California Personal Injury Statute of Limitations (2-Year & 6-Month Rule)
Quick Answer
In California, you generally have two years from the date of injury to file a personal injury lawsuit. However, if a government entity is involved, you may have only six months to file a claim.
Missing these deadlines can permanently prevent you from recovering compensation.
My Experience With Missed Deadlines
As a personal injury attorney, I’ve handled cases across California for many years — and one of the most frustrating situations I see is when someone has a strong case… but waited too long.
Deadlines don’t care how strong your case is.
If you miss them, the case is usually over.
The biggest issue?
Most people know about the two-year rule.
Very few know about the six-month government deadline — and that’s the one that catches people off guard.
If you’re unsure how your case fits into the legal process, this overview can help:
š
car accidents: causes, prevention, and legal options
The Standard 2-Year Deadline
California law generally gives you:
š 2 years from the date of the injury to file a lawsuit
This applies to most cases, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Slip and fall injuries
- Dog bites
- General negligence cases
For example:
If your accident occurred on March 10, 2024 →
Your filing deadline is March 10, 2026
Even filing one day late can result in dismissal.
The 6-Month Government Claim Rule
This is where most people make mistakes.
If the at-fault party is a government entity or employee, you may only have:
š 6 months to file a claim
This includes situations involving:
- City buses (MTS, Metro, etc.)
- Police vehicles
- Fire department vehicles
- School district vehicles
- City or county property hazards
- Public road defects
Here’s what happens:
- You file a claim with the government entity
- They accept or reject it
- If rejected, you then have a limited time to file a lawsuit
The problem is — many people assume they still have two years.
By the time they speak to a lawyer, the deadline has already passed.
Why This Deadline Traps People
A very common scenario:
- Someone is injured by a city vehicle
- They focus on recovery
- They assume they have time
- They wait several months
At that point, the claim may already be time-barred.
Do Insurance Claims Extend the Deadline?
No.
This is a major misconception.
š Filing an insurance claim does NOT stop the clock
š Negotiating does NOT stop the clock
š Waiting for a response does NOT stop the clock
The lawsuit (or government claim) must be filed before the deadline.
What Happens If You Miss the Deadline
If the statute of limitations expires:
- Your case is typically dismissed
- You cannot recover compensation
- Insurance companies will not pay
- Courts will not revive the claim
Even if:
- The injuries are severe
- The other party is clearly at fault
This is one of the harshest realities of personal injury law.
Exceptions That May Apply (But Rarely Do)
There are limited exceptions, including:
The Discovery Rule
If you didn’t know about the injury right away, the clock may start later.
Minors
The clock may not begin until age 18.
Mental Incapacity
In rare cases, the deadline may be paused.
These exceptions are narrowly applied and should not be relied on without legal guidance.
Why Acting Early Matters (Even With Time Left)
Even if you have time, waiting can hurt your case.
Over time:
- Evidence disappears
- Witnesses become harder to find
- Surveillance footage is deleted
- Vehicle damage is repaired
- Medical timelines become less clear
I’ve seen strong cases weaken simply because too much time passed.
If you're wondering how delays affect your case timeline, read:
š
how long a car accident settlement takes in California
How Delays Affect Case Value
Waiting doesn’t just risk deadlines — it can reduce your compensation.
Insurance companies may argue:
- Your injuries aren’t related
- Your injuries aren’t serious
- You delayed treatment
This is a common issue:
š
what if the insurance company says your injuries aren’t serious
Understanding the Value of Acting Early
Taking action early helps:
- Preserve evidence
- Strengthen your claim
- Increase settlement value
- Avoid deadline issues
If you want to understand how case value is calculated, read:
š
how much a car accident settlement may be worth in San Diego
Speak With a Personal Injury Attorney Before It’s Too Late
If you’ve been injured in California, the most important thing you can do is understand your timeline early.
At Accident Law Center, I work directly with clients to:
- Evaluate deadlines
- Protect their rights
- Build strong cases from the start
Call:
Los Angeles: (213) 204-5324
San Diego: (619) 525-0001
Free consultation. No fee unless we recover compensation.
FAQs
How long do I have to file a personal injury claim in California?
Generally two years from the date of injury.
What if a government vehicle caused the accident?
You may only have six months to file a claim.
Does filing an insurance claim protect my deadline?
No. Only filing a lawsuit or proper claim preserves your rights.
Can the deadline be extended?
Rarely. Exceptions exist but are narrowly applied.
What happens if I miss the deadline?
Your case will likely be dismissed permanently.
