How Long Do You Have to File a Personal Injury Claim in California?
If you’ve been hurt in an accident—whether it happened on the 405, in a grocery store parking lot, or while walking through your neighborhood—the clock generally starts ticking right away. One of the most important legal rules you need to know is this:
You only have a limited time to file a lawsuit.
This deadline is called the statute of limitations, and in California, once it passes, you may lose your right to pursue compensation—no matter how strong your case is. That’s why acting quickly is so important, even if you’re still recovering.
Let’s walk through the deadlines—and the exceptions that could either extend or dramatically shorten the time you have.
The Standard Deadline: 2 Years From the Date of Injury
For most personal injury cases in California, you have two years from the date of the injury to file a lawsuit. This general rule applies to:
- Car accidents
- Slip and falls
- Dog bites
- Assault and battery
- Product liability claims
This two-year rule is based on California Code of Civil Procedure § 335.1. If you don’t file your claim in time, the court will likely dismiss your case, and you won’t be able to recover damages—even if liability is clear.
➤ Example:
If you were hit by a car on May 1, 2023, you must file your lawsuit by May 1, 2025.
Exceptions That Could Change Your Deadline
While most cases follow the two-year rule, several important exceptions can extend—or significantly shorten—the filing window. Understanding these is critical.
1. You Didn’t Discover the Injury Right Away (Delayed Discovery Rule)
Some injuries aren’t obvious immediately. In these cases, the “discovery rule” may apply—giving you one year from the date you discovered (or reasonably should have discovered) the injury to file your lawsuit.
This exception often applies to:
- Traumatic brain injuries
- Internal bleeding
- Spinal injuries
- Medical malpractice
- Surgical errors or misdiagnoses
Important: You’ll need to show that the delayed discovery was reasonable and that you acted promptly once you knew (or should’ve known) about the harm.
2. A Government Entity Was Involved (Strict 6-Month Rule)
If your injury was caused by a public agency—such as a city bus accident, government-owned property, or a municipal employee—you must follow a special two-step process:
- File an administrative claim with the agency within 6 months of the injury
- If denied, you then have 6 months from the date of denial to file a civil lawsuit
This applies to accidents involving:
- City buses (e.g., LADOT or Metro)
- Public schools
- Public sidewalks or buildings
- Government-owned vehicles
These deadlines are firm—and missing them typically ends your claim before it starts.
3. The Injured Person Is a Minor
If the injured person is under 18 at the time of the accident, the statute of limitations is generally paused (or “tolled”) until their 18th birthday. In most cases, they then have two years from the date they turn 18 to file a personal injury lawsuit.
Exception: For certain types of cases—like medical malpractice or claims against government entities—shorter time limits may still apply, even for minors.
4. Medical Malpractice Cases
While not always grouped with general personal injury, medical malpractice cases have unique rules in California:
- Standard deadline: 3 years from the date of injury, or
- 1 year from the date of discovery (whichever comes first)
And if you’re suing a government-run medical facility (like a county hospital), the 6-month claim rule still applies.
5. Mental Incapacity or Disability
In some cases, if the injured party is mentally incapacitated or unable to make legal decisions due to a disability, the statute of limitations may be tolled until the person is legally competent to act.
This can apply in cases involving:
- Severe head trauma
- Comas
- Cognitive or psychiatric conditions
Always consult an attorney to determine if this exception might apply—it’s complex and fact-specific.
How Deadlines Apply to Common LA Accidents
Here’s how all of this plays out in real-life scenarios across Los Angeles:
- Fender-bender on the freeway? You likely have 2 years to file.
- Hit by a city bus? You have just 6 months to file a claim.
- Slipped at a shopping mall? 2 years—unless it’s city-owned, then 6 months.
- PRP therapy delay after medical negligence? May fall under 1-year discovery rule.
- Minor on an e-scooter hit by a car? Clock may not start until they turn 18.
Why You Shouldn’t Wait
Even if you believe you have plenty of time, waiting can damage your case:
- Evidence disappears
- Witness memories fade
- Insurance companies devalue or delay on purpose
- Medical records may become harder to obtain
The earlier you speak with an attorney, the better chance you have of preserving key evidence and maximizing your claim’s value.
Not Sure If You’re Still Within the Deadline? Don’t Guess—Ask.
Even if you think it’s too late, don’t give up. California law makes room for exceptions—and we’re here to help you figure it out.
📞 Call Lawyer Gigi today for a free consultation.
We’ll walk you through your options, review the timeline for your specific case, and make sure your claim is protected—before it’s too late.
