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How Long Do I Have to File a Personal Injury Claim in California?

If you’ve been injured in an accident, your health and safety should be your top priority—but don’t overlook the legal clock that starts ticking the moment the injury occurs. In California, strict deadlines called statutes of limitations determine how long you have to file a personal injury claim. If you miss these deadlines, you could lose your right to seek compensation—even if your case is valid and serious.

The time limit to file a personal injury claim in California is generally two years from the date of the injury—but there are exceptions and nuances depending on your specific situation. That’s why it’s so important to speak with an attorney as soon as possible.

Every day that passes after your injury makes it harder to gather the evidence needed to prove your case. Witnesses’ memories fade, camera footage may be deleted, and physical conditions at the scene may change. The sooner you begin the legal process, the stronger your case can be.

Beyond evidence, there’s a legal urgency: if you file too late, your case can be dismissed entirely, and you’ll have no legal path to recover damages for your medical bills, lost wages, or pain and suffering.

California’s Personal Injury Statute of Limitations

In most cases, California law gives you two years from the date of your injury to file a personal injury lawsuit. This is known as the statute of limitations, and it applies to a wide range of injury claims—whether it’s a car accident, slip and fall, pedestrian injury, or other incident caused by someone else’s negligence.

The 2-Year Deadline: What It Means

This two-year window starts on the date of your injury. If you try to file a claim or lawsuit after that deadline, the court will likely dismiss your case—even if your injuries are severe or the other party was clearly at fault.

That means you could lose your right to seek compensation for:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Long-term disability or emotional trauma

Missing this deadline doesn’t just slow down your recovery—it could end your legal claim entirely.

Exceptions to the 2-Year Rule

The Discovery Rule

Under California’s Discovery Rule, the statute of limitations may be extended if:

  • The injury was not immediately apparent, or
  • The injured person did not know (and reasonably could not have known) that someone else's negligence caused their harm.

This rule often applies to:

  • Exposure to toxic substances
  • Medical malpractice
  • Latent injuries (e.g., brain trauma or internal damage)

In such cases, the two-year window may begin on the date you discovered the injury or the date you should have discovered it through reasonable diligence.

Injured Minors (Under Age 18)

If a child is injured due to someone else’s negligence, California law allows for tolling (pausing) the statute of limitations until the child turns 18. That means:

  • The two-year clock doesn’t start ticking until the minor reaches legal adulthood.
  • However, some exceptions apply, especially for government-related claims or birth injuries—so it’s still critical to consult an attorney early.

Mental Incapacity or Legal Disability

If a person is unable to understand their legal rights due to mental illness, cognitive disability, or other incapacities, the statute of limitations may be tolled until the person regains capacity. This rule ensures that all individuals have a fair opportunity to pursue justice.

Wrongful Death Claims

In California, wrongful death lawsuits must be filed within two years of the date of death, not necessarily the date of the injury or incident that led to the death. These cases often arise from:

  • Fatal car or truck accidents
  • Workplace injuries
  • Medical negligence
  • Dangerous property conditions

Because wrongful death claims have strict deadlines and involve surviving family members, prompt legal help is vital.

Special Cases: Claims Against Government Entities

If your injury involves a government agency, such as a city, county, school district, or public transportation authority, the rules are very different—and much stricter. In California, these types of claims fall under the Government Claims Act, and the deadlines are much shorter than typical personal injury cases.

You Have Just 6 Months to Act

Before you can sue a government entity, California law requires that you file an administrative claim within 6 months of the date of the injury. This deadline applies whether your claim is against:

  • A city or county (e.g., tripping on a broken city sidewalk)
  • A public bus system (e.g., MTA or municipal transit accident)
  • A public school or university (e.g., school-related injuries)
  • A state agency (e.g., Caltrans, CHP, or DMV-related accidents)

This claim must be submitted directly to the agency involved and must include specific legal language and details.

Filing Requirements Under California Government Code Section 911.2

Your administrative claim must:

  • Be submitted in writing to the correct government office
  • Clearly describe the facts of your injury, including when, where, and how it occurred
  • State your injuries and the amount of damages you are seeking
  • Be filed within 6 months of the incident (or possibly within 1 year, in some limited exceptions)

If the government entity rejects your claim, you then have only 6 months from the rejection date to file a lawsuit in civil court.

Why You Shouldn’t Wait Until the Deadline

Evidence and Witnesses Fade Quickly

Strong personal injury claims are built on clear, credible evidence. But over time:

  • Video footage (from security cameras or dashcams) may be erased
  • Physical evidence at the scene can be altered, cleaned up, or disappear
  • Eyewitnesses may move, forget details, or become unreachable
  • Medical records may be harder to connect directly to the incident if too much time has passed

The longer you wait, the harder it becomes to prove your case convincingly, especially when insurance companies are looking for any excuse to reduce or deny your claim.

Insurance Companies Use Delay Tactics

Insurers often act friendly in the beginning—but make no mistake: they’re not on your side. They may:

  • Stall communication
  • Ask for unnecessary paperwork
  • Downplay your injuries
  • Wait for the statute of limitations to expire

If you haven’t filed a lawsuit in time, they know you’ve lost your leverage—and your ability to demand compensation through the courts.

Filing Early Puts You in Control

Starting your legal process early:

  • Shows insurers you’re serious about your rights
  • Gives your attorney time to build a stronger case
  • Increases your chances of reaching a favorable settlement without going to court
  • Keeps all legal options open, including filing a lawsuit if necessary

At Tim Wright Law, we act quickly to preserve your evidence, notify insurers, and file all necessary paperwork. Our team ensures that every deadline is met—and your claim is positioned for success.

Contact Us Now—Don’t Risk Missing Your Deadline

When it comes to personal injury claims, time is your most valuable asset—and once it runs out, there may be nothing even the best attorney can do to help. If you were injured in an accident and believe someone else was at fault, now is the time to act. At Tim Wright Law, we’re here to make sure you don’t miss your opportunity to recover the compensation you deserve.

We understand how overwhelming it can be to deal with legal concerns while you’re recovering physically and emotionally. That’s why we make it easy to reach us and get answers fast. Whether your injury happened yesterday or months ago, we’ll review your situation, explain your rights, and take immediate action to preserve your claim.

Our goal is to simplify the process and take the pressure off your shoulders—while aggressively protecting your legal rights and financial future.

Speak With an Attorney Today

📍 Burbank Office – Personal Injury Cases
1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506
📞 (323) 379-9995

📍 Van Nuys Office – Workers’ Compensation Cases
16555 Sherman Way, Suite B2
Van Nuys, CA 91406
📞 (818) 428-1080

📧 Email: firm@timwrightlaw.com
🌐 Contact Form: www.timwrightlaw.com/contact

Our team serves clients across Southern California, including Burbank, Van Nuys, North Hollywood, Pasadena, Riverside, and surrounding communities.

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I am very satisfied and thankful with Attorney Tim Wright and his whole team for taking care and handling my fathers personal injuries case. Thank you all very much your staff is amazing, very helpful.
Abraham Ortega
The Law Offices of Tim D. Wright were awesome. They were professional, they kept an open communication with me through out the process.  Big shout out to Sergio and Mercedes for being very helpful with my settlement.
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