In California, there are strict deadlines for filing a personal injury claim that, if missed, can permanently bar you from seeking compensation. This resource details the standard two-year window for most cases and explains critical exceptions, such as claims against government entities. Understanding these timelines is vital for protecting your legal standing after an accident.
Disclaimer:
The information provided in this article is for general informational and educational purposes only. It is not intended to constitute legal advice and does not create an attorney-client relationship. Statutes of limitations and legal rights can vary based on specific facts and circumstances. You should not rely on this information without consulting a qualified attorney about your particular situation.
In the legal world, time is not just money—it is the difference between receiving a million-dollar settlement and receiving absolutely nothing.
The Statute of Limitations is a law that sets a strict deadline for how long you have to file a lawsuit after an incident. In California, these deadlines are unforgiving. If you file your paperwork one day late, the court will almost certainly dismiss your case, barring you from recovering compensation forever.
Navigating these timelines can be deceptive and full of pitfalls for the unwary. While most people believe they have two years to sue, there are numerous exceptions that can shorten this window to as little as six months or extend it for several years. This guide breaks down the specific deadlines for personal injury, government claims, and medical malpractice under current California law.
The General Rule: The Two-Year Window (CCP 335.1)
For the vast majority of personal injury cases in California, the rule is simple. Under California Code of Civil Procedure (CCP) § 335.1, you have two years from the date of the injury to file a lawsuit against the responsible party.
This two-year clock applies to actions such as:
When Does the Clock Start?
Technically, the clock starts ticking the moment the injury occurs.
Example: If you are rear-ended on January 15, 2025, you must file your lawsuit by January 15, 2027.
Crucial Exception: Suing the Government
If your injury was caused by a government entity—such as a city bus driver, a public school district, or a pothole on a county road—the two-year rule does not apply.
You must follow the strict procedures of the California Tort Claims Act.
The 6-Month Rule
You have only 6 months (180 days) from the date of the incident to file an administrative claim with the specific government agency involved.
Example: You trip on a broken sidewalk maintained by the City of Los Angeles. You must file a claim form with the City Clerk within 6 months.
Rejection Letters and Next Steps
Once you file your administrative claim, the government has 45 days to respond.
If they reject your claim (which is standard): They will send you a “Notice of Rejection.” You then have only 6 months from the date of that letter to file a lawsuit in court.
If they ignore your claim: If they do not respond within 45 days, the claim is rejected by operation of law. In this specific scenario, you generally have 2 years from the date of the accident to file a lawsuit.
Warning: Never rely on the government to ignore you. Assume the 6-month deadline applies.
Medical Malpractice Deadlines (MICRA)
Medical malpractice cases operate under a completely different set of rules (CCP § 340.5). These deadlines are complex because medical errors aren’t always immediately obvious.
The law uses a “Two-Prong” test. You must file your lawsuit by whichever of these dates comes first:
1 Year from the date you discovered (or reasonably should have discovered) the injury.
3 Years from the date the injury actually occurred.
The “Discovery” Trap
The 1-year clock is the one that catches most people. If a surgeon leaves a sponge inside you in 2023, but you don’t feel pain until a CT scan reveals it in 2025, you have one year from that 2025 scan to sue. However, the 3-year outside limit is absolute. Even if you don’t discover the error for 5 years, you are generally barred from suing (unless there is proof of fraud or intentional concealment by the doctor).
MICRA 2025 Updates
While recent legislation (AB 35) significantly increased the amount of money you can be compensated for in malpractice cases (raising the non-economic damage caps), it did not extend the statute of limitations. The strict 1-year/3-year filing deadlines remain in force for 2025/2026.
What Happens If You Miss the Filing Deadline?
If you miss the statute of limitations, the defendant will file a motion called a “Demurrer” or “Motion for Summary Judgment,” asking the court to dismiss the case solely because it is time-barred.
Courts are incredibly strict about this. It does not matter how severe your injuries are or how clear the liability is. If you miss the deadline, the door to justice is closed.
There are extremely rare exceptions (such as if the defendant fled the state of California to avoid being served), but you should never plan your legal strategy around these “Hail Mary” exceptions.
Frequently Asked Questions (FAQ)
Can you sue after the 2-year limit?
Generally, no. Unless you qualify for a specific tolling exception (like being a minor or mentally incapacitated at the time of injury), the 2-year limit is a hard deadline.
How long do I have to sue a city or county?
You must file an administrative government claim within 6 months of the incident. This is a prerequisite to filing a lawsuit. Do not wait for the 2-year mark.
Does the statute of limitations apply to insurance claims?
Technically, no. The statute of limitations applies to lawsuits. However, insurance companies use the statute as their cutoff. They know that once the 2-year deadline passes, you can no longer force them to pay via a lawsuit, so they will close your claim file the day the statute expires.
Reminder:
This content is for informational purposes only and should not be relied upon as legal advice. Every case is different. If you have questions about your rights or deadlines, consult a qualified attorney promptly.
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