Deadlines guide
How Long Do You Have to File a Personal Injury Lawsuit in California?
Understand California personal injury filing deadlines, shorter government-claim rules, medical malpractice timing, and why exceptions require individual review.
Direct answer
How long do I have to file a personal injury lawsuit in California?
California Code of Civil Procedure section 335.1 generally gives two years to file an action for injury or death caused by another person’s wrongful act or neglect. That is only a starting rule. Claims against public entities commonly require a written government claim within six months, medical malpractice has a different one-year/three-year framework, and tolling or other statutes may change the analysis. Never calculate a deadline from a general website alone.
Key points
What matters most
- The general California personal injury period is two years, but important exceptions exist.
- A government claim may be due within six months—well before a lawsuit deadline.
- Medical malpractice, minors, delayed discovery, and defendant identity can change the analysis.
- Evidence can disappear long before the legal deadline expires.
The general two-year rule
Code of Civil Procedure section 335.1 states that an action for assault, battery, injury, or death caused by another’s wrongful act or neglect must be filed within two years. In a straightforward accident case, that period commonly begins on the date of injury.
A claim made to an insurer is not the same as filing a lawsuit. Negotiations generally do not stop a statute from running unless a legally valid tolling agreement or rule applies. A pending claim number or settlement discussion should never be treated as proof that the filing deadline is protected.
Deadlines that can be much shorter
Claims involving a city, county, public school, transit authority, public hospital, road condition, or government employee can trigger the Government Claims Act. Government Code section 911.2 generally requires presentation of a claim for personal injury or death within six months after accrual.
Medical malpractice is governed by Code of Civil Procedure section 340.5 and can require filing within one year after discovery, or when the injury reasonably should have been discovered, and no later than three years after the injury, subject to statutory rules and exceptions. A 90-day notice requirement may also apply before filing against a health care provider.
Why exceptions cannot be reduced to an online calculator
The injured person’s age, capacity, date of discovery, identity of the defendant, fraudulent concealment, a defendant’s absence, delayed diagnosis, wrongful death, and the type of defendant may affect timing. Federal claims and claims arising outside California can follow different rules.
An exception must fit the governing statute and facts. It is risky to assume that a minor, a late-discovered condition, or ongoing treatment automatically extends every deadline. Preserve the dates and obtain a claim-specific analysis.
Orange County filing and venue
The Orange County Superior Court notes that venue is commonly based on where the defendant lives or where the injury occurred. The correct justice center and civil classification depend on the claim and amount at issue.
The filing deadline is only one part of preparation. A complaint must identify viable parties and legal claims, and service and procedural requirements follow. Waiting until the final days leaves less time to investigate ownership, insurance, public-entity status, and correct names.
Build a deadline file immediately
Record the incident date, first symptoms, diagnosis dates, date a condition was discovered, every involved person or entity, public-agency contacts, insurer letters, claim denials, and any notice of a deadline. Keep envelopes and electronic delivery records.
A timely review also helps preserve surveillance footage, vehicle data, maintenance records, witness recollection, and physical evidence. Even when the statute is months away, the proof may not be.
Frequently asked questions
Questions about this issue
Is every California injury claim subject to a two-year deadline?
No. Two years is a common general rule, but government claims, medical malpractice, federal claims, minors, delayed discovery, and other circumstances can follow different rules.
Does negotiating with an insurance company stop the deadline?
Usually not by itself. A claim or negotiation is not a filed lawsuit. Do not rely on informal assurances that more time is available.
What is the deadline for an injury caused by Orange County?
Government Code section 911.2 generally requires a written claim for personal injury or death within six months after accrual, but the responsible public entity and claim procedure must be confirmed.
Can I wait until treatment ends before speaking with a lawyer?
That can be dangerous because legal and evidence-preservation deadlines continue while treatment is underway.
Primary sources