How Long Do You Have to File a Personal Injury Claim?
California statute-of-limitations deadlines for personal injury claims, including the strict six-month rule when a government entity is involved.
- By
- Victorville PI Resource Editorial Team
- Published
- Updated
Few questions matter more after an injury than how much time you have to act. Miss the deadline and a valid claim can be permanently barred, no matter how strong it was. This guide explains the main California deadlines and the exceptions that can shorten — or, less often, extend — them. It is general legal information, not legal advice.
The general rule: two years
In most California personal injury cases, the statute of limitations is two years from the date of injury under Code of Civil Procedure section 335.1 (opens in new tab). That window applies to typical car, truck, motorcycle, and slip-and-fall injuries. If you do not file a lawsuit within that period, the court will almost certainly dismiss the case.
The short clock: claims against the government
If your injury involves a government entity — a city or county vehicle, a dangerous condition on a public road, or a hazard on government property — a very different and much shorter deadline applies. Under the California Government Claims Act, you generally must present a formal written claim to the entity within six months of the incident.
If the entity denies the claim, you then have a limited window to file suit. The High Desert has plenty of public roads and facilities, so this rule comes up more often than people expect. Because six months passes quickly, prompt action is essential.
When the clock starts: the discovery rule
The deadline usually runs from the date of injury, but California recognizes a discovery rule in some circumstances. If an injury or its cause was not reasonably discoverable right away, the clock may start when you discovered, or reasonably should have discovered, the injury and its cause. These exceptions are narrow and fact-specific.
Other situations that can change the deadline
- Injured minors: the deadline is often paused until the child turns 18.
- Wrongful death: families pursuing fatal accident claims in California generally have two years from the date of death under Code of Civil Procedure section 335.1 (opens in new tab).
- Medical malpractice and certain other claims follow their own specialized timelines.
Because exceptions are narrow and the consequences of missing a deadline are severe, it is risky to assume more time is available than the general rule provides.
The practical takeaway
Treat every deadline as sooner than you think, especially if a government entity might be involved. Acting early also preserves evidence and witness memories while they are fresh — which is especially important when California's shared-fault rules may affect your recovery.
This resource is independent and free to use. It is not a law firm and does not provide legal advice. For advice about your specific situation, speak with a qualified attorney.
