determine when the claim accrued. Learning more through our About us page can help you understand the firm.
That is why these timing issues should be reviewed carefully, and our accident attorney can then determine whether the standard deadline or an exception may apply.
Don’t let the deadline close the door
California filing rules can look simple at first and become harder once exceptions or public-entity requirements enter the picture. Dixon Law serves clients in Orange County and throughout California in personal injury and wrongful death matters. If you need answers about how much time may be left to file, contact us today to discuss your situation before more time is lost.
