Quick answer: Generally two years from the date of injury, under Code of Civil Procedure section 335.1. But if a public entity may be responsible, a written government claim is generally due within six months under Government Code section 911.2, long before any lawsuit. And special rules for minors, late-discovered injuries, and claims against health care providers can move the line in either direction. Treat two years as the outer wall, never as the plan.
Deadlines are the least interesting part of injury law and the most fatal. Nobody loses a case more completely than the person who missed the clock, because the merits never get heard. Here is how the California clocks actually run. Call (626) 888-2223 and you will speak directly with Tom Vertanous.
The rule everyone knows: two years
For most California personal injury lawsuits, Code of Civil Procedure section 335.1 gives you two years from the date of injury to file suit. Car crashes, falls, dog bites, most negligence cases against private people and companies: two years is the governing wall. File one day late and the strongest case in the county is worth nothing, because the court never reaches it.
The rule that kills good cases: six months
Now the exception that swallows the comfort. If a public entity may share responsibility, a city, a county, the state, a school district, or a transit agency, you generally cannot just sue. A written government claim must be presented to that entity within six months of the injury under Government Code section 911.2, and the lawsuit follows on its own short clock after the claim is rejected. A crash with a government vehicle, a fall on a public sidewalk, a dangerous road: all of them run on the six-month track, and the people who wait on the two years they think they have are the people this rule buries. We walk the entire sequence, step by step, in our guide to the government claim deadline.
Situations that move the line
All of the following are stated generally, because each carries technical rules of its own:
- Children. The deadline for a minor's own injury claim is generally paused during childhood, but public entity claims and other special rules can cut against that comfort. Never assume a child's case can wait.
- Injuries discovered later. When an injury or its cause was not reasonably discoverable right away, the clock can start later. The fight over when you knew, or should have known, is a real fight, and it is won with records.
- Claims against health care providers. Medical negligence runs on its own, different deadline structure with its own notice requirements. If a doctor or hospital is in the picture, get advice immediately.
- Wrongful death. The family's claim is generally measured from the death, and the layered rules are covered on our wrongful death page.
The real deadline is earlier than the legal one
Whatever the statute says, the evidence keeps its own calendar. Camera footage is overwritten in days or weeks. Vehicles get repaired and scrapped. Skid marks fade, defects get patched, and witnesses move and forget. A case filed on time but investigated late is a weaker case, every time. Calling a lawyer early does not commit you to anything; it preserves everything while you decide. That is true across our entire Pasadena personal injury practice, and it is the single cheapest thing an injured person can do for their own case.
A common example
Consider two neighbors injured in separate crashes the same week. One is hit by a privately owned SUV; her lawsuit deadline is generally two years under Code of Civil Procedure section 335.1. The other is hit by a transit bus; his path starts with a written government claim generally due within six months under Government Code section 911.2. Both assume "injury cases have two years." She is right. He is wrong, and if he waits even seven months to make his first phone call, his case may already be over while hers has barely started. Identical injuries, opposite outcomes, decided entirely by whose bumper did the hitting.
Frequently asked questions
Is the deadline really two years for every California injury case?
No, and that assumption is dangerous. Two years under Code of Civil Procedure section 335.1 is the general rule for personal injury lawsuits, but public entity cases require a written government claim within six months, claims against health care providers run on different rules, and special rules for minors and late-discovered injuries can move the line in either direction. Treat two years as the outer wall, never as the plan.
What if a city vehicle or public property was involved?
Then the deadline that matters is measured in months, not years. Before suing a California public entity you generally must present a written government claim within six months of the injury under Government Code section 911.2, and the lawsuit follows on its own short clock after the claim is rejected. This single rule kills more good cases than any defense argument, because people wait on the two years they think they have.
I am past the two years. Is it hopeless?
Usually a lawsuit filed after the deadline is barred, and honesty requires saying so. But the analysis is not always that simple: when the clock started, whether it paused, and which rule applies are legal questions, not calendar questions, and the answer sometimes surprises people. Call before concluding anything, because the consultation is free and being wrong in the hopeful direction costs nothing to check.
Do insurance claims have the same deadline as lawsuits?
No. The statute of limitations governs when a lawsuit must be filed. Insurance claims run on practical and contractual timelines that are usually much shorter: policies require prompt notice, uninsured motorist claims carry their own timing rules, and evidence disappears in weeks either way. The lawsuit deadline is the last wall, not the schedule.
Not sure which clock your case is on? That is a twenty-minute phone call.
Free, confidential consultation. You will speak directly with Tom Vertanous, in English, Armenian, or Farsi. The Vertanous Firm has recovered more than $60 Million for injured Californians. No fee unless we win.
Request a ConsultationResults depend on the unique facts of each case. Prior results do not guarantee or predict a similar outcome in any future matter. This article is general information about California law, not legal advice, and does not create an attorney-client relationship. Responsible for content: Tom Vertanous, Esq., The Vertanous Firm, P.C., SBN 330760, (626) 888-2223.