How Long Do I Have To File An Injury Claim In California?

 Posted on December 21, 2025 in Car Accident

After suffering an injury in an accident, you may be focused on your recovery and dealing with medical bills. But California law sets strict deadlines for filing injury claims. Missing these deadlines can mean losing your right to compensation forever.

How long will you really have if you get hurt in 2026? And how long does it take to get a case started? Our Temecula, CA personal injury attorney can answer these questions and any others you may have.

What Is the Deadline to File a Personal Injury Lawsuit In California?

California Code of Civil Procedure Section 335.1 gives most injury victims two years from when the accident occured to file a lawsuit. This rule applies to many common types of personal injury cases, including:

• Car accidents

• Motorcycle accidents

• Truck accidents

• Pedestrian accidents

• Bicycle accidents

• Slip and fall accidents

• Dog bites

• Assault

The two-year clock starts ticking on the date your injury occurred. For example, if you were injured in a car accident on January 15, 2026, you would have until January 15, 2028 to file your lawsuit in court. This deadline is called a "statute of limitations." 

How Long Do I Have to File a Wrongful Death Claim in California?

If your loved one died because of someone else's negligence or wrongful act, California gives you two years to file a wrongful death lawsuit. The two-year period begins on the date of your loved one's death, not the date of the accident or incident that caused the death. 

In some cases, these dates may be different. For example, if someone was injured in an accident on March 1 but died from those injuries on April 15, the two-year deadline would begin on April 15.

Do Different Statutes of Limitation Apply For Claims Against the Government in California?

Claims against government entities in California follow much shorter deadlines under the California Tort Claims Act. If a city employee, county worker, state agency, or any other government entity caused your injury, you must act quickly. In most cases, you have only six months from the date of the injury to file a formal claim with the appropriate government agency. 

Do Insurance Claims Affect the Deadline to File a Lawsuit?

Negotiations with an insurance company do not pause or extend California’s statute of limitations. Even if an insurance claim is ongoing or the adjuster says they are "working on it," the legal deadline to file a lawsuit keeps running. If you miss the filing deadline while waiting on insurance negotiations, you can lose your right to compensation entirely.

Are There Any Exceptions To California Statutes of Limitation for Personal Injury Claims?

California law does recognize some exceptions that can extend or pause the statute of limitations. These include:

Discovery Rule Exceptions

In some cases, you may not immediately know you were injured or who caused your injury. California's discovery rule can extend the deadline until you discover, or reasonably should have discovered, your injury and its cause. This exception most commonly applies in medical malpractice cases and cases involving exposure to toxic substances.

Minors

If the injured person is under 18 years old, the statute of limitations does not begin until they turn 18. For example, a child injured at age 10 would have until age 20 to file a personal injury lawsuit.

Mental Incapacity

If you are mentally incapacitated and cannot manage your own affairs, the statute of limitations might be eligible for a pause until your capacity is restored.

Defendant Leaves California

If the person who injured you leaves California after the accident, the time they spend out of state may not count toward the statute of limitations.

These exceptions are complex and do not apply to every case. You should not assume an exception applies to your situation without consulting a lawyer.

Call A Temecula, CA Personal Injury Attorney Today

With over 25 years of experience, our Riverside County personal injury lawyer understands California's statutes of limitations and can help you decide what you want to do before your deadline expires.

We offer free consultations. Contact Maineri Law Firm at 951-698-4200 today to protect your rights and pursue the compensation you deserve.